Exclusive: Taliban begin enforcing new penal code

The Taliban have begun enforcing their newly approved penal code, sentencing a man in western Afghanistan to one year in prison and 39 lashes for allegedly insulting their supreme leader, according to three local and informed sources.

The sentence, issued by a Taliban primary court in Badghis Province, appears to be the first known application of the new code since it was formally endorsed by the Taliban leader. Despite domestic and international criticism of the document, Taliban authorities have moved ahead with its implementation.

The man, identified as Abdulkhaliq, son of Abdul Qadoos, is a resident of the village of Jahandosti in Bala Murghab district. According to the sources, he made remarks about the Taliban leader during a public gathering. A Taliban member who was present filed a complaint, and Abdulkhaliq was detained at the scene.

He was later tried under Article 18 of the Taliban’s penal code and convicted of insulting the leader. The court sentenced him to one year in prison and 39 lashes, the sources said. It was not immediately clear whether the flogging had been carried out.

The enforcement follows the ratification of the penal code by the Taliban leader. The document consists of 10 chapters and 119 articles. Several of its provisions have drawn criticism from activists, religious scholars and human rights organizations, who say the code expands the criminalization of speech, formalizes corporal punishment and concentrates broad authority in the hands of the Taliban leadership.

After the code was signed into effect, critics raised concerns that some articles could be used to suppress dissent and restrict basic freedoms. Taliban officials did not respond publicly to those specific criticisms but warned that opponents of the code could face legal consequences.

Nargis Haidari, a social activist, said criminalizing even criticism of the Taliban leader posed serious risks to fundamental rights.

“When even criticism of a leader is criminalized, it creates deep concern about citizens’ basic rights, including the right to criticize those in power and the principle of the rule of law,” she said. “Elevating one individual and prescribing punishment for any opposing speech runs counter to the foundations of an open and accountable society.”

Taliban spokesman Zabihullah Mujahid defended the code, saying it was grounded in Islamic law.

“This is a Sharia-based code,” he said. “We respectfully ask those who object to first refer to Sharia.”

Some religious scholars have also criticized parts of the code. In a video recently circulated on social media, a cleric argued that certain punishments outlined in the code were inconsistent with Islamic jurisprudence and the Hanafi school of law. He said that imprisoning a person for two years in some cases amounted to injustice and harmed not only the individual but also the person’s family.

Human rights organizations have warned that the penal code outlines severe punishments for a range of offenses while providing broad discretion to Taliban authorities. Critics have also expressed concern that the code could entrench unequal application of the law and shield Taliban members and their supporters from accountability.

The Taliban have not publicly released a detailed response to those allegations.