Taliban’s new vice and virtue law targets women, minorities, and media

On 21 August 2024, the Taliban’s Ministry of Justice (MoJ) announced the publication of the Propagation of Virtue and Prevention of Vice (PVPV) Law in the Ministry’s Official Gazette. The law was reportedly published on 31 July 2024 after being ratified by the Taliban’s Supreme Leader Hibatullah Akhundzada. This marks the first time that the Taliban have ratified a law on their measures related to the PVPV; AW note that in 2001 the Taliban approved a similar collection of regulations, however this was never enshrined in law. 

The new law contains a preface, four chapters, and 35 articles. The first chapter concerns conditions, etiquette, and principles related to the propagation of virtue and the prevention of vice, the ombudsmen from the Ministry for the Propagation of Virtue and Prevention of Vice (MoPVPV) responsible for implementing the law, and those to whom the law applies. The second chapter explains the duties and responsibilities of ombudsmen. The third chapter describes the kinds of punishments that ombudsmen can dispense, and the fourth chapter contains miscellaneous rulings. 

Although the law outlines severe restrictions and punishments, with some degree of ambiguity regarding the application of punishments, certain articles appear to attempt to curb the power of ombudsmen to prevent abuse. 

For example, Article 9 outlines the expected qualifications of an ombudsman. These include kindness, forbearance and patience, sincerity, and a sense of justice. Article 10 mentions several principles and conditions related to the propagation of virtue and the prevention of vice, as well as expectations for the ombudsmen; these include respecting people’s dignity and treating them well. This article also forbids investigating people’s private or unseen sins, and prohibits entering people’s houses except in cases allowed by the Islamic Sharia. 

The law states that it is based on Hanafi jurisprudence and applies to “all offices, public places and people residing in the territory of Afghanistan.” References to religious texts have been footnoted throughout the law to justify its rulings and punishments.

Rulings related to women

The hijab

The preface contains a glossary of terms, defining the hijab as follows: “Clothing that covers a woman's whole body and face from non-mahrams; they must not be thin, short and tight.” 

Article 13 consists of rulings related to the hijab. This article makes it mandatory for women to cover their whole body and face. It states: “Whenever an adult woman goes out of necessity, she is obliged to cover her voice, face and body.” Adding: “It is necessary to hide a woman’s face due to the fear of [male] temptation”. It also states: “The voice of women (singing aloud songs, Na’ats [poetry in praise of Prophet Mohammad] and recitation in a gathering) is awrah [intimate body parts that must be covered].” 

Additionally, Article 13 states: “Muslim and righteous women must cover themselves from unbelievers and immoral women for fear of sedition.” It also forbids adult, and unrelated men, from looking at women’s faces and bodies, and forbids women from looking at unrelated men. AW assess that this article has the potential to make women and girls responsible for sexual and gender-based violence committed against them. 

It is noteworthy that the article does not make any exceptions, even in emergencies. Prior to the introduction of the new law, numerous media outlets, including The Telegraph, reported that following a series of earthquakes in Herat in October 2023, in which approximately 1,500 people died, many women and girls were too scared to leave their houses without their hijabs, resulting in a higher death toll among these groups. Moreover, 8am Media reported that Taliban members allegedly assaulted women who left their homes following the quakes without permission from their male guardians. AW was unable to confirm these claims.

Transportation

Article 20 concerns the responsibilities of ombudsmen regarding transportation in Afghanistan. It obliges ombudsmen to prevent the transportation of women who do not observe the hijab, and who are not accompanied by a “sane and adult” mahram. This article is intended to prevent women from sitting together with and mixing with non-mahram men. 

Banned activities

Like Article 13, Article 22 concerns women failing to observe the hijab, women’s voices being heard outside the home, “gatherings,” and Sahaq (same-sex sexual activity between women), all of which are considered unlawful acts, along with sodomy, adultery and bacha bazi (the practice of sexual abuse of minor, adolescent boys). 

Other rulings 

Article 17 describes the responsibilities of ombudsmen regarding press and information. According to this article, ombudsmen must prevent media from publishing images of living beings, content that contradicts religion and Sharia, and content that insults Muslims. 

