Criminal Procedure Code for Courts (Taliban Government of Afghanistan) 2026

On January 7, 2026, the Taliban’s emir issued a two-point decree approving the new Criminal Procedural Regulations for Courts—a document consisting of 119 articles across 3 chapters and 10 sections—and declared that it would take immediate effect upon his signature.

Original Hukum is in Pashtu language

Bismillāhi r-raḥmāni r-raḥīm
Al-ḥamdu lillāhi rabbi l-‘ālamīn, wa-ṣ-ṣalātu wa-s-salāmu ‘alā sayyidi l-mursalīn wa ‘alā ālihi wa aṣḥābihi ajma‘īn.
Da Afghānistān Islām Amān
Guna 12
Wa chāro idāre Loy Rīāsat

Nabta 1447/7/15 Hijri Qamari Islāmī Kā Rīāsat
Da mahākimu jazāyī uṣūlnāme da infāz pah hakla da ‘ālīqadr Amīr al-Mu’minīn ḥafiẓahu Allāhu ta‘ālā
Lomray madah
Farmān
Da mahākimu jazāyī uṣūlnāme pah (1) muqaddima, (3) bābūno, (10) faṣlūno aw (119) mādwo kī taushīḥ kawam.
Dwahama madah
Dagha farmān da taushīḥ la nīṭe tsakha nāfiz aw da yādī uṣūlnāme la matan sarah yaw jāy da pah rasmi jarīda kī khapor sha.
Wa-s-salāmu ‘alaykum wa raḥmatu Allāhi wa barakātuhu.
Amīr al-Mu’minīn Shaykh al-Qur’ān wa al-Ḥadīth
Mawlawī Hibatullāh Akhundzādah

Date: 1447/7/15 AH

Judicial Procedure Code

In the name of Allah, the Most Gracious, the Most Merciful

All praise is due to Allah, the Lord of all worlds. Prayers and peace be upon the master of all messengers, and upon his family and all his companions.

The Islamic Emirate of Afghanistan
Supreme Court – General Directorate of Personal Status and Notarization
Order No. 12
Regarding the enforcement of the Criminal Procedure Code for Courts

By the esteemed Amir al-Mu’minīn, may Allah Almighty protect him.

Article One:
Decree
The Criminal Procedure Code for Courts, consisting of one preamble, three chapters, ten sections, and one hundred nineteen articles, is hereby promulgated.

Article Two:
This decree is effective from the date of its issuance, and the aforementioned Code shall be published together with its text in the Official Gazette.

Peace be upon you, and the mercy of Allah and His blessings.
Amir al-Mu’minīn, Shaykh al-Qur’an wa al-Hadīth,
Mawlawī Hibatullah Akhundzada

(Seal and date: 1447/7/15 Hijri Qamari)

For the attention of the esteemed office for the execution of the decree –
The General Directorate of Personal Status has taken note and is implementing it.
Respectfully,
(Signature)

---

(Here begins the text of the Criminal Procedure Code for Courts)

In the name of Allah, the Most Gracious, the Most Merciful

All praise is due to Allah, the Lord of all worlds. Prayers and peace be upon the master of all messengers, and upon his family and all his companions.

Criminal Procedure Code for Courts
Book

The Criminal Procedure Code for Courts comprises one preamble, three chapters, ten sections, and one hundred nineteen articles.

Preamble

Definitions and Terms

Article One:
In this Code, “principles and laws” refer to the principles and laws confirmed or promulgated by the esteemed Amir al-Mu’minīn, Shaykh al-Qur’an wa al-Hadīth, Mawlawī Hibatullah Akhundzada, may Allah Almighty protect him.

Article Two:
The following terms in this Code carry the meanings explained below:

1. The Right of Allah Almighty: A right whose benefit is general for all people and not specific to any individual. Due to its comprehensive nature encompassing all individuals, it is attributed to Allah, the Exalted.
2. Whip (Dirrah): A specific implement used by a judge in executing Hadd punishments and administering Ta’zīr.
3. The Right of the Individual (Ḥaqq al-‘Abd): A right where the benefit or harm of an action or omission reaches a specific person and is not related to beneficial public affairs.
4. Reliable Reporter (Khabar ‘Adl): Refers to a person who is very fair, not biased, refrains from major sins, and does not persist in minor sins.
5. Abduction (Ikhtitāf): Taking someone by force with the intent of personal gain or causing harm to the abductee.
6. Wealthy Person (Mūsir): A non-needy person for whom receiving Zakat is impermissible.
7. Needy Person (Mu’sir): A needy person for whom receiving Zakat is permissible.
8. Innovator (Mubtadi’): A person who holds beliefs contrary to the creed of Ahl al-Sunnah wa al-Jamā’ah.
9. Deed (Qabālah): An official document prepared in light of enforceable laws for the registration and authentication of immovable properties.
10. Authentic Document (Wathīqah): A credible document prepared in light of enforceable laws by authorities based on acknowledgment and confirmation by the granter, and certified by a judge.
11. Spreader of Corruption (Sā’ī bi al-Fasād): A person whose harm is widespread and who cannot be reformed except by being killed, such as a sorcerer, sodomite, strangler, rebel, or highway robber.
12. Accused (Muttaham): A person against whom one just or two women of concealed status have given testimony before a judge regarding the commission of one of the crimes listed in this Code.
13. Criminal (Mujrim): A person against whom a final court judgment has been issued, convicting them for committing a crime among those listed in this Code.
14. Forgery and Counterfeiting (Ja’l wa Tazwīr): Altering the truth through actions like writing, erasing, forging another’s signature, creating a seal, writing contrary to reality, adding or removing content, staining, or otherwise damaging official documents and records to change their meaning.
15. Recidivist Criminal (Mukarrir Mujrim): A person who has been convicted and sentenced for a crime listed in this Code and, after the issuance of the court’s final judgment, commits the same crime again.
16. Narcotic Drugs (Arfān Darmān): Specific drugs used for the treatment, prevention, and diagnosis of rare diseases. Their production and import volume is limited. They are produced or imported at specific times and in specific quantities based on the recommendation of the Ministries of Public Health, Agriculture, Irrigation, and Livestock.
17. Health Products: Medical equipment and supplies, medical food items, medicinal substances, medicinal food products, regents (chemical substances used for testing or examination), laboratory materials, and other health-related items regulated by the Ministries of Public Health, Agriculture, Irrigation, and Livestock.
18. Normal Quality Violation: A violation where the quality result of a product after production does not meet the standard, causing harm to machinery and the consumer’s economy.
19. Moderate Quality Violation: A violation that, in addition to being a normal violation, also causes harm to the environment.
20. Severe Quality Violation: A violation that, in addition to being a moderate violation, also causes harm to human health.

Authorities for Implementation

Article Three:
The courts of the Islamic Emirate are the authorities for implementing this Code.

Chapter One
Principles for Implementing Ta’zīr, its Levels and Types, and Those Liable to Ta’zīr and Related Rulings

This chapter consists of the following three sections:

Section One: Principles for Implementing Ta’zīr
Section Two: Levels and Types of Ta’zīr
Section Three: Those Liable to Ta’zīr and Related Rulings

Section One: Principles for Implementing Ta’zīr

Article Four:
Differences Between Ḥadd and Ta’zīr

1. Ḥadd is fixed and specified, while Ta’zīr is delegated to the discretion of the Imam (ruler).
2. Ḥudūd (plural of Ḥadd) are waived in cases of doubt, while Ta’zīr may be established even with doubt.
3. Ḥadd is not executed upon a minor, but Ta’zīr may be administered for disciplinary purposes.
4. Ḥadd is termed as such for both Muslims and Dhimmīs (non-Muslim citizens), while Ta’zīr for a Dhimmī is considered a punishment.
5. The authority to execute Ḥadd punishment rests with the Imam, while Ta’zīr punishment can be administered by a husband, master, or anyone who witnesses someone committing a sin.
6. Every Muslim who sees a sinner in the act of sinning concerning the Rights of Allah has the authority to administer Ta’zīr at that moment, as it falls under “enjoining good and forbidding evil,” but they do not have the authority to execute Ḥadd.
7. Retraction from a confession is not valid in Ta’zīr, but it is valid in all Ḥudūd except for the Ḥadd of Qadhf (false accusation of unchastity).
8. In Ḥadd, the one against whom testimony is given (the Mashhūd ‘alayh) can be detained until the witnesses are questioned; this is not done in Ta’zīr.
9. It is not permissible for the Imam to pardon after proof is established in Ḥadd; pardoning in Ta’zīr is permissible based on expediency in cases of pure Rights of Allah.
10. Intercession is not permissible in Ḥadd after proof is established, but it is permissible in Ta’zīr.
11. Except for the Ḥadd of Qadhf, other Ḥudūd are waived with the lapse of time without excuse in the case of witnesses. Ta’zīr is not waived with the lapse of time.
12. Ta’zīr punishments concerning the Rights of Individuals do not combine, whereas Ḥudūd do combine if they are of the same type.
13. Ḥudūd are not inheritable by heirs, while Ta’zīr and retribution (Qiṣāṣ) are inheritable.
14. Demanding a guarantor is not permissible in pure Rights of Allah Ḥudūd, but it is permissible in Ta’zīr punishments.
15. In implementing Ḥudūd, Qiṣāṣ, and blood money (Diyah), only the nature of the crime is considered, not the personality of the criminal. In Ta’zīr punishments, both the type of crime and the personality of the criminal are considered.

