In a statement issued Sunday, January 25, the council said it does not consider the Taliban administration’s penal code to be consistent with Islamic principles, adding that parts of it resemble what it described as Hindu teachings. The statement did not elaborate on that comparison.
The council also criticised what it described as the division of society into “slaves” and “free people” in the name of Islamic law, calling it deeply concerning.
According to the statement, the Taliban, which presents itself as a legitimate Islamic government, must clarify its position to the international community and avoid reimposing laws and customs from the pre-Islamic era under the name of Islam.
Taliban leader Hibatullah Akhundzada recently endorsed the penal code, which consists of 10 chapters and 119 articles. Following his approval, the code has been distributed to provinces for implementation within Taliban judicial institutions.
According to Taliban officials, the code forms the legal basis for judicial rulings in courts under their administration. A spokesperson for the Taliban Supreme Court, Abdul Rahim Rashid, previously confirmed the contents of the code and said Afghan citizens who commit discretionary crimes could face different punishments based on social classification, though he said this does not apply in cases involving retribution punishments.
Provisions cited in the code include language stating that Muslims who witness a “sin” being committed may take action against those involved. Taliban authorities say the code is based on their interpretation of Islamic law.
The penal code marks the first time the Taliban’s interpretation of such judicial rules has been formally approved and signed by their leader as an official legal document.