Taliban Enacts Draconian Penal Code: Return of Public Floggings and Legalized Violence Against Women

KABUL (Kokcha News Agency) — Mulla Hibatullah Akhundzada, the leader of the Taliban, has issued a decree enforcing the “Penal Code of Courts” as the new criminal law of Afghanistan. This 119-article document, a copy of which has been obtained by Kokcha News Agency, grants unprecedented powers to judges to issue verdicts based on “suspicion” and legalizes corporal punishments such as flogging for a wide range of social and civil offenses.

Analytical reviews indicate that this law is in stark conflict with human rights values and global standards of justice. While modern laws are based on the presumption of innocence, Article 4 of this code explicitly states that in Ta’zir (discretionary punishment), a crime “can be proven even with suspicion.” This clause alone obliterates the judicial security of citizens and paves the way for arbitrary detentions.

regarding women’s rights, this document represents a historic regression. According to Article 32, domestic violence by a husband against his wife is only considered a crime if it leads to “bone fracture or skin tearing”; meaning that “milder” forms of physical violence are effectively permissible. Furthermore, Article 34 criminalizes women who go to their father’s house without their husband’s permission, making them liable for imprisonment.

Freedom of speech and belief is also severely suppressed under this law. Any criticism of the leader or Emirate officials carries punishments of flogging and imprisonment. Article 26 explicitly criminalizes “leaving the Hanafi school of jurisprudence” and prescribes imprisonment for it, which is a flagrant violation of the rights of religious minorities. Additionally, citizens’ privacy is violated by articles that criminalize “looking at a neighbor’s women” or “asking about their well-being,” and even simple joys like dancing or watching dance (Article 59) are met with prison sentences. This document effectively turns Afghanistan into a large prison where all aspects of private and public life are under strict control.

Below, the fundamental differences between this text and laws of the advanced world and human rights principles are analyzed in key areas:

1. Judicial System and Legality of Crimes: This code leaves judges with vast discretion to interpret crimes and determine punishments (from flogging to prison). The phrase “proven even with suspicion” (Article 4, Clause 2) is the exact opposite of the global principle of “presumption of innocence” and the requirement of “proof beyond a reasonable doubt.”

2. Women’s Rights and Domestic Violence: This law “regulates” domestic violence rather than “prohibiting” it. The text views the woman as the husband’s property, treating her escape (even to her father’s house) as a crime. This is a clear violation of human dignity and women’s individual liberties.

3. Freedom of Speech, Belief, and Religion: This document imposes a mono-vocal and mono-religious society. Criticizing power is equal to a crime. Criminalizing “exit from the Hanafi sect” in a country with a significant population of Shiites and other sects signifies a systematic violation of minority rights.

4. Corporal Punishment and Human Dignity: The return to flogging in public or in prison is a reversion to medieval penal methods aimed at humiliating the offender, not reforming them.

5. Civil Rights and Privacy: These articles indicate a “police state” that intrudes into the most private corners of citizens’ lives. Criminalizing “watching a dance” or “asking about a neighbor” shows the depth of social restrictions.

6. Children and Education: This law legalizes violence against children under the guise of religious upbringing.

This document is more of an ideological manifesto for total societal control than a penal code for maintaining order. It contradicts the most basic principles of democracy (separation of powers, civil rights) and human rights (prohibition of torture, gender equality). While neighboring countries and the Islamic world are modernizing their laws, this document pushes Afghanistan legally back by centuries, leaving citizens defenseless against the ruling power.

Here is the complete, unabridged English translation of the provided document.

Circular: No. 22 | Date: 15/07/1447 AH

In the name of Allah, the Most Gracious, the Most Merciful Praise be to Allah, Lord of the Worlds, and peace and blessings be upon the Master of Messengers, and upon his Family and all his Companions.

Islamic Emirate of Afghanistan General Directorate of Administrative Affairs Office of the Chief of Staff and Registration of Decrees

Subject: Enforcement of the Penal Code of Courts by the Supreme Leader, Amir al-Mu’minin (May Allah Protect Him)

Article One: I hereby endorse the Penal Code of Courts, comprising (1) Preamble, (3) Chapters, (10) Sections, and (119) Articles.

Article Two: This decree is effective from the date of endorsement and shall be published in the Official Gazette along with the text of the aforementioned Code.

Peace be upon you and the mercy and blessings of Allah.

Decree of the Amir al-Mu’minin Sheikh al-Quran wa al-Hadith Mawlawi Hibatullah Akhundzada 12 Rajab al-Murajjab 1447 AH

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In the name of Allah, the Most Gracious, the Most Merciful Praise be to Allah, Lord of the Worlds, and peace and blessings be upon the Master of Messengers, and upon his Family and all his Companions.

BOOK OF THE PENAL CODE OF COURTS

The Penal Code of Courts consists of a Preamble, three Chapters, ten Sections, and one hundred and nineteen Articles.

PREAMBLE The preamble contains articles regarding the definition of principles and laws, terminology, and implementing authorities.

Meaning of Principles and Laws Article 1: In this Code, “Principles and Laws” refer to those principles and laws that have been approved or endorsed by the Supreme Leader, Amir al-Mu’minin, Sheikh al-Quran wa al-Hadith Mawlawi Hibatullah Akhundzada (May Allah Protect Him).

Terminology Article 2: The following terms in this Code shall have the meanings ascribed below:

1. Haqq-Allah (Right of Allah): A right wherein the benefit is general for all people and is not specific to any particular individual. It is attributed to Allah the Almighty due to the greatness of its status and its inclusiveness of all people.

2. Haqq-al-Abd (Right of the Servant): A right wherein the benefit and harm of its commission or omission accrues to an individual and does not pertain to public matters of utility.

3. Durra (Whip/Lash): A specific instrument used by the judge to administer Hadd (fixed punishment) or Ta’zir (discretionary punishment).

4. Adl (Just Witness): “News of an Adl” refers to the report of a person who is very fair, lacks bias, refrains from major sins (Kabair), and does not persist in minor sins (Sagha’ir).

5. Kidnapping: Seizing a person by force for personal gain or to cause harm to the abducted person.

6. Mouser (Wealthy/Solvent): A non-needy person for whom receiving Zakat is forbidden.

7. Mu’sir (Indigent/Insolvent): A needy person for whom receiving Zakat is permissible.

8. Mubtadi’ (Innovator): A person holding a belief contrary to the belief of the Ahl al-Sunnah wa al-Jama’ah.

9. Qabalah (Title Deed): An official document arranged in light of enforced laws to establish and document immovable property.

10. Wasiqa (Legal Document): A valid document arranged in light of enforced laws by officials upon the confession of the declarer and the confirmation of the beneficiary, and certified by a judge.

11. Sa’i bil-Fasad (Striver for Corruption): Such as a sorcerer, sodomite, strangler (Khannaq), rebel, and bandit; a person whose harm is general and whose reformation is not possible except by killing.

12. Accused: A person against whom one just witness or two witnesses of unknown status (Mastur al-Hal) testify before a judge regarding the commission of one of the crimes listed in this Code.

13. Criminal (Convict): A person who has been sentenced to punishment by a court ruling due to the commission of one of the crimes listed in this Code.

14. Forgery and Falsification: Creating a writing, creating a document, creating a seal, or signing for another person contrary to the truth, or altering the content of deeds and official documents by erasing writing, defacing, scraping, adding, destroying, blacking out, and similar means.

15. Recidivist (Repeat Offender): A person who has been sentenced to punishment for committing one of the crimes listed in this Code and, after the issuance of a final court ruling, commits the same crime again.

16. Orphan Drug: Special drugs used for the treatment, prevention, and diagnosis of rare diseases, for which there is little interest among manufacturers or importers to produce or import. They are produced or imported at the specific time and quantity ordered by the Ministries of Public Health and of Agriculture, Irrigation, and Livestock.

17. Health Products: Medical supplies and equipment, medical food items, pharmaceutical substances, pharmaceutical food products, reagents (chemicals used for interaction or examination), laboratory materials, and other health materials whose affairs are regulated by the Ministries of Public Health and of Agriculture, Irrigation, and Livestock.

18. Ordinary Quality Violation: A violation where, after testing, the quality result contradicts the standard and causes financial loss to the consumer.

19. Medium Quality Violation: A violation where, in addition to an ordinary violation, it also causes harm to the environment.

20. Severe Quality Violation: A violation where, in addition to a medium violation, it also causes harm to human health.

Implementing Authorities Article 3: The Courts of the Islamic Emirate are the authorities for the implementation of this Code.

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CHAPTER ONE: PRINCIPLES, LEVELS, AND TYPES OF TA’ZIR APPLICATION, THOSE DESERVING OF TA’ZIR, AND RELATED RULINGS

This chapter consists of the following three sections:

• Section One: Principles of Applying Ta’zir.

• Section Two: Levels and Types of Ta’zir.

• Section Three: Those Deserving of Ta’zir and Related Rulings.

SECTION ONE: PRINCIPLES OF APPLYING TA’ZIR

Difference between Hadd and Ta’zir Article 4:

1. Hadd is fixed and determined, while Ta’zir is delegated to the opinion of the Imam.

2. Hudud (plural of Hadd) are dropped by doubts (ambiguities), while Ta’zir can be established even with doubt.

3. Hadd is not applied to a child, but Ta’zir is given for discipline.

4. Hadd for a Muslim and a Dhimmi (protected non-Muslim) is called Hadd for both, but Ta’zir for a Dhimmi is called Uqubah (punishment).