Article Five:
Methods of Proving a Crime
A crime is proven before a judge, or by the judge’s order, through the following methods in matters of the Rights of Allah and the Rights of Individuals:

• In Rights of Allah: Confession, conclusive evidence, circumstantial evidence, and the testimony of a reliable reporter.
• In Rights of Individuals: Confession, conclusive evidence, refusal to take an oath (Nukūl), and circumstantial evidence. However, retribution (Qiṣāṣ) is not proven by Nukūl or circumstantial evidence.

Article Six:
Methods of Proving Ta’zīr

1. In Rights of Individuals, Ta’zīr is proven through the following methods:
   • Confession.
   • Conclusive evidence (testimony of men, or women and men together).
   • Refusal to take an oath (Nukūl).
   • The judge’s personal knowledge.
2. In Rights of Allah, Ta’zīr is proven through the following methods:
   • Testimony of a reliable reporter.
   • Circumstantial evidence.

Article Seven:
Validity of the Testimony of a Reliable Reporter

1. The testimony of a reliable reporter is valid through the following means:
   • It must be based on observation or certainty, not on predominant assumption.
   • For matters requiring sight and hearing (like marriage contracts, sales, leases, divorce…), his report must be based on seeing and hearing.
2. The testimony mentioned in Clause (1) of this Article, if based solely on knowledge, is valid under the following conditions:
   • The reporter’s knowledge of those matters must have been acquired through widely transmitted reports (Mutawātir) where lying is inconceivable.
   • The testimony must be given in the court session using the phrase “I testify” (Ashhadu).
   • The testimony must involve establishing the right of another.

Article Eight:
Rejection of Witnesses Due to Mere Discrediting
If a person utters words to another that would warrant Ta’zīr (like calling them “corrupt” (Fāsiq) etc.) and then wants to present witnesses to prove that person’s corruption in order to save himself from Ta’zīr, his witnesses are not accepted.

Section Two: Levels and Types of Ta’zīr

Article Nine:
Levels of Ta’zīr Based on the Criminal

1. Based on the criminal, Ta’zīr has the following levels:
   • For scholars and high-ranking people: Their Ta’zīr is by the judge informing them: “It has reached me that you do such and such…”
   • For nobles, such as tribal elders and merchants: Their Ta’zīr is by the judge informing them and summoning them to court.
   • For the middle class of society: Their Ta’zīr is by summoning them to court and imprisoning them.
   • For the lower class of society: Their Ta’zīr is by threat and whipping. However, if the whipping reaches its maximum limit (like 39 lashes), the criminal should not be whipped on one spot of the body.
2. In Clause (1), part 4 of this Article, in the mentioned Ta’zīr whippings, areas from which whipping is prohibited in Ḥadd punishments—such as the head and private parts—should be avoided.

Article Ten:
Types of Ta’zīr Based on the Crime
Based on the crime, Ta’zīr has the following types:

1. Ta’zīr for a crime that is purely the Right of Allah.
2. Ta’zīr for a crime that is purely the Right of the Individual.
3. Ta’zīr for a crime where the Right of the Individual is predominant.

Section Three: Those Liable to Ta’zīr and Related Rulings

Article Eleven:
Rulings Related to Ta’zīr in Rights of Allah and Rights of Individuals

1. If a Right of Allah and a Right of an Individual are combined, the judge should first issue a verdict concerning the Right of the Individual—due to the priority of fulfilling the individual’s right—and then issue a verdict concerning the Right of Allah.
2. Implementing Ta’zīr in Rights of Allah is necessary only when the criminal’s reformation is not possible without it. If reformation has occurred (signs of repentance are evident), the judge may forgo the Ta’zīr.
3. In Rights of Individuals, reconciliation (Ṣulḥ), pardon (‘Afw), and remission (Ibrā‘) by the right-holder are considered valid.
4. In Rights of Allah, a plaintiff is not required for initiating a case. A plaintiff with the condition of justice holds the status of a witness, and a reliable reporter holds the status of a witness, provided his report is based on observation and certainty, not predominant assumption.
5. In those Rights of Individuals for which Ta’zīr is contingent upon a claim, no one other than the judge can administer the Ta’zīr.

Article Twelve:
Financial Ta’zīr

1. Ta’zīr by taking property is prohibited.
2. A judge may administer the following two types of Ta’zīr to a criminal:
   • By destroying property.
   • By seizing immovable property.

Article Thirteen:
Demolishing Places of Corruption
Places where corrupt, wicked, and sinful people habitually commit corrupt acts should be demolished by the judge as Ta’zīr.

Article Fourteen:
Ta’zīr by Execution for Public Interest

1. If public interest is secured by the death of the following criminals, they may be executed as Ta’zīr by the permission of the Imam, based on expediency:
   • One who persists in corruption.
   • A spreader of corruption (Sā’ī bi al-Fasād).
   • A killer with a heavy object.
   • A defender of false beliefs contrary to Islam.
   • One who invites to false beliefs contrary to Islam (leader and trainer of innovators and corrupters).
   • A sorcerer/magician.
   • A heretic (Zindīq).
2. In the following cases, the Imam may administer Ta’zīr by execution based on expediency:
   • One who repeatedly commits intercourse in a non-vaginal orifice.
   • One who repeatedly commits sodomy.
   • One who repeatedly kills by strangulation.
   • A repeated thief.

Article Fifteen:
Ta’zīr for a General Offender
Any sane person who commits a crime for which there is no fixed Ḥadd punishment is liable to Ta’zīr, whether they are free or slave, male or female, Muslim or non-Muslim, adult or minor. However, Ta’zīr for a sane minor is administered for disciplinary purposes.

Article Sixteen:
Ta’zīr for One Who Insults the Prophets, peace be upon them
If a Muslim insults, disparages, or shows contempt in any way towards the Master of Mankind (Prophet Muhammad, peace be upon him) or other prophets, peace be upon them, he is considered an apostate and liable to the following Ta’zīr:

1. If this crime of his is proven without him having repented, the judge should, with the Imam’s permission, execute him as Ta’zīr.
2. If he has repented, the judge should sentence him to six years of imprisonment after his repentance.

Article Seventeen:
Ta’zīr for One Who Insults Sacred Days, Islamic Rituals, and Scholars

1. A person who insults the sacred days of Islam is a criminal. The judge should sentence him to three months of imprisonment.
2. Mocking and ridiculing Sharia rulings and Islamic rituals is grounds for Ta’zīr. If it is proven to the judge that he committed this act intentionally and consciously, he should be given two years of imprisonment.
3. Any person who intentionally and consciously says, “I do not act upon this,” or similar statements indicating that the statements of the honorable jurists are not to be followed—if it is proven to the judge that he made this statement intentionally and consciously—should be given two years of imprisonment.

Article Eighteen:
Ta’zīr for One Who Insults the Imam
A person who insults the Imam is a criminal. The judge should sentence him to thirty-nine lashes in addition to one year of imprisonment.

Article Nineteen:
Ta’zīr for Those Who Oppose the Imam’s Order in Permissible Matters

1. In permissible matters, when the Imam orders their performance, performing them becomes obligatory, and those who oppose are liable to Ta’zīr.
2. In permissible matters, when the Imam prohibits them, performing them becomes forbidden, and those who oppose are liable to Ta’zīr.
3. The opponent mentioned in Clauses (1) and (2) of this Article is sentenced to one month of imprisonment.

Article Twenty:
Ta’zīr by Dismissal for Violators of the Orders and Decrees of the Esteemed Amir al-Mu’minīn, may Allah Almighty protect him
The Ta’zīr for all Emirate employees and officials by dismissal from their position occurs only in case of disobedience to the orders and decrees of Amir al-Mu’minīn, may Allah Almighty protect him.

