Former Afghan Supreme Court member says Taliban penal code violates Sharia principles

KABUL: Bahaduddin Baha, a former member of Afghanistan’s Supreme Court, has strongly criticized the Taliban’s penal code, stating that this document not only conflicts with the teachings of Islamic Sharia but also exposes Afghanistan to ridicule and criticism within the Islamic world. In an interview with Amu, he emphasized that the determination of what is lawful and unlawful has been handed over to humans, which, according to him, has no legitimate religious basis and contradicts Islamic principles. Mr. Baha warned that such an approach severely questions Afghanistan’s standing among Islamic countries, especially with provisions such as the beating of women and imprisoning individuals for changing their religion, which lack explicit references in the Quran and Hadith. He further stated that the Taliban’s penal code classifies society in a way that is incompatible with the spirit of justice in Islamic law. He believes that the disparity in punishments between influential individuals and ordinary citizens has no legitimate or rational justification. Baha also expressed concern over the use of terms like “slave” and “servant” in the text of the penal code, noting that slavery has effectively been abolished according to Islamic teachings. According to him, instead of addressing criticisms, the Taliban have threatened legal action against critics of this penal code. The Taliban’s penal code, structured into three parts, ten chapters, and 119 articles, has been ratified by the Taliban leader. Human rights organizations have warned that this document imposes severe penalties on ordinary citizens while granting immunity to influential individuals close to the Taliban.