More Than 400 People Punished Under Shari'a Law In Afghanistan, Rights Group Says

The most common punishment was flogging under a category of Shari’a law that includes discretionary punishments not specified in religious texts. (illustrative file photo)

Afghanistan's Taliban-led government announced punishments handed out to 417 people under Shari’a law during a recent 12-month period, according to a report issued this week by Afghan Witness, an organization that monitors human rights abuses in Afghanistan.

Afghan Witness collected the data by reviewing the announcements of Shari’a punishments posted on the website of the Taliban-led Supreme Court. The announcements, which were also were published on X, formerly Twitter, have been made public since the Taliban’s Supreme Leader Mullah Hebatullah Akhundzada announced the return of Shari’a punishments in mid-November 2022.

Akhundzada had previously ordered a return to Islamic retribution and corporal punishments shortly after the Taliban returned to power in Afghanistan in August 2021.

Afghan Witness said in a statement on November 29 that it looked at punishments meted out between October 26, 2022 and October 26, 2023, and found 71 announcements handed down to 417 individuals.

It said this included nine “Qisas punishments” during the period, including two that resulted in the execution of alleged murderers, while the remaining seven were pardoned.

Qisas punishments are for offenses seen as violations of the boundaries set by God such as murder, theft, and adultery. Convicts can be executed, flogged, stoned to death, or have limbs amputated.

Afghan Witness said it has yet to record any stonings or amputations, but it said its sources in Afghanistan say there are stoning punishments awaiting approval by Akhundzada.

The most common punishment was flogging under a category of Shari’a law that includes discretionary punishments not specified in religious texts.

The report said the punishments occurred in 22 of Afghanistan's 34 provinces from October 2022 through September 2023. A gender breakdown of the punished indicates that 220 men were punished compared with 57 women.

The organization also noted that while the sentences are often referred to as “public punishments,” their public nature is often limited.

“Although these punishments are carried out with an audience, including Taliban officials and citizens, they are often fulfilled behind closed doors, or under significant publication restrictions,” Afghan Witness said, adding that this leaves little visual evidence of the punishments being carried out.

The Taliban has framed its implementation of Shari’a punishments as “fair, righteous and desired by Afghanistan’s citizens” and claimed that the punishments act as a deterrent, Afghan Witness said.

After seizing power in August 2021 as U.S-led international forces withdrew from the country, the Taliban dismantled Afghanistan’s judicial system, suspended or scrapped all laws, and replaced judges, prosecutors, and lawyers.

Afghan Witness is a project to independently collect, preserve, and verify information on the human rights, security, and political situation in Afghanistan, according to its website.

The organization aims to provide a reliable source of information for international organizations, policymakers, and the media, and to “raise awareness of the reality of everyday life for Afghans living in the country.”