The Taliban has brought in a new Criminal Procedure Code in Afghanistan that formally creates a class-based justice system. The law was signed by the group’s supreme leader, Hibatullah Akhundzada, and issued on January 4, 2026.

The code has been sent to courts across the country. It was obtained by Rawadari, an Afghan human rights organisation that tracks violations and pushes for accountability.

The document contains 119 articles divided into three sections and 10 chapters. Human rights groups say the most troubling part is that it legally divides people based on social status.

Article 9 of the code divides Afghan society into four groups: religious scholars, the elite, the middle class, and the lower class.

Under this system, people committing the same crime can receive very different punishments depending on their social group. If a religious scholar commits a crime, the response is limited to advice. If the accused belongs to the elite, they are summoned to court and given advice. A middle-class person faces imprisonment for the same offence. Someone from the lower class can be punished with both imprisonment and corporal punishment.

Human rights groups say this system gives religious figures almost complete protection from real punishment, while poorer people face harsher treatment.

“This is not a justice system; it is a legally codified hierarchy of privilege,” Rawadari said in a statement.

Legal experts have also raised an alarm over repeated references in the law to “free” persons and “slaves”. Several articles clearly distinguish between these two categories when discussing punishment.

Rights groups say this language treats slavery as a valid legal status, even though slavery is banned under international law in all situations. They warn that using such terms amounts to recognising a practice that is globally prohibited.

The new code also removes several basic protections usually found in criminal law. It does not recognise the right to a defence lawyer, the right to remain silent, or the right to compensation for wrongful punishment.

Instead, the law relies mainly on confession and testimony to prove guilt. It removes the need for independent investigation and does not clearly define minimum or maximum punishments for crimes. Rights groups warn that this increases the risk of torture and forced confessions.

The code expands the use of corporal punishment, including flogging. It also introduces loosely defined offences such as dancing or being present at “gatherings of corruption”. Critics say this gives judges wide power to punish people for normal social or cultural activities.

For observers, the new law shows that the Taliban is reshaping Afghanistan’s legal system around power, religious status, and loyalty. Rawadari said the system places some people above the law while leaving others with little protection.

The organisation has called for the immediate suspension of the code and urged the United Nations and the international community to use legal and diplomatic steps to stop its enforcement. It has also said it will continue to monitor how the law is applied and publish regular reports.

Rights groups warn that the new criminal code sends a clear message: under Taliban rule, justice is no longer equal for everyone.