Taliban courts in Afghanistan have enacted a new criminal code that includes explicit references to slavery and establishes a formal classification system dividing Afghan Muslims into distinct legal categories.
The Criminal Code of Taliban Courts, a 119-article document signed by Supreme Leader Mullah Hibatullah Akhundzada, has been distributed to provincial courts throughout the country for implementation. The code uses the term “slave” across multiple articles within its legal framework.
The document also introduces a classification dividing Afghan Muslims into two categories: “Sunni and Jamaat” and “innovators”. This categorisation creates distinct legal treatment for different groups of citizens based on their religious practice and interpretation.
The code has been sent to provincial judicial authorities with instructions for enforcement. The exact date of distribution and timeline for implementation across all provinces remains unclear, though the document is now in circulation within Afghanistan’s court system.
The provisions stand in direct contradiction to the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the 1926 Slavery Convention, all of which prohibit slavery and servitude in any form. Afghanistan remains a signatory to these international agreements, though the Taliban government has not been formally recognised by any nation.
The religious classification system outlined in the code creates separate legal pathways for prosecution and punishment based on sectarian identity. The definition and criteria for categorising individuals as “innovators” are not clearly specified in available sections of the document.
International human rights organisations have not yet issued formal assessments of the code, though several are understood to be reviewing the document. The United Nations Assistance Mission in Afghanistan has not released a statement on the matter at the time of publication.
Independent verification of the code’s contents and its application in Afghan courts faces significant obstacles due to restrictions on press freedom and human rights monitoring within Taliban-controlled territory. Foreign journalists and international observers have extremely limited access to the country’s judicial proceedings.
The Taliban government has made no public announcement regarding the code’s introduction. Requests for comment from Taliban officials have not been answered.
Afghanistan’s population includes significant religious minorities, including Shia Muslims who comprise an estimated 15 to 20 percent of the country’s inhabitants, as well as smaller communities of Ismailis and Sufis. The impact of the new classification system on these populations cannot yet be independently assessed.
The development adds to growing concerns about legal protections for Afghan civilians under Taliban governance, which has already seen severe restrictions imposed on women’s education, employment and movement since August 2021.