5. The penalty of Hadd belongs to the Imam, while Ta’zir penalty can also be given by a husband or a master.

6. Any Muslim who sees a sinner committing a sin involving the Rights of Allah has the authority to administer Ta’zir at the time of the sin, as this falls under “Forbidding Evil,” but he does not have the authority to apply Hadd.

7. Retraction of a confession is not valid in Ta’zir, whereas it is valid in all Hudud except Hadd al-Qadhf (false accusation of unchastity).

8. In Hadd, the person testified against (Mashhud Alayhi) by witnesses of unknown status (Masturin) may be imprisoned until the witnesses are scrutinized; in Ta’zir, he is not imprisoned.

9. It is not permissible for the Imam to abandon a Hadd after it is proven; abandoning Ta’zir in pure Rights of Allah is permissible for the sake of interest (Maslahah).

10. Intercession (Shafa’at) is not permissible in Hadd after proof, but it is permissible in Ta’zir.

11. Except for Hadd al-Qadhf, other Hudud are dropped by the passage of time (Statute of Limitations) in the case of witnesses, but they are dropped with an excuse; Ta’zir is not dropped by the passage of time.

12. In Rights of the Servants, Ta’zirat do not accept overlapping/merging (Tadakhul), whereas Hudud, if of the same genus, accept overlapping.

13. Hudud are not inherited by heirs; Ta’zir and Qisas (retribution) are inherited.

14. In pure Rights of Allah regarding Hudud, demanding a guarantor (Kafil) is not permissible; in Ta’zirat, demanding a guarantor is permissible.

15. In the application of Hudud, Qisas, and Diyah (blood money), only the crime is considered, not the personality of the criminal; in Ta’zir penalties, both the type of crime and the personality of the criminal are considered.

Methods of Proving Crime Article 5: In Rights of Allah and Rights of the Servants, a crime is proven before a judge or by the ruling of a judge through the following methods:

1. In Rights of Allah: Confession (Iqrar), Evidence (Bayyinah), Definitive Circumstantial Evidence (Qara’in Qat’iyyah), and the report of a just person (Khabar Adl).

2. In Rights of the Servants: Confession, Evidence, Refusal to take an oath (Nukul), and Definitive Circumstantial Evidence. However, Qisas is not proven by refusal to take an oath or circumstantial evidence.

Methods of Proving Ta’zir Article 6: (1) In Rights of the Servants, Ta’zirat are proven by the following methods:

1. Confession.

2. Evidence (Testimony of men or joint testimony of men and women).

3. Refusal to take an oath (Nukul). (2) In Rights of Allah, Ta’zir is proven by the following methods:

4. Report of a just person (Khabar Adl).

5. Definitive Circumstantial Evidence.

Validity of the Testimony of a Just Informant Article 7: (1) The testimony of a just informant is valid in the following ways:

1. His testimony must be based on observation and certainty, not on prevailing conjecture. In matters requiring seeing and hearing, such as marriage contracts, sales, leases, and divorce… his report must be based on seeing and hearing.

2. The testimony must be given in the court session using the word “Ash-hadu” (I bear witness).

3. The testimony must establish the right of another. (2) The testimony mentioned in Clause (1) of this Article, if based only on knowledge, is valid under the following conditions:

4. The witness has acquired knowledge of those matters through widely transmitted reports (Tawatur) such that its falsehood is remote from reason.

Rejection of Witnesses due to Abstract Impugnment Article 8: If a person uses words against another that warrant Ta’zir, such as calling him a “Fasiq” (sinner) and the like, the witnesses of said person are not accepted to relieve him of Ta’zir.

SECTION TWO: LEVELS AND TYPES OF TA’ZIR

Levels of Ta’zir Regarding the Offender Article 9: (1) Regarding the offender (Jani), Ta’zir has the following levels:

1. Ta’zir of Scholars and High-Ranking People: Ta’zir of such people by the judge is via a notification such as: “It has reached me that you are doing such and such…”

2. Ta’zir of Nobles (Ashraf); such as Tribal Elders and Merchants: Ta’zir of such people is by the judge informing them and summoning them to court.

3. Ta’zir of the Middle Class: Ta’zir of such people is by summoning to court and imprisonment.

4. Ta’zir of the Lower Class: Ta’zir of such people is by threatening and beating. However, if the Ta’zir of beating is at the maximum limit, such as thirty-nine (39) lashes, it shall not be struck on one spot of the criminal’s body. (2) In the Ta’zir of beating mentioned in Item 4 of Clause (1) of this Article, one must refrain from striking those places which are prohibited in the punishment of Sharia Hudud, such as the head and severe private parts.

Types of Ta’zir Regarding the Crime Article 10: Regarding the crime (Jinayat), Ta’zir has the following types:

1. Ta’zir in a crime that is purely the Right of Allah.

2. Ta’zir in a crime that is purely the Right of the Servant.

3. Ta’zir in a crime where the Right of the Servant is dominant.

Rulings Regarding Ta’zir in Rights of Allah and Rights of the Servant Article 11: (1) If a Right of Allah and a Right of the Servant are combined, the judge first rules on the Right of the Servant due to the priority of satisfying the Right of the Servant, then rules on the Right of Allah. (2) In Rights of Allah, the application of Ta’zir is necessary when the reformation of the offender is not possible without Ta’zir. If his reformation has occurred without Ta’zir or signs of repentance appear on him, the judge may waive his Ta’zir. (3) In Rights of the Servants, reconciliation, pardon, and exoneration by the right-holder are considered valid. (4) Ta’zir in Rights of Allah does not require a prior lawsuit; the claimant has the status of a witness, and the witness has the status of a claimant provided there is probity (Adalat), and a just informant has the status of a witness provided his report is based on observation and certainty, not prevailing conjecture. (5) In a Right of the Servant where giving Ta’zir to the criminal depends on a lawsuit, no one other than the judge can administer Ta’zir.

Financial Ta’zir Article 12: (1) Ta’zir by taking money is prohibited. (2) The judge may give the criminal the following two types of Ta’zir:

1. By destroying property.

2. By withholding property in immovable assets.

Demolishing Places of Corruption Article 13: The judge shall punish by demolishing the places of corrupt people, evildoers, and sinners where they habitually commit acts of corruption.

Ta’zir by Killing for Public Interest Article 14: (1) If public interests are preserved by the death of the following criminals, they may be killed by way of Ta’zir for the sake of interest (Maslahah) with the permission of the Imam:

1. One who persists in corruption.

2. Sa’i bil-Fasad (Striver for corruption).

3. One who kills with a heavy object (Muthqal).

4. Defender of a false belief contrary to Islam.

5. Propagator of a false belief contrary to Islam (Leaders and mentors of innovators and corrupt people).

6. Sorcerer (Sahir).

7. Heretic (Zindiq). (2) In the following cases, the Imam may give the criminal Ta’zir by killing based on interest:

8. One who repeatedly engages in intercourse other than in the vagina.

9. One who commits sodomy repeatedly.

10. One who kills by strangulation repeatedly.

11. One who steals repeatedly.

SECTION THREE: THOSE DESERVING OF TA’ZIR AND RELATED RULINGS

Ta’zir for the Absolute Offender Article 15: For every crime for which a Hadd is not prescribed, Ta’zir is given. Whether the offender is free or a slave, male or female, Muslim or infidel, adult or a sane child, they are considered deserving of Ta’zir.

1. However, a sane child is given Ta’zir for the purpose of discipline.

Ta’zir for Insulting the Status of Prophets (Peace Be Upon Them) Article 16: If a Muslim insults the status of the Best of Mankind (Peace be upon him) or other Prophets (Peace be upon them) or engages in any type of humiliation, he is considered an apostate and deserving of the following Ta’zir:

1. If this crime is proven without his repentance, the judge shall execute him by way of Ta’zir with the permission of the Imam.

2. If he had repented, the judge shall sentence him to six years imprisonment after repentance.

Ta’zir for Insulting Holy Days, Islamic Symbols, and Scholars Article 17: (1) A person who insults the holy days of Islam is a criminal; the judge shall sentence him to three months imprisonment. (2) Mocking and ridiculing Sharia rulings and Islamic symbols warrants Ta’zir. If it is proven to the judge that he performed this act intentionally and consciously, he shall give two years imprisonment. (3) Any person who intentionally and consciously says “I do not act upon the legal sayings of the noble jurists” or says “The words of scholars are not acceptable,” if it is proven to the judge that he said this intentionally and consciously, he shall give two years imprisonment.

Ta’zir for Abusing the Imam Article 18: A person who abuses (curses) the Imam is a criminal; the judge shall sentence him to one year imprisonment in addition to thirty-nine (39) lashes.

Ta’zir for Those Who Oppose the Imam’s Order in Permissible Matters Article 19: (1) In permissible matters (Mubahat), when the Imam orders their performance, implementing said matters is obligatory, and the opposer is deserving of Ta’zir. (2) When the Imam forbids permissible matters, performing said matters is forbidden, and the opposer is deserving of Ta’zir. (3) The opposer mentioned in Clauses (1 and 2) of this Article shall be sentenced to one month imprisonment.