The Taliban’s ban on images and statues of living beings has been reiterated in several parts of the law. Article 18 prohibits the buying and selling of statues of living beings. Meanwhile, Article 22 bans the storing and watching of photos and videos of living beings on mobile phones, computers, and other devices.

The law also contains rulings concerning men. Article 14 states, among other things, that men are obliged to wear clothing that does not show their body parts in sports and entertainment, and Article 22 forbids shaving or trimming beards lower than a fist, as well as the wearing of ties.

In addition, Article 22 also forbids Nikah Mu’tah, or temporary marriage, known as Sigheh in Farsi, where a couple gets married for a specified period of time; this practise is predominantly implemented by followers of Twelver Shia Islam. 

Article 22 also notes that “helping with and friendship with infidels and resemblance in appearance and behaviour with them” is forbidden. This article also forbids the celebration of Nowruz and Shab-e Yalda (an ancient festival celebrating the longest night of the year). Additionally, it forbids the mistreatment of orphans and those considered to be “oppressed.” 

Article 23 obliges ombudsmen to prevent wrongful acts committed by minorities, asylum seekers, children and mentally ill people. 

AW notes that many of the rulings laid out in the law neglect Afghanistan’s religious diversity, and could result in the targeting of minorities, such as Shia Muslims, who are estimated to make up 15 percent of the population.

Punishments

In the law’s third chapter, Article 24 outlines the following measures regarding the actions an ombudsman can take to punish a person who commits a forbidden act:

1. Providing recommendations

2. Creating fear of divine punishment

3. Verbal scolding and threatening with an angry tone

4. Punishing the perpetrator with the loss of property

5. One to 24 hours of detention in public prisons

6. One to three days of detention in public prisons

7. Punishment deemed as “appropriate” by the ombudsman and not under the jurisdiction of courts

The law lists punishments in a numerical sequence, from one to seven, as seen above. A footnote, referencing religious texts, suggests that the punishment measures should be implemented in a stepwise fashion, according to this sequence. The law also mentions that if a perpetrator does not change their behaviour, they will be referred to a court. However, the law does not specify which punishments can be implemented for which crimes, leaving room for interpretation.

AW assesses that the punishment measures listed in the law legally allow Taliban members to threaten and harass individuals accused of violating the law, and acquire or destroy private property. 

The law does not specify whether punishments involving the “loss of property” relate to temporary or permanent acquisition of the property in question, or its complete destruction. The lack of specificity around the type of property, as well as the type(s) of crimes that would result in this form of punishment, leaves space for potential abuse of the law. Moreover, the final listed measure – punishment which is “deemed as appropriate” by the ombudsman – leaves alleged transgressors vulnerable to violence, humiliation, and other abuse at the hands of the Taliban.

However, the law does contain some elements which appear to curb the potential for ombudsmen to abuse their power. For example, Articles 9 through 12 outline measures intended to reduce the misuse of power by ombudsmen; and Article 27 obliges ombudsmen to ensure the immediate release of detainees who have completed their detention term, and to ensure that detainees have their needs met, have access to facilities, and can continue to perform their religious duties while in detention.

Implementation of the new law

Between 27 August and 2 September 2024, the MoPVPV shared a number of updates regarding the new law, saying they had held workshops for ombudsmen in Daikundi and Bamyan provinces. 

On 30 August 2024, Etilaatroz reported that the Taliban distributed printed versions of the law in mosques in Mazar-i-Sharif, Balkh. The following day, Amu TV reported that ombudsmen in Kabul and Herat had fined several women for not being accompanied by mahrams. The outlet also shared a photo of a fine slip that a woman had received, and reported that ombudsmen in Kabul had issued fines of AFN 40 (GBP 0.43) to three female healthcare workers for not having mahrams. According to women who were interviewed by the outlet, the Taliban have intensified their restrictions on the movements of women without mahrams since the announcement of the new law.

The image below, obtained by Amu TV, shows a fine slip for AFN 40. The image does not show the issuing ministry but reads: “The Roads Transport Deputy Ministry” and “Revenue collection tariff for terminals.” AW investigators note that the administration falls under the Ministry of Transport and Aviation but could not verify the authenticity of the slip or the reason for the fine.

