The Taliban’s new penal code has placed Afghanistan on the brink of exclusion from human history.
Author: Mohammad Qadir Misbah, Regional Affairs Expert (Afghanistan, Germany)
Contemporary Afghanistan finds itself in a condition that can be described neither as a merely temporary crisis nor as a stable, established order. What the people of this country are experiencing is a form of profound political and human suspension—an estrangement from human civilization; a condition in which life continues as if in a prehistoric era, with the crucial difference that, unlike history, there is no longer a future left to imagine. This situation is not solely the result of Taliban rule, but also the consequence of a consciously chosen silence by the international community, justified through concepts such as “realism” and “crisis management.”
Within this calculated silence, Afghanistan’s status has been downgraded from a political issue to a “manageable case file.” After years of costly engagement aimed at lifting the country out of deprivation and poverty toward modernization and renewal, the world has chosen, instead of confronting the root causes of the crisis, to limit itself to managing its consequences. In this equation, the Taliban are neither legitimate nor reformable, yet they are perceived as a force capable of maintaining a minimum level of order and are therefore deemed tolerable. The cost of this tolerance, however, is borne by the people of Afghanistan—through the suspension of rights, the elimination of freedoms, and the erosion of human dignity.
The announcement of the Taliban’s new statute has moved this state of suspension into a new and even more formalized phase. This document, despite its bureaucratic appearance, is not merely a compilation of regulations, but an explicit expression of the will of a power that has no intention of recognizing society. Within this statute, there are no signs of political participation, nor any intention to return women to education, employment, and social life. What stands out instead is the concentration of power, an exclusive interpretation of religion, and the systematic removal of the human being from decision-making processes. Thus, the suspension of rights is transformed from a temporary condition into a durable and structural model.
The reaction of the international community to this statute will, in all likelihood, once again be limited to verbal expressions of concern and diplomatic statements. This feeble response carries a dual message: it tells the Taliban that an ideological order can be consolidated without paying a high price, and it conveys to the people of Afghanistan that their suffering and rights do not rank among the priorities of the international system. It appears that this silence is neither neutral nor harmless—it is a silence that shapes destinies.
As a result of these processes, a society is taking shape in which disenfranchisement becomes the norm. The younger generation either sees emigration as the only path to salvation, or is pushed into isolation, or—lacking political and social horizons—is drawn into extremist narratives that later turn into an endless problem for the region and the world at large. This occurs when politics disappears from everyday life, giving way to mere survival. This is neither peace nor stability, but a form of social stagnation—a living society that is not allowed to develop.
Ignoring this situation is not only a moral failure for the world but also a strategic mistake. History has repeatedly shown that chronic repression and systematic exclusion do not remain confined within geographical borders. Institutionalized injustice sooner or later manifests itself in the form of mass migration, extremism, and regional instability. Today’s silence is a security debt owed to tomorrow.
At the same time, it must be honestly acknowledged that responsibility cannot be placed solely on external actors. In order to emerge from this state of suspension, Afghanistan must reconstruct its own alternative political narrative—a narrative that returns the human being to the center of politics, recognizes rights as non-suspendable, and addresses the world not only in the language of morality, but also in the language of shared interests, regional stability, and a collective future. A society that remains only in the role of a victim will, sooner or later, be excluded from the equation.
Today, Afghanistan stands on the margins of history; fortunately, it has not yet been completely expelled from it, but if action is delayed, it will leave even this circle behind. The Taliban’s new penal code seeks to legalize and entrench this marginalization, while global silence fully facilitates it.
And yet, history is not closed. As long as political and civic dialogue remain alive, and as long as a human narrative can replace an ideological one, the possibility of emerging from this state of suspension—however difficult and costly—still exists.
Penal Code of the Islamic Emirate of the Taliban
(from the page of Ahmad Saidi)
A person who spreads innovations (heresy): 10 years’ imprisonment.
If a teacher beats a student and breaks a bone, the teacher is dismissed from duty.
Disrespect toward parents: 10 lashes and 5 months’ imprisonment.
If a husband beats his wife causing bruises or fractures: 15 days’ imprisonment.
If someone calls a Muslim “infidel,” “corrupt,” or “vile”: 45 days’ imprisonment.
Contact with a non-mahram person (touching, handshaking, hugging): 1 year’s imprisonment.
Breaking the fast: 20 lashes and 2 months’ imprisonment.
Kidnapping: 10 years’ imprisonment; if the victim is killed, the punishment is execution.
Human trafficking: first offense—1 year, second—2 years, third—3 years’ imprisonment.
Sale of narcotics: 5 years’ imprisonment.
A judge who unjustifiably delays issuing a verdict: 10 days’ imprisonment; if a verdict is issued in jest—3 months’ imprisonment.
False testimony: 40 lashes.
Bribe-giver and bribe-taker: 1 year’s imprisonment; intermediary—6 months’ imprisonment.
(For lovers of nightlife) Dancer and spectator: 2 months’ imprisonment.
Sodomy: 2 years’ imprisonment; if it becomes habitual—execution.
Buying and selling human organs: 1 year’s imprisonment.
Gambling: 4 months’ imprisonment.
Organizing animal fights: 5 months’ imprisonment.
Buying and selling weapons: 1 to 2 years’ imprisonment.
Forgery of a signature: 3 years’ imprisonment.
Drug smuggling: 1 to 7 years’ imprisonment.