Ta’zir by Dismissal for Disobeying Rulings and Decrees of the Supreme Leader, Amir al-Mu’minin Article 20: (3) The Ta’zir of all Emirate employees and officials by dismissal from duty occurs only in the case of disobedience to the decrees and rulings of the Amir al-Mu’minin (May Allah Protect Him).

Ta’zir for Opposing the Orders of Other Commanders Article 21: In Emirate administrations, if a Mujahid soldier or an employee opposes the order of a superior, in the absence of a valid excuse, he shall be punished in the following order:

1. The superior must advise him.

2. In case of repeated opposition, Ta’zir is given according to Item 3, Clause (1) of Article 9 of this Code.

3. In case of a third time, Ta’zir is given according to Item 4, Clause (1) of Article 9 of this Code.

Ta’zir for Not Performing Duty on Time Article 22: Not performing government service at its time or in the correct manner without a Sharia excuse is a crime and an act warranting Ta’zir. The judge shall give Ta’zir according to the levels in Article 9 of this Code.

Ta’zir for Insulting Public Government Employees and Emirate Personnel Article 23: (1) Aggression against public government employees and persons appointed for public services during duty, insulting government employees, especially laying hands on a soldier or a Mujahid, tearing his clothes, speaking abusively to him, insulting the court, and disrupting a judicial session are acts warranting Ta’zir. The judge shall sentence the perpetrator to ten days imprisonment. (2) If a person insults senior Emirate personnel, the judge shall sentence him to six months imprisonment in addition to twenty lashes.

Ta’zir for Failure to Act and Failure to Inform Against Opponents Article 24: If a person sees destructive gatherings and consultations of opponents of the system or has knowledge thereof but neither acts against them himself nor informs the relevant Emirate administrations, the person who sees and possesses knowledge is a criminal. The judge shall sentence him to two years imprisonment.

Ta’zir for Sheltering Combatants, Thieves, and Rebels Article 25: A person sheltering combatants (Muharibin), thieves, rebels (Baghis), and other corrupters like them is a criminal. The judge shall sentence him to five years imprisonment in addition to thirty-nine (39) lashes.

Ta’zir for Leaving the Hanafi Madhhab Article 26: In Afghanistan, followers of the Hanafi Madhhab cannot leave the Hanafi Madhhab. If someone leaves and it is proven to the judge, he shall give two years imprisonment.

Ta’zir for Spreading Innovations (Bid’ah) Article 27: (1) Those innovators who spread innovations through invitation socially or individually, and by this act cause harm to the life and property of the government and subjects or harm public security, the judge shall sentence them to ten years imprisonment.

Ta’zir for Deceptive Mufti, Fake Doctor, and Negligent Persons Article 28: (1) The judge is obligated to prevent a fake doctor, physician, and deceptive Mufti from their incorrect work. In case of repetition, he shall sentence them to one month imprisonment. (2) To those assigned scholars and teachers who do not strive in teaching essential obligatory rulings and essential correct beliefs to Muslims, and those students who are negligent in learning essential obligatory rulings and essential correct beliefs, the judge shall give Ta’zir according to the levels in Article 9 of this Code.

Ta’zir for Betraying Trust and the Treasury (Bayt al-Mal) Article 29: (1) A person who betrays trusts and delays payment is a criminal; the judge shall sentence him to imprisonment until the trust is fulfilled. (2) A person embezzling and betraying money and supplies of the Treasury is a criminal; the judge shall sentence him to six months imprisonment in addition to the restitution of the embezzled property.

Ta’zir for a Teacher or Instructor Beating Children Article 30: The judge shall punish a teacher or instructor by dismissal for beating a child such that his bone breaks, his skin tears, or blackness and bruising appear on the body.

Ta’zir for Beating Mother and Father Article 31: A person who beats his mother and father or dishonors them is a criminal. The judge shall sentence him to five months imprisonment in addition to thirty lashes.

Ta’zir for the Husband Article 32: If a husband beats his wife with egregious beating (breaking, wounding, or appearance of bruising on the body), and the wife proves her claim before the judge, the husband is a criminal. The judge shall sentence him to fifteen days imprisonment.

Ta’zir for Refusing Li’an Article 33: If a husband refuses to perform Li’an (mutual imprecation) with his wife, the judge shall sentence the husband to one year imprisonment for the purpose of belying himself or performing Li’an. If during the year he performs Li’an or belies himself, the judge shall issue his ruling accordingly.

Ta’zir for the Wife and Her Father Article 34: If a wife goes to her father’s or other relatives’ house repeatedly without her husband’s permission and without a Sharia cause and stays there, and despite the husband’s demand and the judge’s ruling, the wife’s father or other relatives do not surrender the wife to her husband, the wife and her hinderer are criminals. The judge shall sentence both to three months imprisonment.

Ta’zir for Father and Grandfather Article 35: (1) An ascendant (father, grandfather…) is not imprisoned for a debt owed to a descendant (son, grandson…), but in the case of not paying maintenance for a minor child, a disabled adult, an orphan, and an unmarried daughter, the judge shall sentence him to three months imprisonment. (2) A child who has no father or guardian is not imprisoned for consumption debt (Dayn Istihlak) even if he has land and equipment. However, regarding a child who has a father or guardian who prevents the payment of the child’s property for consumption debt, the judge shall sentence the father and guardian of the child to two months imprisonment.

Ta’zir for Addressing a Muslim as Fasiq, etc. Article 36: That person who calls another Muslim a sinner (Fasiq), wicked (Khabith), or infidel (Kafir), or tells someone “You fornicated with a cow or donkey,” or addresses someone as a donkey or pig; the person performing such acts is a criminal. The judge shall sentence him to one and a half months imprisonment.

Ta’zir for Having Illicit Relations with Non-Mahram Women Article 37: Any person who establishes an illicit relationship with a non-Mahram woman (kissing, touching, and embracing) shall be sentenced by the judge to one year imprisonment.

Ta’zir for Looking at Neighbors’ Women Article 38: Looking at neighbors’ women, gesturing to them, describing their body quality in words, and asking about their condition is a crime. The judge shall sentence the perpetrator to one month imprisonment.

Ta’zir for Causing Harm to a Neighbor Article 39: Causing harm to a neighbor (cursing him, throwing trash in front of his house, locking the house gate on him) and similar acts is a crime. The judge shall sentence the perpetrator to ten days imprisonment for the first time, and two months in case of repetition.

Ta’zir for Having Connection with Sinners Article 40: That person who is seen in places of ill-repute, sits with sinners, thieves, and wine-drinkers, or associates with them at the time of a crime; the judge shall sentence him to one month imprisonment, and in case of repeating the said crime, give double the penalty.

Ta’zir for Eating and Drinking Wine during Ramadan Article 41: (1) If a responsible (Mukallaf) Muslim intentionally eats (breaks fast) in the month of Ramadan without excuse, the judge shall sentence him to two months imprisonment in addition to twenty (20) lashes. (2) If a responsible Muslim drinks wine during the day in the month of Ramadan, the judge shall sentence him to twenty (20) lashes by way of Ta’zir, notwithstanding the application of Hadd.

Ta’zir for Kidnapper Article 42: (1) Kidnapping, whether of an adult or a child, whether for personal gain or to cause harm to the abducted, the judge shall sentence the kidnapper to ten years imprisonment. (2) If the kidnapper has killed the abducted person, he shall be sentenced to death by the court’s ruling.

Ta’zir for Smugglers Article 43: (3) If a person commits the crime of human trafficking, the judge shall sentence the smuggler to one year imprisonment for the first time, two years for the second time, and three years for the third time.

Ta’zir for Murderer Article 44: (1) The judge may sentence a murderer in intentional homicide to one year imprisonment after pardon if he is known for corruption. (2) The judge shall sentence the accomplice of a murderer in the crime of murder to one year imprisonment. (3) Intentional homicide is not proven by refusal to take an oath (Nukul). The judge shall sentence the accused of intentional homicide to one year imprisonment for the purpose of confession or oath. If he confesses or takes an oath during the year, the judge shall issue his ruling.

Ta’zir for Giving Intoxicants and Poison Article 45: (1) If a person gives another person intoxicants and takes away his property, he is a criminal. The judge shall sentence him to five years imprisonment in addition to guaranteeing the taken property. (2) If a person gives another person poison in a drink or food, and it causes his death after drinking or eating, said person is a criminal. The judge shall sentence him to five years imprisonment.

Ta’zir for Wounding Article 46: If a person wounds another such that Arsh (compensation for injury) becomes necessary, the judge shall sentence him to six months imprisonment for the purpose of revealing signs of repentance.

Ta’zir for One Known for Corruption Article 47: (1) If a person is accused and famous for theft, murder, and adultery, or is famous for destroying people’s lives, property, and animals, the judge shall sentence him to imprisonment for up to one year for the purpose of revealing signs of repentance. (2) Those criminals who repeatedly harm the life and property of the general public; this criminal deserves Ta’zir imprisonment. The judge shall extend the prison term until signs of repentance are seen on him. (3) The judge may sentence a thief to three months imprisonment after the application of Hadd for the purpose of repentance. (4) The thief mentioned in Clause (3) of this Article, if he steals a third time after Hadd has been applied twice, the judge shall not apply Hadd, but shall sentence him to five years imprisonment.

