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Afghanistan Under Taliban Law: Impacts on Rights and Society

Since regaining control of Afghanistan in 2021, the Taliban have transformed the country’s legal framework, grounding it in a strict interpretation of Islamic law (Sharia). This shift has profoundly impacted Afghan society, especially in areas such as women's rights, freedom of expression, and justice processes. As the Taliban enforce conservative principles, many Afghans face severe restrictions, and international human rights organizations have voiced strong concerns about these developments. This essay examines the Taliban’s legal changes, their effects on Afghan citizens, and the broader implications for global human rights.

Since the Taliban regained control of Afghanistan in August 2021, the legal landscape has shifted dramatically. The regime's rule has significantly changed the country’s legal system, moving it away from the modernized and internationally influenced framework developed under previous governments. The Taliban's new code of law is grounded in a strict interpretation of Islamic law (Sharia), affecting various aspects of Afghan society, including the rights of women and girls, freedom of expression, and justice procedures. This essay explores the nature of these changes, the impact on Afghan citizens, and the broader implications for international human rights.

The Taliban’s legal framework in Afghanistan is centered on their interpretation of Sharia. Their code of law emphasizes adherence to conservative Islamic principles as interpreted by their scholars.

Under this system, there is limited separation between religion and law, which means that the judiciary and government officials are primarily responsible for enforcing Islamic principles. The Taliban assert that their approach provides moral order and discourages crimes by instilling religious fear, but it has drawn criticism for being harsh and restrictive, especially toward certain groups.

One of the most controversial and widely condemned changes under the Taliban's new laws

concerns the treatment of women and girls. The Taliban have imposed significant restrictions on female education, barring girls from attending secondary schools and universities. Women are largely excluded from workplaces, and the new legal code dictates strict dress codes and mobility restrictions, requiring women to be accompanied by a male relative in public. Women who were once active in politics, education, and healthcare face severe limitations, and many fear punishment for challenging these laws.

The Taliban's interpretation of Sharia involves a strict approach to justice and punishment, often characterized by corporal punishments. Reports indicate that punishments such as amputation for theft,

public floggings for adultery, and even executions for certain crimes are being reintroduced. These practices are part of a broader approach to justice that the Taliban justifies as deterrence against crime.

However, international human rights organizations have condemned these punishments as severe and inhumane, arguing that they violate basic human rights standards and fail to allow for fair trials and due process.

Under Taliban rule, freedom of expression has been heavily curtailed. The media landscape has changed drastically, with independent news agencies shutting down or forced to operate under

strict censorship. Journalists face significant risks, and many have been detained, threatened, or even

killed. Public dissent and protests, especially those women-led, are often met with forceful

suppression. This crackdown on expression reflects the Taliban's desire to maintain control over public

narratives and to limit any opposition to their rule.  The Taliban’s new legal code has faced widespread international criticism. Human rights

organizations, including the United Nations, have expressed concern over the deteriorating situation in Afghanistan, particularly regarding the treatment of women and minorities. The international community, while cautious about engaging with the Taliban, has attempted to apply pressure by withholding formal recognition and limiting financial support. Humanitarian aid continues, but restrictions on foreign investment and development funds have contributed to Afghanistan’s worsening Economic situation. The Taliban, however, remain resistant to external influence, insisting that their legal system is in line with Afghan cultural values and Islamic principles.

 


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