Domestic violence is now legal in Afghanistan

"It is impossible for women to get any justice for an assault that happens to them."

It comes after Hibatullah Akhundzada, the Supreme Leader of the Islamist extreme group, signed a 90-page criminal code which outlines different degrees of legal penalisation depending on whether the recipient is regarded 'free' or a 'slave'.

This new punitive regime will essentially introduce a system in Afghan society that categorises individuals as either upper-class or lower-class citizens.

The so-called 'upper-class' citizens will largely be made up of religious leaders and mullahs.

According to the country's new rules, officially titled 'De Mahakumu Jazaai Osulnama' and now distributed nationwide, physical punishment of the latter group is generally viewed as more acceptable.

Political commentators predict, unsurprisingly, that this will lead to increased violence against female citizens, given that the code equates women with 'slaves' and their husbands with 'slave masters'.

The new code has sparked outrage both in Afghanistan and internationally, with the Taliban warning that even discussing it could be considered an offence.

Serious crimes, including those against the government or its regime, will be handled by Islamic clerics instead of the correctional system.

The less serious incidents, such as personal wrongs, will be dealt with using a "ta'zir", which is a discretionary punishment that can be inflicted on a wife by her husband.

The latest criminal code does not provide justice for women who endure physical abuse from their partners. Their only potential recourse is to present proof of serious bodily harm to religious judges, while remaining fully covered in Muslim garments and accompanied by a male guardian, which often is their own husband.

An anonymous female legal adviser in Kabul told The Independent that Afghan women will face an 'extremely lengthy and difficult' process to seek justice, in a society where achieving it has already been challenging.

The adviser cited a recent case in which a woman was beaten for visiting her husband in prison without a chaperone, because her husband was incarcerated.

"She cried and shouted in public that death is better [than the process she is going through]," the adviser explained.

"It is impossible for women to get any justice for an assault that happens to them."

And even in the rare case where a woman has been able to prove she was in fact a victim of extreme violence at the hands of her husband, the perpetrator will only face a minimum of 15 days in prison.

Back in 2021, the Taliban resumed their power in Afghanistan following a takeover that coincided with the withdrawal of US troops and NATO forces.

Under the previous NATO-backed government, forced marriage, rape, and gender-based violence were treated as criminal offences, with perpetrators of domestic violence against women typically punished with prison terms ranging from three to twelve months.

If you have been affected by any of the issues raised in this article, support is available. Call the Women's Aid National Freephone Helpline on 1800 341 900. The helpline is open 24 hours a day, 7 days a week. Other resources can be found on the Women's Aid website right here.