Ta’zir for the Purpose of Interest (Maslahah) Article 48: Ta’zir is also given without a crime for the sake of interest, such as a father disciplining his ten-year-old child for abandoning prayer and the like. However, Ta’zir must be given according to the levels in Article 9 of this Code.

Ta’zir for a Judge Article 49: (1) If a judge delays a judgment in a lawsuit after the conditions for judgment are complete, if this delay is without a Sharia excuse, he shall be sentenced to … days imprisonment in the nearest court. (2) If a judge issues a wrong judgment by way of joking and mockery, he shall be sentenced to three months imprisonment in another nearby court.

Ta’zir for Claimant and Defendant Article 50: If a claimant and defendant engage in a verbal or physical fight before the judge or in the court courtyard, their action warrants Ta’zir. The judge shall sentence the initiator of the fight to five days imprisonment and the opposing party to three days imprisonment.

Ta’zir for Confessing to the Falsehood of One’s Claim Article 51: If a claimant confesses to the falsehood of his claim in the presence of the judge, the judge shall sentence him to one month imprisonment.

Ta’zir for Making a False Claim Article 52: If the defendant proves that the claimant’s claim is false, the judge shall sentence the claimant to three months imprisonment in addition to taking the defendant’s damages.

Ta’zir for Giving False Testimony Article 53: Any person who gives false testimony is a criminal. The judge shall sentence him to forty lashes in addition to public shaming (Tash-hir).

Ta’zir for Disobeying and Rebelling against Final Judge’s Ruling Article 54: (1) A person who refuses to accept the final ruling of the judge contrary to principles is a criminal. The judge shall sentence him to one month imprisonment. (2) If a person does not appear before the judiciary despite the judge’s summons and his rebellion is proven to the judge, he is a criminal. The judge shall sentence him to one month imprisonment.

Ta’zir for Denying Another’s Maintenance Article 55: Any person upon whom another’s maintenance is incumbent, if he withholds it despite having the power to pay, is a criminal. The judge shall sentence him to one year imprisonment for the purpose of paying maintenance. If he pays the maintenance during the year, he shall release him.

Ta’zir for Personal Guarantor (Kafil bin-Nafs) Article 56: (1) A personal guarantor who does not present the guaranteed person (Makful anhu) at the appointed time is a criminal. The judge shall sentence him to three months imprisonment. (2) In Clause (1) of this Article, if the location of the absent guaranteed person is unknown, the guarantor is not obligated to present him. If it is known, the judge shall give the personal guarantor a grace period. If he fails to present him, he shall sentence him to three months imprisonment. (3) If a guarantor is imprisoned for a debt at the request of the beneficiary (Makful lahu), the judge shall sentence the principal debtor (Asil) to four months imprisonment at the request of the guarantor.

Ta’zir for Bribe Taker and Giver Article 57: (1) Both the bribe taker and giver are criminals. In addition to dismissal from duty, the judge shall sentence both to one year imprisonment. (2) The person who mediated between the bribe taker and giver, the judge shall sentence him to six months imprisonment.

Ta’zir for Female Apostate Article 58: The judge shall sentence a female apostate to life imprisonment and ten lashes every three days for the purpose of accepting Islam.

Ta’zir Regarding Dancing and Its Spectators Article 59: The dancer, boys, girls, and their spectators are criminals. The judge shall sentence each to two months imprisonment.

Ta’zir for Sodomite Article 60: Any person against whom sodomy is proven before a judge according to Sharia methods is a criminal. The judge shall sentence him to two years imprisonment. If sodomy was his habit, then with the permission of the Imam, he shall execute him.

Ta’zir for Destroyer of Public Property Article 61: A person destroying public property, recreational places, roads, and the like… is a criminal. The judge shall sentence him to two months imprisonment in addition to paying compensation.

Ta’zir for Sellers and Buyers of Human Organs Article 62: Selling and buying human organs, kidneys, hair, and the like is a crime. The judge shall sentence the seller and buyer to one year imprisonment.

Ta’zir for Entering Another’s Sanctuary Without Permission Article 63: If a person enters the sanctuary of another’s home or residence without the owner’s permission and without any Sharia interest, he is a criminal. The judge shall sentence him to two months imprisonment.

Ta’zir for Stealing from One Who Gave Permission Article 64: If someone enters another’s home or residence with permission and then steals, and this theft is proven against him, the judge shall sentence him to two years imprisonment in addition to guaranteeing the stolen property.

Ta’zir Regarding Group Theft Article 65: If a group steals someone’s property collectively but the thief of specific property is not identified, the judge shall sentence each of them to two years imprisonment.

Ta’zir for Gamblers Article 66: Gambling in all its types and forms is a Sharia crime. The judge shall sentence the gambler to four months imprisonment.

Ta’zir for Accuser Attributing Adultery Article 67: A person attributing adultery to the following persons is a criminal; the judge shall sentence him to two months imprisonment:

1. Child.

2. Insane person.

3. Infidel.

4. One who has received Hadd for adultery.

5. A woman who is Mula’anah bil-Walad (subject of Li’an regarding a child).

6. Women who have children but the father of their children is unknown.

Ta’zir for Causing Undue Distress to Criminal’s Family Article 68: If a person causes undue distress to a criminal’s family because of his crime, he is a criminal. The judge shall sentence him to three months imprisonment.

Ta’zir for Intentionally Freeing a Debtor Article 69: If a person intentionally and consciously frees another person’s debtor for the purpose of escape, he is a criminal. The judge shall sentence him to one month imprisonment.

Ta’zir for Animal Fighting Article 70: That person who makes animals (dogs, rams, sheep, etc.) or birds (roosters, partridges, quails) fight is a criminal. The judge shall sentence him to five months imprisonment.

Ta’zir for Hoarder Article 71: The judge is obligated to force the hoarder to sell the stored goods. In case of refusal, the hoarder is considered a criminal. The judge shall sentence him to one month imprisonment.

Ta’zir for Prisoner Article 72: (1) If a prisoner escapes from prison or attempts to escape, he is a criminal. The judge shall punish him with twenty lashes. (2) The judge may punish a prisoner for the sake of interest with solitary confinement for ten days.

Ta’zir for Refusing Oath in Qasamah Article 73: If a person refuses to swear in Qasamah (compurgation), the judge shall sentence him to one year imprisonment for the purpose of confessing or swearing. If he confesses or swears during the year, the judge shall issue his ruling.

Ta’zir for Usurper (Ghasib) Article 74: If a person usurps something from another and refuses to return it, he is a criminal. The judge shall sentence him to one year imprisonment even if he returns the usurped item to its original owner during the year.

Ta’zir for Guard Article 75: If an imprisoned debtor escapes from custody with the help of a guard and his recapture is not possible, the judge makes the guard the guarantor of the creditor’s debt.

Ta’zir for Evil Eye Caster (Naaziri/A’in) Article 76: The judge may prevent an evil eye caster from envy by advising him. In case of refusal, he shall punish him by house arrest for up to one year.

Penal Rulings on Buying and Selling Treasury Military Weapons and Equipment Article 77: (1) If one piece of any type of light weapon is found with a person during buying and selling without (a permit) and the weapon is proven to belong to the Treasury, the weapon shall be handed over to the Treasury and the perpetrator sentenced to one year imprisonment. (2) If the weapons mentioned in Clause (1) of this Article are more than one piece, the weapons shall be handed over to the Treasury and the perpetrator given one year imprisonment for each piece. (3) If one piece of any type of heavy weapon or M4 is found during buying and selling and the weapon is proven to belong to the Treasury, the weapon shall be handed over to the Treasury and the perpetrator sentenced to two years imprisonment. (4) If the weapons mentioned in Clause (3) of this Article are more than one piece, the weapons shall be handed over to the Treasury and the perpetrator given two years imprisonment for each piece. (5) Those military equipment, ammunition, binoculars, radios, and other military devices found during buying and selling, if proven to belong to the Treasury, shall be handed over to the Treasury and the perpetrator sentenced to one year imprisonment. (6) If the equipment mentioned in Clause (5) of this Article are proven to be personal, in addition to destroying said equipment, the perpetrator shall be given the following Ta’zir penalty considering the value:

1. If the value of each type is from ten thousand (10,000) to fifty thousand (50,000): six months imprisonment.

2. From fifty thousand (50,000) to one hundred thousand (100,000): one year imprisonment.

3. More than one hundred thousand (100,000): one year imprisonment for every one hundred thousand (100,000), with a maximum imprisonment term of seven years, even if the value exceeds seven hundred thousand (700,000).

Penal Rulings on Buying and Selling Illegal Personal Weapons Article 78: (1) If one piece of illegal weapon is found with a person during buying and selling and said weapon is proven to be personal, the court shall, for the first time, in addition to destroying the weapon, sentence the perpetrator to six months imprisonment. In case of repetition, in addition to destruction, sentence the perpetrator to one year imprisonment. (2) If the weapons mentioned in Clause (1) of this Article are more than one piece, in addition to destroying the weapons, the perpetrator shall be given six months imprisonment for each piece. In case of repetition, in addition to destruction, he shall be sentenced to one year imprisonment. The maximum imprisonment term is seven years.