Article Twenty-One:
Ta’zīr for Those Who Oppose the Orders of Other Commanders
In Emirate departments, if a Mujahid soldier or employee disobeys the order of a commander, in the absence of a valid excuse, they are subjected to Ta’zīr in the following manner:

1. The commander must advise him.
2. In case of repeating the disobedience, Ta’zīr is administered according to part 3 of Clause (1) of Article Nine of this Code.
3. On the third time, Ta’zīr is administered according to part 4 of Clause (1) of Article Nine of this Code.

Article Twenty-Two:
Ta’zīr for Those Who Do Not Perform Their Duty on Time
Failure to perform governmental service on time or properly without a Sharia excuse is a crime and an act warranting Ta’zīr. The judge should administer Ta’zīr according to the levels mentioned in Article Nine of this Code.

Article Twenty-Three:
Ta’zīr for Those Who Assault Public Government Employees and Emirate Appointees

1. Assaulting public government employees and individuals appointed to public services during the course of duty, insulting government employees, especially laying hands on a soldier or any Mujahid, tearing their clothes, using bad language towards them, insulting the court, and disrupting a judicial session are acts warranting Ta’zīr. The judge should sentence them to ten days of imprisonment.
2. If a person insults the senior officials of the Emirate, the judge should sentence him to twenty lashes in addition to six months of imprisonment.

Article Twenty-Four:
Ta’zīr for Those Who Do Not Act or Inform Against Opponents
If a person witnesses the seditious gatherings of opponents of the system, or is aware of them, but does not act against them himself nor informs the relevant Emirate departments, the observer or the knowledgeable person is a criminal. The judge should sentence him to two years of imprisonment.

Article Twenty-Five:
Ta’zīr for One Who Harbors Rebels, Thieves, Insurgents, and Corruptors
A person who harbors rebels, thieves, insurgents, corruptors, and similar individuals is a criminal. The judge should sentence him to thirty-nine lashes in addition to five years of imprisonment.

Article Twenty-Six:
Ta’zīr for Those Who Abandon the Hanafi School
Followers of the Hanafi school in Afghanistan may not abandon it. If someone does abandon it and this is proven to the judge, he should be given two years of imprisonment.

Article Twenty-Seven:
Ta’zīr for Spreaders of Religious Innovations
Those innovators who, through propagation, spread innovations individually or socially, and thereby cause harm to the public, individuals’ property, or public security, the judge should sentence them to ten years of imprisonment.

Article Twenty-Eight:
Ta’zīr for Deceptive Muftis, Fake Doctors, Physicians, and the Negligent

1. The judge is obligated to prohibit a fake doctor, physician, or deceptive mufti from their improper work. In case of repetition, he should sentence them to one month of imprisonment.
2. The judge should administer Ta’zīr to those obligated scholars and teachers who do not strive in teaching obligatory necessary rulings and correct necessary beliefs, and to those students who are negligent in learning obligatory necessary rulings and correct necessary beliefs, according to the levels mentioned in Article Nine of this Code.

Article Twenty-Nine:
Ta’zīr for Those Who Betray Trust and Embezzle Public Treasury Funds

1. One who betrays trusts or is delinquent in returning them is a criminal. The judge should sentence him to imprisonment until the trust is returned.
2. A person who embezzles and betrays the funds and assets of the public treasury is a criminal. The judge should sentence him to six months of imprisonment in addition to recovering the embezzled funds.

Article Thirty:
Ta’zīr for a Teacher or Instructor Who Beats Children
If a teacher or instructor beats a child in such a manner that bones are broken, skin is torn, or bruising and blackening appear on the body, the judge should discipline him with dismissal.

Article Thirty-One:
Ta’zīr for One Who Assaults or Insults Parents
A person who assaults or insults his mother and father is a criminal. The judge should sentence him to thirty lashes in addition to five months of imprisonment.

Article Thirty-Two:
Ta’zīr for a Husband
If a husband severely beats his wife, causing her wounds or bruising on her body, and the wife proves her claim before the judge, the husband is a criminal. The judge should sentence him to fifteen days of imprisonment.

Article Thirty-Three:
Ta’zīr for One Who Retracts from Li’ān (Mutual Cursing)
If a husband retracts from engaging in Li’ān with his wife for the purpose of Li’ān, the judge should sentence the husband to one year of imprisonment for denying himself. If during the year he engages in Li’ān or admits his denial, the judge should issue his verdict accordingly.

Article Thirty-Four:
Ta’zīr for a Wife and Her Father
If a wife stays at her father’s or other relatives’ house without her husband’s permission and without a valid Sharia reason, and despite the husband’s requests and the judge’s verdict, her father or other relatives do not hand her over to her husband, both the wife and the preventer are criminals. The judge should sentence both to three months of imprisonment.

Article Thirty-Five:
Ta’zīr for a Father and Grandfather

1. An ascendant (father, grandfather…) is not imprisoned for a debt upon a descendant (son, grandson…) unless the debt is related to the maintenance of a minor, disabled adult, orphan, or unmarried daughter. In that case, the judge should sentence him to three months of imprisonment.
2. A child who has no father or guardian is not imprisoned for a consumption debt, even if he has land and belongings. However, a child who has a father or guardian and the father or guardian prevents the payment of the child’s debt from the child’s property, the judge should sentence the father or guardian to two months of imprisonment.

Article Thirty-Six:
Ta’zīr for One Who Addresses a Muslim as ‘Corrupt’ or Similar
A person who addresses another Muslim as “corrupt” (Fāsiq), “wicked” (Khabīth), or “disbeliever” (Kāfir), or says to someone that they have committed adultery with a donkey or a cow, or calls a Muslim a “pig,” and similar acts, is a criminal. The judge should sentence him to one and a half months of imprisonment.

Article Thirty-Seven:
Ta’zīr for One Who Has an Illicit Relationship with a Non-Mahram Woman
Any person who establishes an illicit relationship with a non-mahram woman (kissing, embracing, placing an arm around the neck), the judge should sentence him to one year of imprisonment.

Article Thirty-Eight:
Ta’zīr for One Who Flirts with Neighbor Women
Looking at neighbor women, gesturing to them, inquiring about their conditions, describing their physical qualities in conversation is a crime. The judge should sentence the perpetrator to one month of imprisonment.

Article Thirty-Nine:
Ta’zīr for One Who Causes Harm to a Neighbor
Causing harm to a neighbor, insulting them, dumping garbage in front of their house, locking their gate from the outside, and similar acts are crimes. The judge should sentence the perpetrator to ten days imprisonment for the first time, and in case of repetition, to two months imprisonment.

Article Forty:
Ta’zīr for One Who Associates with Corrupt People
A person who is seen in places of ill-repute, sits with corrupt people, thieves, and alcoholics, or is present with them at the time of the crime, the judge should sentence him to one month of imprisonment, and in case of repeating the crime, sentence him to double the punishment.

Article Forty-One:
Ta’zīr for One Who Breaks Fast and Drinks Alcohol During Fasting

1. If an obligated Muslim intentionally breaks his fast during Ramadan without an excuse, the judge should sentence him to twenty lashes in addition to two months of imprisonment.
2. If an obligated Muslim drinks alcohol during the daytime in Ramadan, the judge should sentence him to twenty lashes in addition to executing the Ḥadd punishment upon him.

Article Forty-Two:
Ta’zīr for a Kidnapper

1. Kidnapping, whether of an adult or a child, for personal gain or with the intent to cause harm to the kidnappee, the judge should sentence the kidnapper to ten years of imprisonment.
2. If the kidnapper kills the kidnappee, he is sentenced to execution as per the court’s ruling.

Article Forty-Three:
Ta’zīr for Human Traffickers
If a person commits the crime of human trafficking, the judge should sentence the trafficker to one year imprisonment for the first time, two years imprisonment for the second time, and three years imprisonment for the third time.

Ta’zir for a Killer
Forty-Fourth Article

1. The judge may sentence an intentional killer, after pardon, if he is notorious for corruption, to one year of imprisonment.
2. The judge shall sentence an accomplice (helper) in a murder crime to one year of imprisonment.
3. Intentional murder is not proven by refusal to take an oath (Nukūl). The accused of intentional murder shall be sentenced by the judge to one year of imprisonment for the purpose of obtaining confession or oath. If he confesses or takes the oath during the year, the judge shall issue his ruling.

Ta’zir for One Who Provides Narcotics and Poisons
Forty-Fifth Article

1. If a person provides narcotics to another person and takes his property, the criminal is liable for the property in addition to being sentenced to five years of imprisonment.
2. If a person provides poison to another person in drink or food, and its consumption or eating causes his death, that person is a criminal; the judge shall sentence him to five years of imprisonment.

