Decree
Decree Translation
Date: 28/08/1446
Discretionary Punitive Sentence Implemented Against Three Defendants in Takhar Province
Based on the ruling of the Primary Court of Chah Ab District, Takhar Province, a discretionary punitive sentence was enforced against three individuals accused of committing adultery. The sentence was implemented on 28/08/1446 AH.
The Primary Court sentenced two of the defendants to six months of enforceable imprisonment and thirty‑nine lashes each, while the third defendant was sentenced to one year of enforceable imprisonment and thirty‑nine lashes as a discretionary (taʿzīr) punishment.
The implementation of the discretionary sentence was carried out in the presence of court officials, case attendees, and members of the general public.
The public enforcement of imprisonment and corporal punishment against three individuals in Takhar Province reflects the continued use of discretionary punishment by Taliban authorities to police morality and regulate private life. The imposition of prison sentences alongside 39 lashes for accusations of “adultery,” carried out in the presence of court officials and the public, underscores the performative and coercive nature of punishment. Implemented through judicial processes lacking independence and meaningful safeguards, the punishment functions as an arbitrary practice that intrudes into personal and family life, undermines liberty and dignity, and disproportionately impacts women through gendered moral offenses.