Penal Rulings Regarding Debtor Article 79: (1) If a debt is proven by witnesses or refusal to oath, and the creditor demands the imprisonment of the debtor, the judge shall give said debtor two months Ta’zir imprisonment. (2) If a debt is proven by confession, the judge orders the debtor to pay the debt. If the debtor does not ask for a respite and refuses to pay the debt, the judge shall give him three months Ta’zir imprisonment.

Ta’zir for Insolvent Debtor Article 80: (1) If the state of insolvency or solvency of the debtor becomes doubtful to the judge, the judge shall sentence the debtor to three months imprisonment to determine his state upon the creditor’s request. If he is rich, he shall imprison him for one year; if he does not pay, he shall extend the imprisonment for another year. If he is poor, he shall release him. (2) If the state of the debtor mentioned in Clause (1) of this Article is not determined within three months, the judge shall release the debtor. (3) That insolvent debtor who does not pay the debt to the creditor while he has a debt owed to a solvent person and does not demand it from him; the judge shall sentence him to four months imprisonment. If upon the insolvent’s request, the solvent debtor is imprisoned, the insolvent is released from prison.

Rulings Regarding Creditor and Debtor Article 81: (1) If the debtor, after being imprisoned, tells the judge in the creditor’s absence that “I have paid the debt,” the judge may release said debtor pending the delivery of property or by taking a guarantor for the person or property. (2) If the judge imprisons a debtor at a person’s request and said person disappears, and the debtor is proven insolvent to the judge after inquiry, he may release the debtor on bail. (3) Beating the debtor, putting shackles on him, tying him, insulting him, and making him stand as humiliation before the right-holder is forbidden, even if in prison. However, if there is fear of his escape, tying and shackles may be done. (4) Preventing lawful visits of relatives and neighbors to the debtor in prison is forbidden, but permission for free assembly is not given. (5) If a creditor dies and has adult and minor children, if the judge had imprisoned the debtor at the request of the adult son, and said adult son requests his release without obtaining the debt, the judge shall not release said debtor until he has taken a guarantee from him for the payment of the minor children’s right. (6) To pay the imprisoned debtor’s debt, the judge may first sell the debtor’s movable property. If the debt is not satisfied, then later sell the land and house. (7) If the creditor says the debtor is rich, and the debtor says “I am poor,” whichever proves his claim with witnesses, his witnesses are accepted. If both have witnesses, the creditor’s witnesses are valid.

CHAPTER TWO: PENAL RULINGS FOR FORGERS AND FALSIFIERS OF DOCUMENTS, CORRUPTERS OF GOODS, AND THOSE OPERATING WITHOUT PERMITS

This chapter consists of two sections:

• Section One: Penal Rulings for Perpetrators of Forgery and Falsification in Documents.

• Section Two: Penalties for Perpetrators of Corruption in Goods and Forgery and Falsification in Their Documents.

SECTION ONE: PENAL RULINGS FOR PERPETRATORS OF FORGERY AND FALSIFICATION IN DOCUMENTS

Rulings for Perpetrator of Forgery and Falsification in Decrees, Rulings, Instructions, Approvals, and Court Decisions Article 82: (1) If anyone forges and falsifies the following documents, he shall be sentenced to three years imprisonment:

1. Decree, ruling, or instruction of the Supreme Leader, Amir al-Mu’minin (May Allah Protect Him).

2. Ruling of the Prime Minister.

3. Ruling of the Chief Justice.

4. Approval of the Council of Ministers.

5. Decision and ruling of the court. (2) The perpetrator of forgery and falsification of signatures of persons and seals of administrations listed in Clause (1) of this Article shall also be sentenced to three years imprisonment. (3) Anyone who uses one of the forged documents listed in Clause (1) of this Article while knowing it is forged shall be sentenced to two years imprisonment. (4) If the perpetrator of crimes listed in Clauses (1, 2) and (3) of this Article commits said crime repeatedly and repetition is proven, two years imprisonment shall be added to the principal imprisonment. (5) If the perpetrator of crimes listed in Clauses (1, 2) and (3) of this Article is an employee of Emirate administrations, two years imprisonment shall be added to the principal imprisonment.

Rulings for Perpetrator of Forgery and Falsification in Letter, Signature, and Seal of Officials Article 83: (1) If anyone forges and falsifies the letter and seal of Emirate administrations related to the following officials and the signature of said officials, he shall be sentenced to one and a half years imprisonment:

1. Deputies of the Prime Minister.

2. Ministers of Ministries.

3. Heads of Large Directorates with independent formation and budget.

4. Governors of Provinces.

5. Police Commanders of Provinces. (2) If a person forges and falsifies the letter and seal of Emirate administrations related to the following officials and the signature of said officials, he shall be sentenced to one year imprisonment:

6. Deputy Ministers.

7. Heads related to the Supreme Court.

8. Deputies of Large Directorates with independent formation and budget. (3) Anyone who uses one of the items listed in Clause (1) of this Article knowing it is forged shall be sentenced to one year and six months imprisonment. (4) Anyone who uses one of the items listed in Clause (2) of this Article knowing it is forged shall be sentenced to one year imprisonment. (5) If the perpetrator of crimes listed in Clauses (1) and (2) of this Article commits said crime repeatedly and repetition is proven, six months imprisonment shall be added to the principal imprisonment. (6) If the perpetrator of crimes listed in Clauses (1, 2) of this Article is an employee of Emirate administrations, six months imprisonment shall be added to the principal imprisonment.

Rulings for Perpetrator of Forgery and Falsification in Letter, Signature, or Seal of Directors, District Governors, and District Police Commanders Article 84: (1) If a person forges and falsifies the letter and seal of Emirate administrations related to the following officials and the signature of said officials, he shall be sentenced to eight months imprisonment:

1. Directors of Ministries and Emirate administrations.

2. District Governors.

3. District Police Commanders. (2) Anyone who uses one of the items listed in Clause (1) of this Article knowing it is forged shall be sentenced to six months imprisonment. (3) If the perpetrator of crimes listed in Clauses (1) and (2) of this Article commits said crime repeatedly and repetition is proven, three months imprisonment shall be added to the principal imprisonment. (4) If the perpetrator of crimes listed in Clauses (1, 2) of this Article is an employee of Emirate administrations, three months imprisonment shall be added to the principal imprisonment.

Rulings for Perpetrator of Forgery and Falsification in Deeds and Emirate Documents Article 85: (1) The forger and falsifier of deeds related to the courts of the Islamic Emirate of Afghanistan is sentenced to three years imprisonment. (2) The user of deeds listed in Clause (1) of this Article with knowledge of their forgery and falsification is sentenced to two years imprisonment. (3) The forger and falsifier of documents and seals of other official and Emirate administrations except for persons and administrations listed in Clauses (1, 2) of this Article and Articles 82, 83, and 84 of this Code, and signatures of officials of said administrations, documents of Madrasas, schools, and banks, is sentenced to two years imprisonment. (4) The user of said items with knowledge of the forgery and falsification of documents listed in Clause (3) of this Article is sentenced to one year and six months imprisonment. (5) If the perpetrator of crimes listed in Clause (3) of this Article commits said crime repeatedly and repetition is proven, six months imprisonment shall be added to the principal imprisonment. (6) If the perpetrator of crimes listed in Clause (3) of this Article is an employee of an Emirate administration, six months imprisonment shall be added to the principal imprisonment.

Rulings for Perpetrator of Forgery and Falsification in Documents of Private and Non-Governmental Public Utility Administrations Article 86: (1) The forger and falsifier of documents of private and non-governmental public utility administrations shall be sentenced to six months imprisonment. (2) If the perpetrator of the crime listed in Clause (1) of this Article commits said crime repeatedly and repetition is proven, three months imprisonment shall be added to the principal imprisonment.

Rulings for Perpetrator of Forgery and Falsification in Title Deeds, Deeds, and Banknotes Article 87: (1) A person who falsifies a title deed or deed or uses a falsified title deed and deed with knowledge of its falsification is a criminal. The judge shall sentence him to three years imprisonment. (2) A person who prints fake banknotes or circulates them in the market is a criminal. The judge shall sentence the printer to two years and the circulator to one year imprisonment.

Rulings for Perpetrator of Forgery and Falsification in Industry, Trademarks, and Other Goods Article 88: (1) If someone copies the industry of an item, creates a book, composition, car, or such other thing, by virtue of precedence and its commercial benefit, the right belongs to the first maker. Those trademarks and names registered with the government belong by custom to the registrant. The person infringing on their rights and the deceiver is a criminal. The judge shall sentence him to three months imprisonment. (2) Mixing bad goods with good goods or selling a bad item as a good item is a crime. The judge shall sentence the perpetrator to one year imprisonment. (3) Selling low-quality medicine under the name and packaging of good medicine, or stamping a new date on expired drugs is a crime. The judge shall, in addition to destroying the medicine, sentence the perpetrator to one year imprisonment. (4) A cheat and one who gives short weight and measure is a criminal. The judge shall sentence him to one month imprisonment. (5) A person selling abominable (Makruh) things like raw or cooked stinking meat is a criminal. The judge shall sentence him to ten days imprisonment. (6) If a person sells meat of forbidden animals and birds, or dead meat of lawful animals and birds, raw or cooked, or gives it to people without sale, the judge shall, in addition to beating and mild public shaming, sentence him to one year imprisonment.