Ta’zir for One Who Injures
Forty-Sixth Article
If a person injures another person such that blood money (Arsh) becomes due, the judge shall sentence him to six months of imprisonment for the purpose of showing signs of repentance.

Ta’zir for One Notorious for Corruption
Forty-Seventh Article

1. A person accused and notorious for theft, murder, and adultery, or notorious for destroying people’s lives, property, and animals, if the judge imprisons him for up to one year for the purpose of showing signs of repentance.
2. Criminals who repeatedly harm the lives and property of the general public deserve disciplinary imprisonment. The judge may extend the imprisonment period until clear signs of repentance appear on him.
3. The judge may sentence a thief, after the implementation of Hadd, to three months of imprisonment for the purpose of repentance.
4. In clause (3) of this article, if the mentioned thief commits theft a second time, after the second implementation of Hadd, the judge shall not implement Hadd a third time, but shall sentence him to five years of imprisonment.

Ta’zir for the Sake of Expediency
Forty-Eighth Article
Ta’zir for the sake of expediency is also given without a crime, such as a father disciplining his ten-year-old child for abandoning prayer and the like. However, it must be given according to the levels of the Ninth Article of this code.

Ta’zir for a Judge
Forty-Ninth Article

1. If a judge delays a ruling in a case after the conditions for the ruling are complete, if this delay is without a Shari’ah excuse, he shall be sentenced to ten days of imprisonment in another competent court.
2. If a judge issues a wrong ruling as a joke or mockery, he shall be sentenced to three months of imprisonment in another competent court.

Ta’zir for Claimant and Defendant
Fiftieth Article
If the claimant and defendant engage in verbal or physical altercation before the judge or in the court precinct, this action warrants Ta’zir; the judge shall sentence the initiator of the altercation to five days imprisonment and the opposing side to three days imprisonment.

Ta’zir for One Who Confesses the Falsity of His Claim
Fifty-First Article
If the claimant confesses the falsity of his claim in the presence of the judge, the judge shall sentence him to one month of imprisonment.

Ta’zir for One Who Makes a False Claim
Fifty-Second Article
If the defendant proves that the claimant’s claim is false, the judge shall sentence the claimant to three months of imprisonment in addition to compensating the defendant for his loss.

Ta’zir for One Who Gives False Testimony
Fifty-Third Article
Any person who gives false testimony is a criminal; the judge shall sentence him to forty-three lashes in addition to public exposure.

Ta’zir for One Who Violates and Defies the Judge’s Final Ruling
Fifty-Fourth Article

1. A person who violates the judge’s final ruling contrary to principles is a criminal; the judge shall sentence him to one month of imprisonment.
2. If a person does not appear before the judicial authority despite the judge’s summons and his defiance is proven to the judge, he is a criminal; the judge shall sentence him to one month of imprisonment.

Ta’zir for One Who Denies Maintenance
Fifty-Fifth Article
Any person upon whom another’s maintenance is obligatory, if he prevents it while having the means, is a criminal; the judge shall sentence him to one year of imprisonment for the purpose of paying maintenance. If he pays the maintenance during the year, he is to be released.

Ta’zir for a Personal Guarantor (Kafīl bin-Nafs)
Fifty-Sixth Article

1. A personal guarantor who does not present the guaranteed person at the specified time is a criminal; the judge shall sentence him to three months of imprisonment.
2. In clause (1) of this article, if the whereabouts of the absent guaranteed person are unknown, the guarantor is not obligated to present him. If it is known, the judge gives the personal guarantor time to go and return. If he does not present him, he is sentenced to three months of imprisonment.
3. If the guarantor is imprisoned at the request of the principal debtor, the judge, at the request of the guarantor, sentences the principal to four months of imprisonment.

Ta’zir for Bribe Taker and Bribe Giver
Fifty-Seventh Article

1. Both the bribe taker and bribe giver are criminals; in addition to dismissal from their positions, the judge shall sentence both to one year of imprisonment.
2. A person who acts as an intermediary between the bribe taker and bribe giver, the judge shall sentence him to six months of imprisonment.

Ta’zir for an Apostate Woman
Fifty-Eighth Article
The judge shall sentence an apostate woman to perpetual imprisonment and ten lashes every three days for the purpose of compelling her to accept Islam.

Ta’zir Related to Dancing
Fifty-Ninth Article
Each of the dancing boys, girls, their dance instructors, and spectators are criminals; the judge shall sentence each to two months of imprisonment.

Ta’zir for a Sodomite
Sixtieth Article
Any person against whom sodomy is proven in the Shari’ah manner before the judge is a criminal; the judge shall sentence him to two years of imprisonment. If sodomy is his habit, then he shall be killed with the Imam’s permission.

Ta’zir for Destroyer of Public Property
Sixty-First Article
A person who destroys public property – irrigation canals, roads, etc. – is a criminal; the judge shall sentence him to two months of imprisonment in addition to compensating for the damage.

Ta’zir for Sellers and Buyers of Human Organs
Sixty-Second Article
Selling and buying human organs, eyelashes, hair, and the like is a crime; the judge shall sentence the seller and buyer to one year of imprisonment.

Ta’zir for One Who Enters Another’s Premises Without Permission
Sixty-Third Article
If a person enters another’s house or residence without the owner’s permission and without any legitimate interest, he is a criminal; the judge shall sentence him to two months of imprisonment.

Ta’zir for a Thief Who Steals After Permission to Enter
Sixty-Fourth Article
If someone enters another’s house or residence with permission and later commits theft, and this theft is proven against him, the judge shall sentence him to two years of imprisonment in addition to liability for the stolen property.

Ta’zir Related to Gang Theft
Sixty-Fifth Article
If a group commits theft of someone’s property collectively, but the specific thief is not identified, the judge shall sentence each to two years of imprisonment.

Ta’zir for Gamblers
Sixty-Sixth Article
Gambling in all its forms and types is a Shari’ah crime; the judge shall sentence the gambler to four months of imprisonment.

Ta’zir for One Who Accuses of Adultery (Qādhif)
Sixty-Seventh Article
A person who accuses the following persons of adultery is a criminal; the judge shall sentence him to two months of imprisonment:

1. A child.
2. An insane person.
3. An unbeliever.
4. One already punished for adultery.
5. A woman who has undergone Li’ān resulting in a child.
6. A woman who has children but the father of the children is unknown.

Ta’zir for One Who Unjustly Harasses a Criminal’s Family
Sixty-Eighth Article
If a person unjustly harasses a criminal’s family because of his crime, he is a criminal; the judge shall sentence him to three months of imprisonment.

Ta’zir for One Who Intentionally Releases a Debtor
Sixty-Ninth Article
If a person intentionally and consciously releases another’s debtor for the purpose of escape, he is a criminal; the judge shall sentence him to one month of imprisonment.

Ta’zir for One Who Instigates Fights Between Animals
Seventieth Article
A person who instigates fights between animals (dogs, camels, cats, etc.) or birds (roosters, sparrows, eagles) is a criminal; the judge shall sentence him to five months of imprisonment.

Ta’zir for a Hoarder
Seventy-First Article
The judge is obligated to compel the hoarder to sell the hoarded property. In case of refusal, the hoarder is considered a criminal; the judge shall sentence him to one month of imprisonment.

Ta’zir for a Prisoner
Seventy-Second Article

1. If a prisoner escapes from prison or attempts to escape, he is a criminal; the judge shall discipline him with twenty lashes.
2. The judge may sentence a prisoner expediently to ten days imprisonment with solitary confinement.

Ta’zir for One Who Refuses to Take an Oath in Qasāmah
Seventy-Third Article
If a person refuses to take an oath in Qasāmah (collective oath), the judge shall sentence him to one year of imprisonment for the purpose of obtaining confession or oath. If he confesses or takes the oath during the year, the judge shall issue his ruling.

Ta’zir for an Usurper
Seventy-Fourth Article
If a person usurps something belonging to another and refuses to return it, he is a criminal; the judge shall sentence him to one year of imprisonment, even if he returns the usurped item to its original owner during the year.

Ta’zir for a Jailer
Seventy-Fifth Article
If an imprisoned debtor escapes from prison with the help of the guarding jailer and it becomes impossible to recapture him, the judge shall make the jailer liable for the creditor’s debt.

Ta’zir for the Evil Eye Practitioner (‘Ā’in)
Seventy-Sixth Article
The judge may prevent the evil eye practitioner from envy through admonition. In case of refusal, he shall be placed under house arrest as Ta’zir for up to one year.

