The Taliban’s Legislative Policy Toward the Principle of Legality of Crimes and Punishments

Articles in Press

Document Type : Research Paper

Authors

1 Department of Criminal Law and Criminology, Faculty of Law and Political Science, University of Mazandaran, Babalser City, Islamic Republic of Iran.

2 Prof, Department of Criminal Law and Criminology, University of Mazandaran, Babolsar, Iran.

Abstract

The Islamic Emirate of Afghanistan (the Taliban), as the current ruling regime in Afghanistan, has issued a series of legal texts and decrees across various domains, including criminal matters. The primary basis for adjudicating disputes and conducting criminal proceedings in this system is Islamic jurisprudence (fiqh), followed by the decrees issued by the Taliban’s supreme leader, which are treated as binding laws. In recent years, more than one hundred decrees and several legislative texts have been enacted under titles such as the “Law on Enjoining Good and Forbidding Evil,” the “Law on Hearing Complaints,” the “Judicial Procedures Charter,” and two judicial codes of conduct. The central question of this study is: What is the status of the principle of legality of crimes and punishments within the legal structure of the Islamic Emirate (Taliban)? The findings, derived through a descriptive-analytical method, indicate that this principle has not been explicitly or systematically recognized in any of the Taliban’s legislative texts. However, in some instances, indirect acknowledgment of the principle can be inferred.

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Journal of Legal Studies

Articles in Press, Accepted Manuscript
Available Online from 12 October 2025

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