SECTION TWO: PENALTIES FOR PERPETRATORS OF CORRUPTION IN GOODS AND FORGERY AND FALSIFICATION IN THEIR DOCUMENTS

Punishments for Importers and Producers of Low-Quality Imported and Produced Food Items Article 89: (1) Producers or importers of food items lacking standard quality shall be sentenced by the judge to the following punishments:

1. If from one (1) to ninety (90) tons are produced or imported with an ordinary quality violation, and after the first violation a warning has been given to the violator by the relevant administration, in case of a second violation, the violator’s license shall be suspended for up to two months.

2. If for the first time from ninety (90) to one hundred (100) tons are produced or imported with an ordinary violation, the violator’s license shall be suspended for up to two months.

3. If more than one hundred (100) tons are produced or imported with an ordinary quality violation, the suspension of the violator’s license shall be increased by one month for every one hundred (100) tons.

4. In case of repeating the violation listed in Items 2 and 3 of this Clause, the license suspension period shall be increased by half of the original period. (2) If the produced and imported item is established and identified as having a medium quality violation, the producer and importer shall be sentenced to the following punishments:

5. If the goods mentioned in this Clause are produced or imported from one to one hundred tons with a medium quality violation, the violator’s license shall be suspended by the court for up to two months and the violator sentenced to imprisonment for the same period.

6. If the goods mentioned in this Clause are produced or imported in excess of one hundred (100) tons with a medium quality violation, the license suspension and imprisonment of the violator shall be increased by one month each for every one hundred (100) tons.

7. In case of repeating the violation listed in Items 1 and 2 of this Clause, the license suspension and imprisonment of the violator shall be increased by half of the original penalty. (3) If the produced and imported item is established and identified as having a severe quality violation, the producer and importer shall be sentenced to the following punishments:

8. If the goods mentioned in this Clause are produced or imported from one to one hundred (100) tons with a severe quality violation, the violator’s license shall be suspended by the court for up to 6 months and the violator also sentenced to imprisonment for the same period.

9. If the goods mentioned in this Clause are produced or imported in excess of one hundred (100) tons with a severe quality violation, the license suspension and imprisonment of the violator shall be increased by two months each for every one hundred (100) tons. (4) In case of repeating the violation listed in Items 1 and 2 of this Clause, the license suspension and imprisonment of the violator shall be increased by half of the original penalty.

Penalties Regarding Importing Food Products, Medicine, or Health Products Without License or Official Permit Article 90: (1) If companies or individuals import food, medicine, or health products from official and unofficial routes or smuggle them without a license or official permit and are discovered and arrested by relevant administrations, their said items shall be destroyed by court order and the violators given one year imprisonment. (2) If a traveler comes to Afghanistan from outside via land or air transport and transfers medicine and health products to Afghanistan for trade purposes without a doctor’s prescription and personal need, the relevant items shall be destroyed by court order and a written undertaking not to repeat this illegal activity taken from him. (3) The violator of the undertaking mentioned in Clause (2) of this Article shall be given three months imprisonment, and in case of repetition, double the past imprisonment.

Ta’zir Regarding Violations of Importing Companies Article 91: (1) If a company importing medicine and health products engages in importing and supplying medicine and health products to the market without permission from official and unofficial routes, the following Ta’zir punishment shall be given:

1. First time: The said medicine and health products shall be destroyed by court order and the activity of the pharmaceutical center suspended for one month.

2. Second time: The medicine and health products shall be destroyed by court order and the activity of the pharmaceutical center suspended for three months.

3. In case of repetition, the said violator shall be given double the penalty listed in Item 2, Clause (1) of this Article. (2) If medicine and health product items are found in a shipment arriving at customs for which documents do not exist, the relevant goods shall be destroyed by court order and the violator given one year imprisonment. (3) If a company importing medicine and health products engages in importing and supplying medicine and health products to the market whose registration phase has not been completed in the Ministries of Public Health or Agriculture, Irrigation, and Livestock, the following Ta’zir punishments shall be given:

4. In the first time, the violator shall be advised with harsh words and a written undertaking not to repeat this illegal activity taken from him.

5. In the second time, the activity of the pharmaceutical center shall be suspended for one month.

6. In case of repetition, the relevant imported items shall be destroyed by court order. (4) If a company importing food, medicine, and health products removes or sells goods stored in its standard warehouses from its warehouses before the arrival of quality determination results from the Ministry of Public Health or Agriculture, the following Ta’zir punishments shall be given:

7. In the first time, the sold goods related to the violator shall be collected from the market and destroyed by court order.

8. In the second time, the activity of the pharmaceutical center shall be suspended for one month.

9. In case of repetition, the activity of the pharmaceutical center shall be stopped permanently. (5) If a medicine importing company fails to take action to import Orphan drugs to Afghanistan according to the previous schedule for which an import order was given by the Ministry of Public Health, the following Ta’zir punishments shall be given:

10. In the first time, its activity shall be suspended for one month.

11. In case of repetition, double the past penalty shall be given. (6) If a medicine importing company does not import the certificate registered in the Ministries of Public Health and Agriculture, Irrigation, and Livestock within the determined time, the following punishments shall be given:

12. In the first time, the said company shall be deprived of registering the same medicine item for one year.

13. In the second time, it shall be deprived of registering the same medicine item for two years.

14. In the third time, the registration certificate of the same medicine item shall be canceled. (7) If a production factory, importing company, wholesaler, and pharmacy of medicine and health products give percentages or other privileges to doctors for distributing imported medicine and health products for profit, the following Ta’zir punishments shall be given by court order:

15. In the first time, the activity of the production factory, importing company, wholesaler, and pharmacy shall be suspended for one month.

16. In the second time, the activity of the production factory, importing company, wholesaler, and pharmacy shall be suspended for three months.

17. In the third time, the responsible person of the production factory, importing company, wholesaler, and pharmacy shall be given three months imprisonment.

18. In case of repetition, the last penalty shall be given double. (8) If a doctor receives a percentage or other privileges from production factories, companies, wholesalers, and importing pharmacies, the following Ta’zir punishments shall be given by court order:

19. In the first time, a written undertaking regarding non-repetition shall be taken from him.

20. In the second time, his clinic and medical activity shall be suspended for three months and the said matter sent to the Ministry of Public Health for necessary official actions.

21. In the third time, his activity license shall be revoked and he shall be banned from working in the health sector permanently. (9) If holders of food and pharmaceutical facility licenses use non-standard transport means to transfer food, medicine, and health products and store them in non-standard storages, the following Ta’zir punishments shall be given by court order:

22. In the first time, a written undertaking regarding non-repetition shall be taken from him.

23. In the second time, his activity shall be suspended for one month.

24. In case of repetition, the last penalty shall be given double. (10) If persons without a license use non-standard transport means to transfer food, medicine, and health products and store them in non-standard storages, the following Ta’zir punishments shall be given by court order:

25. In the first time, the said goods shall be destroyed.

26. In the second time, in addition to destroying the said goods, the violator shall be given one month imprisonment.

27. In case of repetition, the last penalty shall be given double. (11) If a transport company or person transports food, medicine, and health products for which the importer does not have, in addition to an official trade license, an import permit from the Ministry of Agriculture, Irrigation, and Livestock for food and an import permit from the Ministry of Public Health for medicine and health products, the said act constitutes smuggling. The perpetrator shall be punished by the judge’s ruling in the following order:

28. In the first time, the goods shall be destroyed and the vehicle involved in the said smuggling given a one-month suspension.

29. In the second time, in addition to destroying the said goods, the vehicle involved in smuggling shall be stopped for two months and the perpetrator given one month imprisonment.

30. In the third time, in addition to destroying the said goods, the vehicle involved in smuggling shall be stopped for three months and the perpetrator given two months imprisonment. (12) If airport and aircraft staff (pilot, engineer, and crew) import food, medicine, and health products for commercial purposes in a second instance, relevant officials shall refer them to court, and the judge shall punish the perpetrator in the following order:

31. The said goods, medicine, and health products shall be destroyed.

32. In case of repetition, he shall be sentenced to one year imprisonment. (13) Domestic and foreign institutions providing health services shall be sentenced by the judge to Ta’zir punishments in the following cases, considering the circumstances:

33. If they do not purchase food, medicine, and health products from domestic production factories, importing companies, and wholesalers according to Islamic Emirate principles.

34. If they do not register the license for food, medicine, and health products in the Ministries of Public Health or Agriculture, Irrigation, and Livestock before importing.

35. If they do not share analysis and evaluation certificates for each batch number and shipment of those food, medicine, and health products whose quantity and quality analysis and evaluation is not possible in Afghanistan from the manufacturing factory with the Ministry of Public Health.

36. If they do not obtain products produced by domestic factories and other needed food, medicine, and health products from domestic markets.

37. If, in case needed food, medicine, and health products are not accessible in Afghanistan, they do not import relevant products from reputable foreign factories that have received certificates from the World Health Organization.

38. If, during importing food, medicine, and health products, they do not consider 2/3 of the shelf life (expiry date) of the relevant goods.

39. If, during importing food, medicine, and health products, they do not observe all regulatory documents of the Ministries of Public Health and Agriculture, Irrigation, and Livestock.

40. If, after the arrival of food, medicine, and health products, they do not hand over all relevant original documents to Customs and the Ministry of Public Health.

