Taliban Begins Drafting Constitution After Consolidating Over 100 Laws

DID Press: Taliban government has announced the initiation of a “comprehensive and fundamental” process to draft a new constitution, which could mark a significant shift in Afghanistan’s legal and political structure.

Zabihullah Mujahid, spokesperson for the Taliban government, stated that more than 100 laws created by various Taliban departments are now awaiting approval from the group’s leader. Once signed, these laws will form the basis of a comprehensive constitutional framework. He emphasized that the Taliban leadership aims to consolidate the existing scattered laws into a single document, describing this move as a “critical step in organizing governance.”

For the past four years, the Taliban has governed Afghanistan without a formal constitution, and this marks the first time they have hinted at drafting a fundamental government document.

Experts note that it remains unclear what the Taliban’s constitution will define in terms of civil rights, freedoms, women’s roles, and religious minorities—areas that have faced significant restrictions over the past two years.

Amid these discussions, the publication of the Taliban’s “Criminal Code of Courts” has sparked widespread reactions both within Afghanistan and internationally. The human rights organization “Tolerance” has stated that the document, organized into three sections, ten chapters, and 119 articles, formalizes concepts such as social classification, restrictions on freedom of expression, religious discrimination, and the use of the term “slave.” According to this code, society is divided into four classes—”scholars, elites, middle class, and lower class”—with punishments determined by one’s social status.

This content has provoked widespread backlash. Elon Musk, by reposting an article about the inclusion of the term “slave” in the code, has questioned the global silence over the “return of slavery.” Inside Afghanistan, figures such as Ahmad Massoud, Abdul Rab Rasul Sayyaf, Masoom Stanekzai, and Rahmatullah Nabil have condemned the code as “discriminatory, inhumane, and a breeding ground for tyranny.” UN Special Rapporteur Richard Bennett has called its consequences “deeply troubling.”

However, the Taliban government has rejected these criticisms, with Mujahid claiming that the code “originates from the war era” and that objections are based on “misunderstandings.” The Taliban’s Ministry of Justice has also warned that opposition to its laws would be considered a “religious crime.”

Human rights organizations have warned that the new code could pave the way for increased repression, arbitrary detentions, the elimination of fair trials, and heightened discrimination against women and minorities. These concerns, coupled with the ongoing constitutional drafting process, make the future legal landscape in Afghanistan even more complex.