Penal Rulings for Selling and Buying Public Treasury Weapons and Military Equipment
Seventy-Seventh Article

1. If a person is caught with any type of light weapon (except M4) while selling or buying, and the weapon is proven to belong to the public treasury, the weapon shall be handed over to the public treasury and the perpetrator shall be sentenced to one year of imprisonment.
2. If the weapon mentioned in clause (1) of this article is more than one item, the weapons shall be handed over to the public treasury and the perpetrator shall be sentenced to one year of imprisonment per item.
3. If a heavy weapon or M4 is caught while selling or buying, and the weapon is proven to belong to the public treasury, the weapon shall be handed over to the public treasury and the perpetrator shall be sentenced to two years of imprisonment.
4. If the weapon mentioned in clause (3) of this article is more than one item, the weapons shall be handed over to the public treasury and the perpetrator shall be sentenced to two years of imprisonment per item.
5. Military equipment, ammunition, binoculars, communication devices, and other military items caught while selling or buying, if proven to belong to the public treasury, the equipment shall be handed over to the public treasury and the perpetrator shall be sentenced to one year of imprisonment.
6. If the equipment mentioned in clause (5) of this article is proven to be personal, in addition to the destruction of the equipment, the perpetrator shall be given the following penal punishment according to its value:
   • For each type of item valued from ten thousand (10,000) to fifty thousand (50,000): six months imprisonment.
   • From fifty thousand (50,000) to one hundred thousand (100,000): one year imprisonment.
   • For more than one hundred thousand (100,000): one year imprisonment per additional one hundred thousand (100,000), with a maximum imprisonment term of seven years even if its value exceeds seven million (7,000,000).

Penal Rulings for Selling and Buying Illegal Personal Weapons
Seventy-Eighth Article

1. If an illegal weapon is caught with a person while selling or buying, and the weapon is proven to be personal, the court shall sentence the perpetrator to six months imprisonment in addition to the destruction of the weapon for the first time. In case of repetition, the perpetrator shall be sentenced to one year imprisonment in addition to destruction.
2. If the weapon mentioned in clause (1) of this article is more than one item, the perpetrator shall be sentenced to six months imprisonment per item in addition to the destruction of the weapons. In case of repetition, he shall be sentenced to one year imprisonment in addition to destruction. The maximum imprisonment term shall be seven years.

Penal Rulings Related to a Debtor
Seventy-Ninth Article

1. If a debt is proven by witnesses or refusal to take an oath (Nukūl) and the creditor requests the debtor’s imprisonment, the judge disciplines the said debtor with two months of imprisonment.
2. If the debt is proven by confession, the judge orders the debtor to pay the debt. If the debtor does not request a respite and refuses to pay the debt, the judge shall discipline him with four months of imprisonment.

Ta’zir for an Insolvent Debtor
Eightieth Article

1. If the judge is uncertain about the debtor’s state of insolvency or wealth, the judge shall sentence the debtor to three months of imprisonment for the purpose of ascertaining his condition at the creditor’s request. If he is wealthy, he is imprisoned for one year; if he does not pay, his imprisonment is extended for another year; if he is poor, he is released.
2. In clause (1) of this article, if the mentioned debtor’s condition is not determined within three months, the judge shall release the debtor.
3. An insolvent debtor who does not pay a debt to a creditor while he himself has a debt owed to a wealthy person and does not claim it, the judge shall sentence him to four months of imprisonment. If the wealthy debtor is imprisoned at the insolvent’s request, the insolvent is released from imprisonment.

Rulings Related to Creditor and Debtor
Eighty-First Article

1. If the debtor, after being imprisoned, tells the judge in the absence of the creditor that he has paid the debt in cash, the judge may release the said debtor until the property is delivered or by taking a guarantor for the person or property.
2. If the judge imprisons a person’s debtor at his request and that person becomes absent, and the said debtor is proven to be insolvent upon the judge’s inquiry, he may release the debtor on guarantee.
3. Beating the debtor, putting him in chains, tying him up, humiliating him, and making him stand before the creditor in a demeaning manner are prohibited, even if he is in prison. However, if there is fear of his escape, he may be tied and put in chains.
4. Preventing legal visits from relatives and neighbors in prison is prohibited. However, permission should not be given to an unknown visitor.
5. If the creditor dies and has adult and minor children, and the judge has imprisoned the debtor at the request of his adult son, and that adult son requests his release without obtaining the debt, the judge shall not release the said debtor until he takes a guarantee from him for the payment of the right of the creditor’s minor children.
6. The judge may first sell the movable property of the imprisoned debtor to pay the debt. If the debt is not paid, then he may sell the land and house afterwards.
7. If the creditor says the debtor is wealthy, and the debtor says he is poor, whoever proves his claim with witnesses, his witnesses are accepted. If both have witnesses, then the creditor’s witnesses are given precedence.

Second Chapter
Penal Rulings for Those Who Commit Forgery and Counterfeiting in Documents, Adulterate Goods, and Operate Without a License
This chapter consists of the following two sections:

• First Section: Penal Rulings for Those Who Commit Forgery and Counterfeiting in Documents.
• Second Section: Ta’zir Punishments for Those Who Adulterate Goods and Commit Forgery and Counterfeiting in Their Documents.

First Section: Penal Rulings for Those Who Commit Forgery and Counterfeiting in Documents

Rulings for Those Who Commit Forgery and Counterfeiting in Decrees, Orders, Directives, Resolutions, and Court Judgments
Eighty-Second Article

1. If someone forges or counterfeits the following documents, he shall be sentenced to three years imprisonment:
   • Decree, order, or directive of His Excellency the Commander of the Faithful, may God protect him.
   • Order of the Prime Minister.
   • Order of the Chief Justice.
   • Resolution of the Council of Ministers.
   • Judgment and order of a court.
2. The perpetrator of forgery and counterfeiting of the signatures of the persons and seals of the departments mentioned in clause (1) of this article shall also be sentenced to three years imprisonment.
3. Whoever uses one of the counterfeit documents mentioned in clause (1) of this article, knowing it to be forged, shall be sentenced to two years imprisonment.
4. If the perpetrator of the crimes mentioned in clauses (1), (2), and (3) of this article commits the crime repeatedly and the repetition is proven, two years imprisonment shall be added to the original imprisonment.
5. If the perpetrator of the crimes mentioned in clauses (1), (2), and (3) of this article is an employee of Emirate departments, two years imprisonment shall be added to the original imprisonment.

Rulings for Those Who Commit Forgery and Counterfeiting in the Correspondence, Signature, or Seal of Officials
Eighty-Third Article

1. If a person forges or counterfeits the correspondence and seal of the following Emirate departments related to officials and the signatures of these officials, he shall be sentenced to one and a half years imprisonment:
   • Deputy Prime Ministers.
   • Ministers of Ministries.
   • Heads of large independent directorates with separate formation and budget.
   • Governors of provinces.
   • Provincial Security Commanders.
2. If a person forges or counterfeits the correspondence and seal of the following Emirate departments related to officials and the signatures of these officials, he shall be sentenced to one year imprisonment:
   • Deputy Ministers (of Ministries).
   • Heads related to the Supreme Court.
   • Deputy Heads of large independent directorates with separate formation and budget.
3. Whoever uses one of the items mentioned in clause (1) of this article, knowing it to be forged, shall be sentenced to one year and six months imprisonment.
4. Whoever uses one of the items mentioned in clause (2) of this article, knowing it to be forged, shall be sentenced to one year imprisonment.
5. If the perpetrator of the crimes mentioned in clauses (1) and (2) of this article commits the crime repeatedly and the repetition is proven, six months imprisonment shall be added to the original imprisonment.
6. If the perpetrator of the crimes mentioned in clauses (1) and (2) of this article is an employee of Emirate departments, six months imprisonment shall be added to the original imprisonment.

Rulings for Those Who Commit Forgery and Counterfeiting in the Correspondence, Signature, or Seal of Heads, District Governors, and District Security Commanders
Eighty-Fourth Article

1. If a person forges or counterfeits the correspondence and seal of the following Emirate departments related to officials and the signatures of these officials, he shall be sentenced to eight months imprisonment:
   • Heads of ministries and Emirate departments.
   • District Governors.
   • District Security Commanders.
2. Whoever uses one of the items mentioned in clause (1) of this article, knowing it to be forged, shall be sentenced to six months imprisonment.
3. If the perpetrator of the crimes mentioned in clauses (1) and (2) of this article commits the crime repeatedly and the repetition is proven, three months imprisonment shall be added to the original imprisonment.
4. If the perpetrator of the crimes mentioned in clauses (1) and (2) of this article is an employee of Emirate departments, three months imprisonment shall be added to the original imprisonment.