41. If they do not regularly follow up the subject of document processing with relevant administrations.

42. If they do not store food, medicine, and health products in standard storages.

43. If they do not use standard transport means during the transfer of medicine and health goods.

44. In case of a second violation, the medicine and health products shall be destroyed by court order.

45. In case of repetition, their activity license shall be revoked. (14) If a person imports goods under the name of traditional medicine (Unani) for commercial purposes without a permit to import medicine and health products or for treatment purposes without a physician’s prescription from official and unofficial routes to Afghanistan, the said act constitutes smuggling. Relevant officials shall refer him to court, and the judge shall issue a ruling to destroy the goods of said importer for treatment purposes, and punish the said importer for trade purposes as follows:

46. Destroying the goods.

47. Sentencing to thirty-nine lashes and two years imprisonment.

48. Giving a three-month stop to the vehicle involved in the said smuggling. (15) The judge shall punish the smuggler of prohibited food, medicine, and health products as follows:

49. Destroying the said goods, medicine, and health products.

50. Sentencing the smuggler, in addition to thirty-nine lashes, to two years imprisonment.

51. Giving a three-month stop to the vehicle involved in the said smuggling. (16) If officials, employees of Emirate administrations, and all those persons who are somehow connected with Emirate administrations help or guide the smuggler in smuggling, after finding evidentiary proofs, they shall be dismissed from duties and sentenced to the smuggler’s punishments.

Ta’zir Rulings for Smuggling Group Article 92: (1) If the act of smuggling is through a network (organized group), the head of the network (organized group) shall be sentenced to ten years imprisonment. (2) Those smugglers of the network (organized group) who offer armed resistance during arrest and as a result no harm is caused to anyone shall be given the following penalty:

1. Destroying the relevant goods by court order.

2. Sentencing each member of the network to 10 years imprisonment.

Punishments for Perpetrators of Forgery and Falsification in Matters Related to Standards and Quality Article 93: (1) The judge shall punish the perpetrator of forgery and falsification in matters related to standards and quality as follows:

1. If a person detaches the number plate from a transport vehicle in which goods of established quality are loaded and attaches it to another transport vehicle and loads and transports low-quality goods in it, said person: six months imprisonment, and in case of repetition, nine months imprisonment.

2. Maker of a forged letter such as an official letter belonging to the Standards and Quality Authority: nine months imprisonment, and in case of repetition, thirteen and a half months imprisonment.

3. Manipulator of an official letter of the Standards and Quality Authority: six months imprisonment, and in case of repetition, nine months imprisonment.

4. User of the quality and standard mark without an official license from the Standards and Quality Authority falsely in his products and services: six months imprisonment, and in case of repetition, nine months imprisonment.

5. User of a quality certificate for importer or producer products without an official license from the Authority falsely in his products and services: nine months imprisonment, and in case of repetition, thirteen and a half months imprisonment.

6. User of a quality determination license for products without an official license from the Standards and Quality Authority falsely in his affairs: six months imprisonment, and in case of repetition, nine months imprisonment.

7. Forger of the information label (label) of the Standards and Quality Authority: six months imprisonment, and in case of repetition, nine months imprisonment.

8. Forger of the accreditation of the Standards and Quality Authority which specifies the person’s ability and competence in specific activities: four months imprisonment, and in case of repetition, six months imprisonment.

9. User of envelopes for sending official letters related to the Standards and Quality Authority falsely: two months imprisonment, and in case of repetition, three months imprisonment.

10. User of the seal of any branch or source of the Standards and Quality Authority with falsification: one year imprisonment, and in case of repetition, eighteen months imprisonment.

11. If the seal of a branch of the Standards and Quality Authority is used by another employee without the responsible person’s permission, the user, in addition to dismissal from duty, shall be sentenced to six months imprisonment.

12. If a person draws the signature of the General Director, Deputies, Technical Directors, and Managers of the Standards and Quality Authority in documents related to standards and quality with falsification: two years imprisonment, and in case of repetition, thirty months imprisonment.

13. Person bribing an employee of the Standards and Quality Authority to perform unprincipled work: twelve months imprisonment, and in case of repetition, said person eighteen months imprisonment.

14. Employee of the Standards and Quality Authority receiving a bribe: dismissal from duty and twelve months imprisonment.

15. Employee or person of the Standards and Quality Authority acting as a means between the briber and bribe-taker: eighteen months imprisonment, and in case of repetition, twenty-four months imprisonment.

16. If a person establishes contact with companies and individuals as a spokesperson, liaison, or representative without the authority’s approval: three months imprisonment, and in case of repetition, four and a half months imprisonment.

17. Person creating fake web pages, websites, emails, and ID cards in the name of the Standards and Quality Authority: two years, and users: one year imprisonment; in case of repetition for each, half of the imprisonment shall be added to the principal imprisonment.

18. If a person delivers a low-quality item instead of a high-quality item to a buyer or owner of high-quality goods with the document received from the Standards and Quality Authority: said person one year imprisonment, and in case of repetition, eighteen months imprisonment. (2) If a shopkeeper, person, company, or printing press makes items of the Standards and Quality Authority with forgery, they shall be punished as follows:

19. Maker of quality and standard mark with forgery: twelve months imprisonment, and in case of repetition, eighteen months imprisonment.

20. Maker of certificate with forgery: eighteen months imprisonment, and in case of repetition, twenty-seven months imprisonment.

21. Maker of determination license with forgery: twelve months imprisonment, and in case of repetition, eighteen months imprisonment.

22. Maker of label with forgery: twelve months imprisonment, and in case of repetition, eighteen months imprisonment.

23. Maker of accreditation with forgery: eight months imprisonment, and in case of repetition, twelve months imprisonment.

24. Maker of envelopes for sending official letters with forgery: four months imprisonment, and in case of repetition, six months imprisonment.

25. Maker of the seal of any branch or source with forgery: two years imprisonment, and in case of repetition, thirty-six months imprisonment.

CHAPTER THREE: PENALTIES RELATED TO CULTIVATION, TRADE, AND TRANSPORT OF NARCOTICS

This chapter consists of the following five sections:

• Section One: Penalties related to Poppy and Hemp (Bang).

• Section Two: Transporting Opium, Hashish, and other Narcotics from abroad to Afghanistan.

• Section Three: Penalties related to Selling and Using Narcotics.

• Section Four: Rulings related to various Narcotics.

• Section Five: Miscellaneous Rulings related to Narcotics.

SECTION ONE: PENALTIES RELATED TO POPPY AND HEMP

Punishments Related to Cultivation of Poppy and Hemp Article 94: (1) Any person who cultivates poppy and hemp, the judge, based on the size of cultivation, in addition to destroying the cultivation, shall give the following Ta’zir punishments:

1. If the cultivation size is less than half a Jerib: six months imprisonment.

2. If the cultivation size is half a Jerib: nine months imprisonment.

3. If the cultivation size is more than half a Jerib: one year imprisonment.

4. If the cultivation size is more than one Jerib: for every additional Jerib six months imprisonment, and for every additional Biswa (unit of area) ten days imprisonment; the maximum imprisonment term is seven years. (2) The cultivator of poppy and hemp, whether land owner, leaseholder, farmer, laborer, or partner, are all subject to the rulings mentioned in Clause (1) of this Article, and imprisonment is given according to the mentioned order.

Punishments for Transporter of Opium and Hashish in Afghanistan Article 95: (1) Any person who transports hashish (Chars) or opium in Afghanistan, the judge, based on the size of hashish or opium, shall give the transporter the following Ta’zir punishments:

1. If the weight of seized hashish and opium is less than one kilogram: one year imprisonment.

2. If the weight of seized hashish and opium is one kilogram or more up to five kilograms: two years imprisonment.

3. If the weight of seized hashish and opium is more than five kilograms up to thirty kilograms: three years imprisonment.

4. If the weight of seized hashish and opium is more than thirty kilograms: with every twenty kilograms increase, one year imprisonment; however, the maximum imprisonment term shall be seven years. (2) The transporter of opium and hashish, whether owner, partner, or renter of said goods, are all subject to the rulings mentioned in Clause (1) of this Article and imprisonment is given according to the mentioned order.

Alteration in Hashish and Opium After Seizure Article 96: If an alteration occurs in hashish and opium after seizure or a shortage occurs in its weight (reduced by someone or exchanged), the accused of said matter shall be referred to the relevant court and sentenced to the following punishments:

1. If he altered or reduced less than one kilogram in the seized hashish and opium: one year imprisonment.

2. If he altered or reduced more than one kilogram up to five kilograms in the seized hashish and opium: two years imprisonment.

3. If he altered or reduced more than five kilograms up to thirty kilograms in the seized hashish and opium: three years imprisonment.

4. If he altered or reduced more than thirty kilograms in the seized hashish and opium: with every ten kilograms increase, one year imprisonment increases; however, the maximum imprisonment term shall be seven years.

Punishments for Transporter of Paste (Biist?) Made from Opium in Afghanistan Article 97: If a person transports paste (Biist) from one place to another inside Afghanistan, considering the weight of said materials, he shall be sentenced to the following punishments:

1. If the weight of seized paste is one kilogram or less than one kilogram: the transporter is given two years imprisonment.

2. If the weight of seized paste is more than one kilogram up to five kilograms: the transporter is given three years imprisonment.

3. If the weight of seized paste is more than five kilograms up to ten kilograms: the transporter is given four years imprisonment.

