The document, revealed in a Telegraph report on 19 February, reclassifies domestic abuse as a discretionary form of discipline rather than a criminal offense.

Legal specialists say the code introduces a vague threshold of "serious bodily evidence,” shifting the burden onto victims while giving judges wide latitude to dismiss complaints. "This is a structural redefinition of violence that makes accountability almost unachievable,” said one Kabul-based jurist who spoke to Diplomat News Network on background for fear of reprisals.

Even when severe injuries are proven, the maximum sentence for offenders is capped at 15 days in detention. Independent Afghan legal analysts note that such limits "all but erase any deterrent effect,” especially in a justice system tightly controlled by the ruling movement and lacking independent appeals.

The code contains no provisions addressing psychological, physical, or sexual abuse and offers no safe reporting mechanisms. Women seeking to file complaints must appear fully covered before a male judge and be accompanied by a male guardian—who, in many cases, may be the alleged perpetrator. Human-rights experts say this requirement effectively blocks survivors from accessing the courts.

Another controversial clause criminalizes women who flee violent homes, imposing sentences of up to three months on both the victim and relatives who shelter her. Human Rights Watch called the measures "an institutionalised system of coercion designed to eliminate women’s avenues for safety.”

Regional analysts say the law is part of a broader pattern of escalating restrictions on women since the Taliban retook power in Kabul in 2021, further alienating Afghanistan from the international community and complicating humanitarian engagement.