Rulings for Those Who Commit Forgery and Counterfeiting in Official Documents and Emirate Records
Eighty-Fifth Article

1. One who forges or counterfeits official documents (Wathā’iq) related to the courts of the Islamic Emirate of Afghanistan shall be sentenced to three years imprisonment.
2. One who, with knowledge of the forgery and counterfeiting of the official documents mentioned in clause (1) of this article, uses these documents shall be sentenced to two years imprisonment.
3. One who forges or counterfeits the documents and seals of other official and Emirate departments and organizations, and the signatures of their officials, excluding the persons, departments, and officials mentioned in Articles Eighty-Second, Eighty-Third, and Eighty-Fourth of this code, and schools, educational institutions, and banks, shall be sentenced to two years imprisonment.
4. One who, with knowledge of the forgery and counterfeiting of the documents mentioned in clause (3) of this article, uses these items shall be sentenced to one year and six months imprisonment.
5. If the perpetrator of the crimes mentioned in clause (3) of this article commits the crime repeatedly and the repetition is proven, six months imprisonment shall be added to the original imprisonment.
6. If the perpetrator of the crimes mentioned in clause (3) of this article is an employee of an Emirate department, six months imprisonment shall be added to the original imprisonment.

Rulings for Those Who Commit Forgery and Counterfeiting in the Documents of Private and Non-Governmental Public Benefit Organizations
Eighty-Sixth Article

1. One who forges or counterfeits the documents of private and non-governmental public benefit organizations shall be sentenced to six months imprisonment.
2. If the perpetrator of the crime mentioned in clause (1) of this article commits the crime repeatedly and the repetition is proven, three months imprisonment shall be added to the original imprisonment.

Rulings for Those Who Commit Forgery and Counterfeiting in Deeds, Official Documents, and Banknotes
Eighty-Seventh Article

1. A person who counterfeits a deed or official document, or uses a counterfeit deed or official document with knowledge of its counterfeiting, is a criminal; the judge shall sentence him to three years imprisonment.
2. A person who prints forged banknotes or circulates them in the market is a criminal; the judge shall sentence the printer to two years and the circulator to one year imprisonment.

Rulings for Those Who Commit Forgery and Counterfeiting in Industrial Trademarks and Other Properties
Eighty-Eighth Article

1. If someone manufactures an item (compiling a book, making a car, etc.), due to precedence, that item and its commercial benefit are the right of the first manufacturer. Those trademarks and names registered with the government are customarily the right of the registrant. A person who transgresses upon or imitates their rights is a criminal; the judge shall sentence him to three months imprisonment.
2. Mixing bad goods with good goods or selling a bad item under the name of a good item is a crime; the judge shall sentence the perpetrator to one year imprisonment.
3. Selling low-quality medicine under the name and packaging of good medicine, or putting a new date on expired medicine is a crime; the judge shall sentence the perpetrator to one year imprisonment in addition to the destruction of the medicine.
4. A person who cheats and causes deficiency in scales and measures is a criminal; the judge shall sentence him to one month imprisonment.
5. A person who sells disliked items, such as raw or cooked foul-smelling meat, is a criminal; the judge shall sentence him to ten days imprisonment.
6. If a person sells or gives away, without sale, the meat of a forbidden animal or bird, or the meat of a dead animal or bird that is permissible to eat, whether raw or cooked, the judge shall sentence him to one year imprisonment in addition to flogging and public exposure.

Second Section: Ta’zir Punishments for Those Who Adulterate Goods and Commit Forgery and Counterfeiting in Their Documents

Penalties for Importers and Producers of Low-Quality and Substandard Food Products
Eighty-Ninth Article

1. Producers or importers of food products lacking standard quality shall be penalized by the judge as follows:
   • For ordinary quality violation:
     • If from one (1) to ninety (90) tons are produced or imported with ordinary quality violation, and the violator has been warned by the relevant department from the first to the ninth violation, his license shall be suspended by the relevant department for up to two months.
     • If for the first time, more than ten (10) up to one hundred (100) tons are produced or imported with ordinary quality violation, the violator’s license shall be suspended for two months.
     • If more than one hundred (100) tons are produced or imported with ordinary quality violation, the suspension of the violator’s license shall be increased by one month for every additional one hundred (100) tons.
     • In case of repetition of the violation mentioned in parts 2 and 3 of this clause, the suspension period of the violator’s license shall be increased by half of the original period.
2. If the produced or imported goods are confirmed and identified as having an intermediate quality violation, the producer and importer shall be penalized as follows:
   • If the goods mentioned in this clause are produced or imported with intermediate quality violation from one (1) to one hundred (100) tons, the violator’s license shall be suspended by the court for two months and the violator shall be sentenced to imprisonment for the same period.
   • If the goods mentioned in this clause are produced or imported with intermediate quality violation in excess of one hundred (100) tons, the suspension of the violator’s license and his imprisonment shall be increased by one month for every one hundred (100) tons.
   • In case of repetition of the violation mentioned in parts 1 and 2 of this clause, the suspension of the violator’s license and his imprisonment shall be increased by half of the original punishment.
3. If the produced or imported goods are confirmed and identified as having a severe quality violation, the producer and importer shall be penalized as follows:
   • If the goods mentioned in this clause are produced or imported with severe quality violation from one (1) to one hundred (100) tons, the violator’s license shall be suspended by the court for six months and the violator shall also be sentenced to imprisonment for the same period.
   • If the goods mentioned in this clause are produced or imported with severe quality violation in excess of one hundred (100) tons, the suspension of the violator’s license and his imprisonment shall be increased by two months for every one hundred (100) tons.
   • In case of repetition of the violation mentioned in parts 1 and 2 of this clause, the suspension of the violator’s license and his imprisonment shall be increased by half of the original punishment.

Ta’zir Related to Importing Food, Medicinal, or Health Products Without a License or Official Permit
Nineteeth Article

1. If companies or persons import food items, medicines, or health products without a license or official permit through official or smuggling routes, and are discovered and seized by the relevant departments, these items shall be destroyed by court order and the violators shall be given one year imprisonment.
2. If a traveler coming from outside Afghanistan to Afghanistan via land or air transport imports medicines and health products for trade purposes without a doctor’s prescription or personal need, the relevant items shall be confiscated by court order. A written commitment not to repeat this illegal activity must be obtained from him.
3. In case of violation of the commitment mentioned in clause (2) of this article, the violator shall be given three months imprisonment, and in case of repetition, double the previous imprisonment.