On 2 September 2024, 8am Media reported that the Taliban-run state television halted its operations in Kandahar. It remains unclear why operations have only been halted in Kandahar, as the new law is universal in forbidding the publication of images of living beings; however, it could be the result of an earlier ban on photographing living beings in the province, reportedly implemented by the provincial governor in February 2024. Similar restrictions on media may be seen across the country in the coming weeks and months. 

According to Afghanistan International, on 2 September, a Taliban ombudsman in Sar-e Pol province “severely” assaulted and attempted to arrest two women for visiting a local market, who were later released due to locals’ mediation. Although the report does not explicitly link the incident to the new law, the assault occurred after the announcement of the new law, and was carried out by a MoPVPV ombudsman, suggesting a possible link. AW was unable to confirm the claims.

Then, on 3 September, Amu TV published a report highlighting a piece by The Telegraph, stating that the Taliban use women as “spies” to implement the new law. The Telegraph also reported that the Taliban had hired women to monitor Instagram accounts and report cases of women posting photos with their faces uncovered, indicating that the Taliban consider social media and online spaces to be public spaces, in which the PVPV law applies.

On 5 September, Amu TV reported that MoPVPV ombudsmen visited local media in Daykundi province telling female media workers that, according to the new law, they could no longer work for the media. The ombudsmen also warned media chiefs that their outlets would be closed if they did not stop employing female staff. 

AW has been unable to independently verify these reports.

Online discourse and reactions to the new law

Women activists protested against the law and launched an online campaign using the hashtag #صدای_من_عورت_نیست, meaning “my voice is not awrah.” The campaign consisted of videos of women activists circulating online, singing, and reciting poems outside of Afghanistan. High-profile female protesters and former detainees, including Wahida Amiri and Zholia Parsi were among the participants in the campaign. 

Meanwhile, videos also showed the former Head of the dissolved Independent Human Rights Commission, Shaharzad Akbar and VoA Journalist Lina Rozbeh reciting poems and showing solidarity with the activists. Videos claimed to have been filmed inside the country showed women protesting  individually and in groups with their faces covered. 

On 29 August 2024, Daily Shahadat, a media outlet affiliated with political party Hizb-e Islami, posted leader Gulbudin Hekmatyar’s remarks regarding the new law. According to the outlet, in his Friday prayer sermon, Hekmatyar said: “In Islamic hijab, there is nothing similar to a chadori [full veil], nor is it covering women’s face and hands.” In the remarks Hekmatyar reportedly mentioned several verses and hadiths to support his point.

In response to widespread criticism of the new law, on 26 August 2024, the Taliban’s Deputy Spokesperson Hamdullah Fitrat shared a statement attributed to the official Spokesperson, Zabihullah Mujahid, calling critics’ concerns “unfounded.” The statement said that criticism of the law by non-Muslims was a result of their “arrogance.” Meanwhile, it said that Muslims who criticised the law had a “lack of awareness about their religion,” and were at risk of a “decline in faith.” 

Remarks

The Taliban’s new law on the propagation of virtue and prevention of vice heavily restricts the personal liberties of Afghans living in the country, especially women. 

The law bans women’s voices being heard publicly and obliges them to conceal their faces and bodies. Requiring women to be accompanied by “a sane and adult” mahram while using transportation makes it impossible for women with no adult and close male family members to use the company of young members of their families, such as their sons and younger brothers. 

Furthermore, the law bans unrelated women and men from looking at each other, which can lead to further gender segregation in public places and in the workplace. The ban on women’s voices may lead to a further and complete erasure of women from media, and even social media and other online spaces.

While the new law prohibits the practice of bacha bazi, which may be interpreted as a step to eliminate child sexual abuse, it leaves numerous avenues for misuse, to justify arbitrary arrests and further repressions and violence against women and minority groups.

The law also neglects Afghanistan’s religious diversity, by basing its rulings solely on Hanafi jurisprudence while being applicable to “all people residing in the territory of Afghanistan.

Within the last year, MoPVPV ombudsmen reportedly detained 13,000 individuals. With this new law in place, the Taliban’s approach to implementing the restrictions will likely unify and strengthen compared with past, when the implementation of the measures differed based on local geography.