The enforcement of the Taliban’s new Criminal Procedure Code in January 2026 marks a decisive moment in Afghanistan’s political and moral trajectory. Presented as a legal reform to regulate courts and criminal justice, the document is, in reality, a blueprint for ideological control and social engineering. Rather than establishing order through justice, it institutionalizes fear, inequality, and absolute obedience. By transforming law into an instrument of coercion, the Taliban have exposed the fundamental contradiction between their claims of Islamic governance and the universal principles of justice embedded in both Islam and modern statecraft.

At its core, the Code dismantles the concept of equality before the law. It restructures Afghan society into rigid legal classes—scholars, elites, middle class, and lower class—with different punishments for the same crimes. This institutionalization of privilege undermines the very essence of justice. In Islamic tradition, moral and legal accountability is universal; status, lineage, or power do not exempt individuals from responsibility. By formalizing discriminatory punishments, the Taliban have replaced justice with hierarchy, contradicting both Islamic jurisprudence and ethical governance.

Even more alarming is the criminalization of dissent and diversity of belief. The Code defines criticism of the Taliban, ideological disagreement, or support for alternative views as crimes punishable by severe penalties, including death. Political opposition is reframed as religious deviation, effectively merging political authority with divine legitimacy. This fusion eliminates space for debate, accountability, and pluralism—elements that historically characterized Islamic governance and modern political systems alike. In doing so, the Taliban have converted obedience into a legal and religious obligation, erasing the distinction between faith and authoritarianism.

The social consequences of this legal framework are profound. Ordinary citizens bear the harshest punishments, while elites and religious figures remain shielded, reinforcing a system of structural injustice. Cultural expression is criminalized, social freedoms are curtailed, and silence itself becomes a legal duty through mandatory reporting requirements. Such measures not only suffocate Afghan society but also deepen the gap between rulers and the ruled. Instead of fostering stability, the Code accelerates social fragmentation and alienation.

The treatment of women under the Code further reveals its regressive nature. Women are subjected to surveillance, control, and punishment under the guise of morality and social order. Legal provisions empower male guardians to discipline women and criminalize their autonomy, while violence against women is inadequately addressed. This distortion of gender relations contradicts Islamic teachings that recognize women as independent moral and legal agents and undermines Afghanistan’s cultural and historical traditions of social dignity.

Perhaps the most disturbing aspect of the Code is its implicit recognition of slavery and its normalization of human inequality. By legally distinguishing between free individuals and slaves, the Taliban revive a social structure that Islam historically sought to abolish through gradual emancipation and human dignity. Such provisions not only violate moral principles but also signal a regression into pre-modern forms of governance incompatible with contemporary human rights norms and state legitimacy.

From a governance perspective, the Taliban’s Criminal Procedure Code represents institutional collapse rather than legal reform. Modern states rely on clarity, accountability, and uniform application of law; the Taliban framework replaces these principles with vague offenses, unchecked authority, and ideological enforcement. The result is not order but instability, not legitimacy but isolation. Afghanistan’s future under such a system is one of deepening repression and international marginalization.

Ultimately, the Taliban’s Criminal Procedure Code is not a manifestation of Shariah but a political manifesto disguised as law. It reflects a leadership obsessed with control rather than justice and power rather than morality. Islam emerged to challenge oppression and establish justice; the Taliban’s legal architecture sanctifies inequality and fear. No society governed by such principles can achieve stability, moral legitimacy, or sustainable peace. The Afghan people are not merely facing harsh laws—they are confronting the systematic dismantling of justice itself.