Ta’zir for Violations of Importing Companies
Ninety-First Article

1. If an importing company of medicines and health products engages in the import and marketing of medicines and health products without a permit through official and unofficial channels, the following penal penalties shall be imposed:
   • First time: The said medicines and health products shall be destroyed by court order and the activity of its medical center shall be halted for one month.
   • Second time: The medicines and health products shall be destroyed by court order and the activity of its medical center shall be halted for three months.
   • In case of repetition, the violator shall be given double the penalty mentioned in part 2 of clause (1) of this article.
2. If in the shipment arriving at customs, such medicinal items and health products are found whose documents are not available, the related items shall be destroyed by court order and the violator shall be given one year imprisonment.
3. If an importing company of medicines and health products engages in the import and marketing of those medicines and health products whose registration stage in the Ministries of Public Health or Agriculture, Irrigation, and Livestock has not been completed, the following penal penalties shall be imposed:
   • First time: Strong verbal warning to the violator and obtaining a written commitment from him not to repeat this illegal activity.
   • Second time: Halting the activity of its medical center for one month.
   • In case of repetition, the related imported items shall be destroyed by court order.
4. If an importing company of food items, medicines, and health products releases or sells items stored in its standard warehouses before the arrival of quality determination results from the Ministry of Public Health or Agriculture, the following penal penalties shall be imposed:
   • First time: Collection of the sold items from the market and their destruction by court order.
   • Second time: Halting the activity of its medical center for one month.
   • In case of repetition, permanent closure of the medical center’s activity.
5. If an importing company of medicines does not take action to import those essential medicines (Arfān) for which recommendation for import has been given by the Ministry of Public Health, according to the previous schedule, the following penal penalties shall be imposed:
   • First time: Halting its activity for one month.
   • In case of repetition, giving double the previous penalty.
6. If an importing company of medicines does not import the registration certificate page in the Ministries of Public Health and Agriculture, Irrigation, and Livestock within the specified time (70 days), the following penalties shall be imposed:
   • First time: Depriving the said company from registration of that category of medicines for one year.
   • Second time: Depriving it from registration of that category of medicines for two years.
   • Third time: Cancellation of the registration certificate of that category of medicines.
7. If manufacturing plants, importing companies, wholesale outlets, and pharmacies give percentages or other privileges to doctors for the purpose of profit in distributing imported medicines and health products, the following penal penalties shall be imposed by court order:
   • First time: The activity of the manufacturing plant, importing company, wholesale outlet, and pharmacy shall be halted for one month.
   • Second time: The activity of the manufacturing plant, importing company, wholesale outlet, and pharmacy shall be halted for three months.
   • Third time: The responsible person of the manufacturing plant, importing company, wholesale outlet, and pharmacy shall be given three months imprisonment.
   • In case of repetition, the last penalty shall be doubled.
8. If a doctor receives percentages or other privileges from importing manufacturing plants, companies, wholesale outlets, and pharmacies, the following penal penalties shall be imposed by court order:
   • First time: Obtaining a written commitment from him not to repeat and halting his clinic and health activity for one month.
   • Second time: Halting his clinic and health activity for three months and referring the matter to the Ministry of Public Health for necessary official actions.
   • Third time: Revocation of his activity license and permanent prohibition from working in the health field.
9. If license holders of food and medicinal facilities use non-standard transport means for transporting food items, medicines, and health products and store them in non-standard warehouses, the following penal penalties shall be imposed by court order:
   • First time: Obtaining a written commitment from him not to repeat.
   • Second time: Halting his activity for one month.
   • In case of repetition, giving double the last penalty.
10. If persons use non-standard transport means for transporting food items, medicines, and health products without a license and store them in non-standard warehouses, the following penal penalties shall be imposed by court order:
    • First time: Destruction of the said items.
    • Second time: In addition to destruction of the items, giving the violator one month imprisonment.
    • In case of repetition, giving double the last penalty.
11. If a transport company or person transports those food items, medicines, and health products whose importer, in addition to the official trade license, does not have an import permit letter from the Ministry of Agriculture, Irrigation, and Livestock for food items and an import permit letter from the Ministry of Public Health for medicines and health products, his act is considered smuggling. Its perpetrator shall be disciplined by the judge’s order as follows:
    • First time: Destruction of the items and impounding the vehicle involved in that smuggling for one month.
    • Second time: In addition to destruction of the items, impounding the vehicle involved in smuggling for two months and giving the perpetrator one month imprisonment.
    • Third time: In addition to destruction of the items, impounding the vehicle involved in smuggling for three months and giving the perpetrator two months imprisonment.
12. If the employees of airports and aircraft (pilot, engineer, and crew) import food items, medicines, and health products for commercial purposes for the second time, the relevant officials shall introduce them to the court and the judge shall discipline the perpetrator as follows:
    • Destruction of the said items, medicines, and health products.
    • In case of repetition, sentencing to one year imprisonment.
13. Domestic and foreign institutions providing health services shall be penalized by the judge with penal penalties in the following cases along with the circumstances:
    • If they do not purchase food items, medicines, and health products from domestic manufacturing factories, importing companies, and wholesale outlets in accordance with the principles of the Islamic Emirate.
    • If they do not register a license for importing food items, medicines, and health products in the Ministries of Public Health or Agriculture, Irrigation, and Livestock before import.
    • If they do not share the analysis and evaluation certificate pages of each package and shipment number of those food items, medicines, and health products whose quantity and quality analysis and evaluation are not available in Afghanistan, with the Ministry of Public Health from the manufacturing plant.
    • If they do not obtain products manufactured by domestic plants and other necessary food items, medicines, and health products from domestic markets.
    • If necessary food items, medicines, and health products are not available in Afghanistan, they do not import the related products from reliable foreign plants that have obtained a certificate from the World Health Organization.
    • If during the import of food items, medicines, and health products, they do not consider 2/3 of the shelf life of the related items.
    • If during the import of food items, medicines, and health products, they do not observe all the principle documents of the Ministries of Public Health and Agriculture, Irrigation, and Livestock.
    • If after the arrival of food items, medicines, and health products, they do not submit all related original documents to customs and the Ministry of Public Health.
    • If they do not regularly follow up the subject of completing the stages of documents with the relevant departments.
    • If they do not store food items, medicines, and health products in standard warehouses.
    • If during the transport of medicines and health items, they do not use standard transport means.
    • In case of a second violation, destruction of medicines and health products by court order.
    • In case of repetition, revocation of their activity license.
14. If a person imports items under the title of traditional medicine for commercial purposes without an import license for medicines and health products or for treatment purposes without a doctor’s prescription through official and unofficial routes into Afghanistan, this act is considered smuggling. The relevant officials shall introduce him to the court and the judge shall order the destruction of the importer’s items for treatment purposes and discipline the importer for trade purposes as follows:
    • Destruction of the items.
    • Sentencing to thirty-nine lashes and two years imprisonment.
    • Impounding the vehicle involved in that smuggling for three months.
15. The smuggler of prohibited food items, medicines, and health products shall be disciplined by the judge as follows:
    • Destruction of the said items, medicines, and health products.
    • Sentencing the smuggler to two years imprisonment in addition to thirty-nine lashes.
    • Impounding the vehicle involved in that smuggling for three months.
16. If the officials, employees, and all other persons who are connected in any way with Emirate departments assist or guide the smuggler in smuggling, after obtaining incriminating evidence, they shall be dismissed from their positions and sentenced to the smuggler’s penalties.

Penal Rulings for Smuggling Networks
Ninety-Second Article

1. If the smuggling act is through a network (organized group), the leader of the network (organized group) shall be sentenced to ten years imprisonment.
2. For those smugglers of the network (organized group) who offer armed resistance at the time of arrest and as a result, no harm comes to anyone, the following penalty shall be imposed:
   • Destruction of the related items by court order.
   • Each member of the network shall be sentenced to ten years imprisonment.

Penalties for Those Who Commit Forgery and Counterfeiting in Matters Related to Standard and Quality
Ninety-Third Article

1. A person who commits forgery and counterfeiting in matters related to standard and quality shall be disciplined by the judge as follows:
   • If a person separates the number plate from a transport vehicle in which quality-confirmed items are placed and attaches it to another transport vehicle and loads and transfers low-quality items in it, that person: six months imprisonment, and in case of repetition, nine months imprisonment.
   • Forger of an official letter on behalf of the Standard and Quality Directorate: nine months imprisonment, and in case of repetition, thirteen and a half months imprisonment.
   • Signatory on an official letter of the Standard and Quality Directorate: six months imprisonment, and in case of repetition, nine months imprisonment.
   • User of the Quality and Standard mark on his products and services in a forged manner without the official stamp of the Standard and Quality Directorate: six months imprisonment, and in case of repetition, nine months imprisonment.
   • User of a quality certificate page for the products of an importer or producer in a forged manner without the official permit of the Directorate on his products and services: nine months imprisonment, and in case of repetition, thirteen and a half months imprisonment.
   • User of a quality confirmation permit page in his affairs in a forged manner without the official permit of the Standard and Quality Directorate: six months imprisonment, and in case of repetition, nine months imprisonment.
   • Forger in the informational sticker label of the Standard and Quality Directorate: six months imprisonment, and in case of repetition, nine months imprisonment.
   • Forger in the confidence page of the Standard and Quality Directorate, which specifies a person’s ability and competence in specific activities: four months imprisonment, and in case of repetition, six months imprisonment.
   • User of packets for sending official letters of the Standard and Quality Directorate in a forged manner: two months imprisonment, and in case of repetition, three months imprisonment.
   • User of the seal of any branch or source of the Standard and Quality Directorate through forgery: one year imprisonment, and in case of repetition, eighteen months imprisonment.
   • If the seal of a branch of the Standard and Quality Directorate is used by another employee without the permission of the responsible person, the user shall be sentenced to six months imprisonment in addition to dismissal from his position.
   • If a person forges the signature of the Head of the Standard and Quality Directorate, his deputies, technical heads, and commanders in documents related to standard and quality: two years imprisonment, and in case of repetition, thirty months imprisonment.
   • A person who gives a bribe to an employee of the Standard and Quality Directorate for the purpose of performing non-principled work: twelve months imprisonment, and in case of repetition, that person shall be sentenced to eighteen months imprisonment.
   • A bribe-taking employee of the Standard and Quality Directorate: dismissal from his position and twelve months imprisonment.
   • An employee or person of the Standard and Quality Directorate who becomes an intermediary between the bribe giver and bribe taker: eighteen months imprisonment, and in case of repetition, twenty-four months imprisonment.
   • If any person contacts companies and individuals in the name of spokesperson, communications, or representative without the confirmation of the authority: three months imprisonment, and in case of repetition, four and a half months imprisonment.
   • A person who creates forged internet pages, websites, emails, and identity cards in the name of the Standard and Quality Directorate: two years imprisonment for the creator, and the user: one year imprisonment. In case of repetition, half the original imprisonment shall be added to each.
   • If a person delivers low-quality goods instead of quality goods with a document obtained from the Standard and Quality Directorate to the buyer or owner of the quality goods, that person: one year imprisonment, and in case of repetition, eighteen months imprisonment.
2. If a shopkeeper, person, company, or printing press forges items of the Standard and Quality Directorate, they shall be disciplined as follows:
   • Creator of the Quality and Standard mark through forgery: twelve months imprisonment, and in case of repetition, eighteen months imprisonment.
   • Creator of a certificate page through forgery: eighteen months imprisonment, and in case of repetition, twenty-seven months imprisonment.
   • Creator of a confirmation permit page through forgery: twelve months imprisonment, and in case of repetition, eighteen months imprisonment.
   • Creator of a sticker label through forgery: twelve months imprisonment, and in case of repetition, eighteen months imprisonment.
   • Creator of a confidence page through forgery: eight months imprisonment, and in case of repetition, twelve months imprisonment.
   • Creator of packets for sending official letters through forgery: four months imprisonment, and in case of repetition, six months imprisonment.
   • Creator of the seal of any branch or source through forgery: two years imprisonment, and in case of repetition, thirty-six months imprisonment.

