The 90-page criminal code, recently obtained by the exiled Afghan human rights organisation Rawadari, permits husbands to physically discipline their wives and children provided the punishment does not result in “broken bones or open wounds,” according to campaigners familiar with the text.

Under the new provisions, a husband accused of what the code describes as “obscene force” — including visible fractures or other significant injuries — would face a maximum sentence of 15 days in prison. Prosecution would proceed only if the wife is able to prove the abuse in court.

The legislation also imposes new restrictions on women’s freedom of movement. Married women could face up to three months’ imprisonment for visiting relatives without the explicit permission of their husbands, the document states.

Human rights advocates say the language of the code frames wives as subordinate to their husbands, stripping away key legal safeguards introduced under the previous government, including the 2009 Law on the Elimination of Violence Against Women (EVAW).

In a statement, Rawadari warned that the code would “legitimise abuse, maltreatment, and punishment” of women and children, exposing them to continued domestic violence while limiting avenues for legal recourse.

The group said new restrictions on women’s ability to visit family members remove one of the few informal protections available in a country where formal legal remedies are scarce.

Rawadari called for the immediate suspension of the penal code’s implementation by Taliban courts and urged the international community, including the United Nations and other relevant bodies, to take coordinated action in response to the measures.