DEC3-11132022

Arbitrary Punishment, Justice & Fair Trial, Liberty & Security, Torture & Ill-Treatment
13, November 2022

Decree

The directive of the Taliban leader on the implementation of Hudud (Offences) punishments and retribution.

Decree Translation

Date: 22/08/1401 Zabihullah Mujahid, the spokesperson of the Taliban, has stated on Twitter/X that Mullah Haibatullah Akhundzada, the leader of the Taliban, has ordered the implementation of severe Hudud and retribution punishments on criminals who meet all the legal conditions and have been thoroughly investigated. The Taliban leader has instructed the execution of punishments and retribution for agitators, thieves, and hostage-takers. He has emphasized that the decree of Sharia law and my command must be obeyed.

Translation of X Message

His Holiness the Commander of the Faithful in a meeting of judges:

- Thoroughly investigate the cases of thieves, kidnappers, and seditionists.
- You are obligated to issue hadd and qisas on cases that meet all the Sharia conditions for hadd and qisas, because this is the ruling of Sharia and my command, and it is obligatory for you to act on it.

Notes on Decree

This statement by Zabihullah Mujahid, relaying Taliban leader Mullah Haibatullah Akhundzada's order for the implementation of hudud (fixed Islamic punishments) and qisas (retribution) penalties, underscores the Taliban’s growing reliance on extreme forms of punishment as a tool of control. While framed as enforcement of Sharia, the directive bypasses internationally recognized standards of due process, transparency, and proportionality in criminal justice.

The instruction to "obey" both Sharia law and "my command" conflates religious edict with authoritarian rule, effectively erasing judicial independence. The blanket call for severe corporal and capital punishment—even if nominally tied to "thorough investigations"—raises serious concerns over arbitrary punishment, torture and ill-treatment, and violations of the right to a fair trial and personal security.

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