4. If the weight of seized paste is more than ten kilograms: with every two kilograms weight increase, one year detention increases; however, the maximum imprisonment term shall be seven years.

Alteration of Seized Paste After Seizure Article 98: If paste is exchanged or a shortage occurs in its weight after seizure (reduced by someone or exchanged), the accused of said subject shall be referred to the relevant court and sentenced to the following punishments:

1. If he reduced or exchanged up to one kilo of seized paste: the perpetrator is given two years imprisonment.

2. If he reduced or exchanged more than one kilogram up to five kilograms of seized paste: the perpetrator is given three years imprisonment.

3. If he reduced or exchanged more than five kilos up to ten kilograms of seized paste: the perpetrator is given four years imprisonment.

4. If he reduced more than ten kilograms of seized paste: with every two kilograms increase, one year detention increases on it; however, the maximum imprisonment term shall be seven years.

SECTION TWO: TRANSPORTING OPIUM, HASHISH, AND OTHER NARCOTICS FROM ABROAD TO AFGHANISTAN

Punishments for Transporter of Opium and Hashish from Abroad Article 99: If a person transports hashish or opium from abroad to Afghanistan, considering the weight of transported hashish or opium, he shall be sentenced to the following punishments:

1. If the weight of transported hashish or opium is less than one kilogram: the transporter is given one year imprisonment.

2. If it is more than the mentioned one kilogram up to five kilograms: the transporter is given two years imprisonment.

3. If the weight of transported hashish or opium is more than five kilograms up to thirty kilograms: the transporter is given three years imprisonment.

4. If the weight of transported hashish or opium is more than thirty kilograms: with every ten kilograms increase, one year imprisonment increases; however, the maximum imprisonment term shall be seven years.

Punishments for Transporter of Other Narcotics Besides Hashish and Opium to Afghanistan Article 100: The importer of narcotics Tramadol, Zicap, unlicensed Tablet K, Heroin, Wine, Glass (Methamphetamine), and similar items that have no license from abroad, considering the quantity of said materials, shall be sentenced to the following punishments:

1. If a person transports the three mentioned types of tablets from one tablet to ten tablets from a foreign country: six months imprisonment is given.

2. If a person transports more than ten tablets: for every excess of ten tablets, six months detention is added; however, the maximum imprisonment term shall be seven years.

SECTION THREE: PENALTIES RELATED TO SELLING AND USING NARCOTICS

Penalties for Seller (Dealer) of Narcotics Article 101: The seller of any type of narcotics: Heroin, Opium, Hashish, Tablet K, Wine, Tramadol 250 mg, Zicap, Glass, and similar items, considering the quantity of said materials, shall be sentenced to the following punishments:

1. If said materials up to five grams are found with him: one year imprisonment is given.

2. If more than five grams up to thirty grams are found with him: two years imprisonment is given.

3. If more than thirty grams up to one hundred grams are found with him: two and a half years imprisonment is given.

4. If more than one hundred grams are found with him: with every one hundred grams increase, six months imprisonment is added; however, the maximum imprisonment term shall be seven years.

Penalties for User of Narcotics Article 102: The judge, considering the condition of the narcotics user (addict), shall give six months imprisonment.

SECTION FOUR: RULINGS RELATED TO VARIOUS NARCOTICS

Penalties Related to F Article 103: To the transporter, seller, and buyer of F, considering the quantity of said goods, the following punishments are given:

1. If up to ten kilograms of F materials are found with a person: six months imprisonment is given.

2. If more than ten kilograms up to fifty kilograms of F materials are found with a person: one year imprisonment is given.

3. If more than fifty kilograms of F materials are found with a person: for every fifty kilograms, six months imprisonment is added; however, the maximum imprisonment term shall be seven years.

Punishments Related to Glass (Methamphetamine) Factory Article 104: (1) The owner and workers of a narcotics factory named Glass (Meth) are given one year imprisonment and his factory is destroyed. (2) The buyer, seller, keeper, and transporter of Glass, considering the quantity of said materials, are sentenced to the following punishments:

1. If less than one kilogram of Glass is found with a person: one year imprisonment is given.

2. If from one kilogram to five kilograms of Glass is found with a person: one and a half years imprisonment is given.

3. If more than five kilograms up to ten kilograms of Glass is found with a person: two years imprisonment is given.

4. If more than ten kilograms of Glass is found with a person: with every kilogram weight increase, six months imprisonment is added; however, the maximum imprisonment term shall be seven years.

Punishments Related to Wine Article 105: (1) The producer, seller, buyer, and transporter of wine, and that drinker for whom Hadd is waived, shall be sentenced to two years imprisonment and struck thirty-nine (39) lashes. (2) Wine seized in the state listed in Clause (1) of this Article shall be destroyed and transport means transporting wine shall be burned.

Penalties Related to Oman (Ephedra/Homa) Article 106: To the harvester, buyer, seller, bringer, and owner of an Oman factory, the following Ta’zir punishments are given:

1. To the harvester of Oman, in addition to burning Oman in fire: ten days imprisonment is given.

2. To the transporter of Oman: three months imprisonment is given.

3. To the owner and workers of an Oman factory: six months imprisonment is given and his factory is destroyed. If the factory was in a house, the Imam of the village mosque and the village elder together with assigned Mujahideen shall go to the house during the day and destroy the factory.

Penalties for Importers of Narcotics Acid Article 107: Any type of acid with which narcotics are made or mixed into narcotics, which is seized without a license, the transporter, considering the quantity of acid, is given the following punishments:

1. If from one liter to ten liters is found with someone: three months imprisonment is given.

2. If more than ten liters up to fifty liters is found with someone: six months imprisonment is given.

3. If more than fifty liters is found with someone: with every ten liters increase, three months imprisonment is added; however, the maximum imprisonment term shall be three years.

Punishments Related to That Medicine Mixed in Opium Article 108: (1) That medicine which is mixed in opium; to its bringer, seller, and buyer, considering the quantity of medicine, the following punishments are given:

1. If up to ten kilograms is found with someone: three months imprisonment is given.

2. If from ten kilograms up to fifty kilograms is found with someone: six months imprisonment is given. (2) If more than fifty kilograms is found with someone: for every ten kilograms, three months imprisonment is added; however, the maximum imprisonment term shall be three years.

SECTION FIVE: MISCELLANEOUS RULINGS RELATED TO NARCOTICS

Finality of Primary Court Ruling Article 109: The ruling of the Primary Court regarding narcotics punishments is final.

Penalty for Original Owner of Narcotics Article 110: The original owner of any type of narcotics is given the same amount of penalty as is given to the transporter, even if he is not with him during transport.

Destruction of Narcotics Article 111: Production, import, sale, transport, and use of narcotics are prohibited. Any narcotics seized must be destroyed in the presence of an assigned delegation.

Those Narcotics Imported in Small Quantities to Afghanistan Article 112: Except for mentioned narcotics, those narcotics imported in small quantities, if found with someone and the degree of intoxication is unknown to the judge; if it was in tablet form, its ruling is the ruling of Tablet K; if in solid form, its ruling is the ruling of Hashish; if in liquid material form, its ruling is the ruling of Acid; and if its degree was known to the judge, the penalty of that commodity which is in the degree of that object shall be given.

Penalty for Islamic Emirate Personnel Due to Narcotics Article 113: (1) If a person affiliated with the Islamic Emirate has cultivated hemp or opium or other narcotics are found with him, he shall be punished according to the punishments mentioned in this Code; weapons and equipment shall be taken from him and handed over to the Directorate of Verification, Registration, and Surveillance of the Treasury. (2) The person mentioned in Clause (1) of this Article, if caught in the said act for a second time, shall be expelled from the ranks of the Islamic Emirate.

Ruling of Those Narcotics for Which a License is Obtained Article 114: Those narcotics for which a license is obtained, the license holder is exempt from the punishments mentioned in this Code in case of possessing a valid license.

Penalty for Transporting Narcotics from Afghanistan to Foreign Countries Article 115: Any narcotics whose bringing into Afghanistan is a crime and warrants Ta’zir, taking it from Afghanistan to other countries is also a crime, and its perpetrator is given the same penalty as given to the bringer.

Penalty for Perpetrator in Case of Repeating Crime Article 116: To the perpetrator of a second time of mentioned crimes related to narcotics, the mentioned punishments are given double, and narcotics transport means are burned.

Drafting Procedures Article 117: The Supreme Court may draft procedures for the better implementation of the rulings of this Code.

Amendment or Repeal Article 118: (1) Amendment or repeal of the rulings of this Code, after passing through legislative stages, shall be presented to the presence of the Supreme Leader, Amir al-Mu’minin (May Allah Protect Him) for endorsement. (2) Amendment or repeal of rulings is done only with the approval of the Supreme Leader, Amir al-Mu’minin (May Allah Protect Him).

Enforcement Article 119: This Code is enforced from the date of endorsement and shall be published in the Official Gazette, and all those codes that have not been approved, sanctioned, or endorsed by the Supreme Leader, Amir al-Mu’minin, Sheikh al-Quran wa al-Hadith Mawlawi Hibatullah Akhundzada (May Allah Protect Him), are repealed.

[Arabic footnotes and Fiqh references of the original text are retained as references, but their original text is in Arabic and does not require Persian translation as they are Arabic Fiqh texts.]