Under the new law, a husband can face a maximum of 15 days in prison for beating his wife. However, this penalty only applies if the victim can prove her injuries in court, specifically showing visible bruising or physical wounds. On the other hand, if a woman goes to her parental home without her husband’s permission, she could face up to three months in prison. The law even suggests that the woman’s family members could face action if they refuse to send her back to her husband.
Volker Türk, the UN Human Rights Chief, stated that this law violates international standards and essentially legalizes discrimination against women. Similarly, Susan Ferguson, a representative for UN Women, commented that the law grants men excessive authority over women, making it even harder for female victims to seek justice.
Interestingly, the law imposes a much stricter penalty for animal fighting, with offenders facing up to five months in jail. While cockfighting and bird fighting have long been traditions in Afghanistan, the Taliban moved to ban them after taking power. Observers have noted that the punishment for animal fighting under this new code is significantly harsher than the punishment for severe domestic violence.
The legal framework also introduces a tiered sentencing system based on social status. Religious scholars or influential figures may receive only a warning for an offense, while ordinary citizens face jail time, and those from lower social classes could face corporal punishment for the same crime. For grave offenses like murder, the death penalty remains. Insulting Prophet Muhammad is also a capital offense, though the sentence may be reduced to six years in prison if the perpetrator shows sincere repentance.
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