Since the Taliban took power in Afghanistan, people there have been living in a vicious circle of violence, repression and mass violations of human rights. The latest step in this direction was the introduction of a new penal procedure based on their extremist interpretations of religious norms and expectations of absolute humility before the authorities. The human rights organization “Tolerance” reports that a document has been sent to Afghan courts, according to which society in the country will now be divided into four classes - scholars and clerics, an upper class, which includes tribal leaders and merchants, a middle and lower class. And the court sentences will take this division into account.
“They want to divide society and are deliberately using derogatory terms”, Zabidullah Ebrahimi told DW. Before the Taliban came to power, Ebrahimi was a judge in Kandahar province in Afghanistan. From his experience with legal and religious issues in the country, he believes that this new law is in clear contradiction with the Islamic concept of human dignity. Ebrahimi also criticizes the fact that government representatives are presented as “scholars” in the new class division of Afghanistan, as well as the fact that wealthy merchants are placed above the rest of the people, and power and wealth are raised on a pedestal and are clearly a symbol of moral superiority.
The expected new court sentences and punishments are also problematic. Privileged groups are expected to be punished only with verbal or written warnings, while poorer people can expect even death sentences. The document also uses terms such as “golam” (slave), and violence against women is fully legitimized. Women in Afghanistan need their husbands' permission for almost everything, including visiting their parents. Without it, they face punishment.
Rights practically no longer exist
At the same time, the new law also aims to systematically repress religious minorities and anyone who tries to oppose the authorities. Only followers of the Hanafi school of thought will be considered orthodox Muslims; all others are classified as apostates or heretics. Hanafi school of thought is one of the most important schools of law in Sunni Islam and part of Islamic jurisprudence (Fiqh). But the Taliban use this tradition as a tool for exclusion and repression.
“Many Taliban cannot even read the Quran, let alone understand it,” said lawyer and former judge Abdul Momin Zia Badakhsh. “Religious precepts must adapt to the circumstances of their time and cannot remain unchanged forever. The Taliban do not understand the spirit of either religion or society, otherwise they would not talk about slavery,” Badakhsh said.
At the heart of their plan is the end of access to a fair trial. The presumption of innocence, the right to a lawyer, the right of the accused to remain silent, and protection from torture and ill-treatment are virtually non-existent in Afghanistan. This law allows not only the judiciary but also ordinary citizens to take action against “sinners.” Vague and undefined terms such as “debauchery,” “sedition,” or “immoral gatherings” give authorities virtually unlimited power to arrest and punish opponents, activists, or ordinary citizens.
Escalation of repression and deepening poverty
Any criticism of the law will be interpreted as criticism of Sharia law and will be prosecuted, the Taliban’s justice ministry said. Critics and human rights groups say the new law gives the Taliban sweeping powers to interfere in private lives and serves to permanently suppress individual freedoms and nip any form of political opposition in the bud, in order to secure their hold on power.
At the same time, the Taliban is investing in security forces. The World Bank reports that they have invested about 1.49 billion US dollars in the first nine months of 2025. This is nearly 48% of the total budget of the country. These huge sums are being invested in the judicial apparatus, while Afghan society continues to impoverish progressively, and the economic crisis has worsened even further. Currently, over 17 million people are threatened with severe hunger, and nearly 95% of the population does not have access to food.
Author: Shabnam von Hein