Third Chapter
Ta’zir Penalties Related to the Cultivation, Trade, and Transfer of Narcotics
This chapter consists of the following five sections:

• First Section: Ta’zir Penal Penalties Related to Opium Poppy and Cannabis.
• Second Section: Transfer of Opium, Hashish, and Other Narcotics from Abroad to Afghanistan.
• Third Section: Ta’zir Penal Penalties Related to the Sale and Use of Narcotics.
• Fourth Section: Rulings Related to Various Narcotic Substances.
• Fifth Section: Miscellaneous Rulings Related to Narcotics.

First Section: Ta’zir Penal Penalties Related to Opium Poppy and Cannabis

Penalties Related to the Cultivation of Opium Poppy and Cannabis
Ninety-Fourth Article

1. Any person who cultivates opium poppy and cannabis, the judge shall give him the following disciplinary penalties according to the size of the cultivation, in addition to the destruction of the cultivation:
   • If the size of his cultivation was less than half a Jareeb (local land measurement): six months imprisonment.
   • If the size of his cultivation was half a Jareeb: nine months imprisonment.
   • If the size of his cultivation was more than half a Jareeb: one year imprisonment.
   • If the size of his cultivation was more than one Jareeb: six months imprisonment for each additional Jareeb, and for each additional one hundred Jareeb, ten days imprisonment. The maximum imprisonment term shall be seven years.
2. The opium poppy and cannabis cultivator, whether he is the landowner, tenant, farmer, laborer, or partner, are all subject to the rulings mentioned in clause (1) of this article, and imprisonment shall be given according to the mentioned order.

Penalties for Transporters of Opium and Hashish Within Afghanistan
Ninety-Fifth Article

1. Any person who transports hashish or opium within Afghanistan, the judge shall give the transporter the following disciplinary penalties according to the amount of hashish or opium:
   • If the weight of the seized hashish and opium is less than one kilogram: one year imprisonment.
   • If the weight of the seized hashish and opium is one kilogram or more up to five kilograms: two years imprisonment.
   • If the weight of the seized hashish and opium is more than five kilograms up to thirty kilograms: three years imprisonment.
   • If the weight of the seized hashish and opium is more than thirty kilograms: one year imprisonment for every additional twenty kilograms. However, the maximum imprisonment term shall be seven years.
2. The transporter of opium and hashish, whether the owner, partner, or renter of these items, are all subject to the rulings mentioned in clause (1) of this article, and imprisonment shall be given according to the mentioned order.

Alteration in Hashish and Opium After Seizure
Ninety-Sixth Article
If after the seizure of hashish and opium, an alteration or reduction in their weight occurs (reduced by someone or replaced), the accused persons shall be introduced to the relevant court and sentenced to the following penalties:

1. If he altered or reduced less than one kilogram in the seized hashish and opium: one year imprisonment.
2. If he altered or reduced more than one kilogram up to five kilograms in the seized hashish and opium: two years imprisonment.
3. If he altered or reduced more than five kilograms up to thirty kilograms in the seized hashish and opium: three years imprisonment.
4. If he altered or reduced more than thirty kilograms in the seized hashish and opium: one year imprisonment is added for every additional ten kilograms. However, the maximum imprisonment term shall be seven years.

Penalties for Transporters of Bise (?) Materials Made from Opium Within Afghanistan
Ninety-Seventh Article
If a person transports Bise materials from one place to another within Afghanistan, looking at the weight of these materials, they shall be sentenced to the following penalties:

1. If the weight of the seized Bise materials is one kilogram or less than one kilogram, its transporter shall be given two years imprisonment.
2. If the weight of the seized Bise materials is more than one kilogram up to five kilograms, its transporter shall be given three years imprisonment.
3. If the weight of the seized Bise materials is more than five kilograms up to ten kilograms, its transporter shall be given four years imprisonment.
4. If the weight of the seized Bise materials is more than ten kilograms, one year imprisonment is added for every additional two kilograms. However, the maximum imprisonment term shall be seven years.

Alteration in Seized Bise Materials After Seizure
Ninety-Eighth Article
If after the seizure of Bise materials, an alteration occurs or a reduction in their weight occurs (reduced by someone or replaced), the accused persons of this matter shall be introduced to the relevant court and sentenced to the following penalties:

1. If he reduced or replaced less than one kilogram of the seized Bise materials, the perpetrator shall be given two years imprisonment.
2. If he reduced or replaced more than one kilogram up to five kilograms of the seized Bise materials, the perpetrator shall be given three years imprisonment.
3. If he reduced or replaced more than five kilograms up to ten kilograms of the seized Bise materials, the perpetrator shall be given four years imprisonment.
4. If he reduced more than ten kilograms of the seized Bise materials, one year imprisonment is added for every additional two kilograms. However, the maximum imprisonment term shall be seven years.

Second Section: Transfer of Opium, Hashish, and Other Narcotics from Abroad to Afghanistan

Penalties for Transporters of Opium and Hashish from Abroad
Ninety-Ninth Article
If a person transports hashish or opium from abroad to Afghanistan, looking at the weight of the transported hashish or opium, they shall be sentenced to the following penalties:

1. If the weight of the transported hashish or opium is less than one kilogram, its transporter shall be given one year imprisonment.
2. If the weight of the said hashish or opium is more than one kilogram up to five kilograms, its transporter shall be given two years imprisonment.
3. If the weight of the transported hashish or opium is more than five kilograms up to thirty kilograms, its transporter shall be given three years imprisonment.
4. If the weight of this transported hashish or opium is more than thirty kilograms, one year imprisonment is added for every additional ten kilograms. However, the maximum imprisonment term shall be seven years.

Penalties for Transporters of Other Narcotics Except Hashish and Opium to Afghanistan
One Hundredth Article
Transporters of other narcotics (Tramadol, Zikap, Shisha, etc., tablets, heroin, alcohol) from abroad without a license and permit that have no license shall be sentenced to the following penalties according to the amount of these materials:

1. If a person transports these three types of tablets from one tablet to ten tablets from a foreign country, six months imprisonment shall be given.
2. If a person transports more than ten tablets, six months imprisonment shall be added for every additional ten tablets. However, the maximum imprisonment term shall be seven years.

Third Section: Ta’zir Penal Penalties Related to the Sale and Use of Narcotics

Ta’zir Penal Penalties for Seller (Sāqī) of Narcotics
One Hundred First Article
A seller of every type of narcotics – heroin, opium, hashish, Tramadol tablets, Zikap, Shisha, alcohol (250 milligrams) and others – looking at the amount of these materials, shall be sentenced to the following penalties:

1. If these materials are seized with him up to five grams, one year imprisonment shall be given.
2. If more than five grams up to twenty grams are seized with him, two years imprisonment shall be given.
3. If more than twenty grams up to one hundred grams are seized with him, two and a half years imprisonment shall be given.
4. If more than one hundred grams are seized with him, six months imprisonment is added for every additional one hundred grams. However, the maximum imprisonment term shall be seven years.

Ta’zir Penal Penalties for User of Narcotics
One Hundred Second Article
Looking at the condition of the narcotics user (addict), the judge shall give him six months imprisonment.

Fourth Section: Rulings Related to Various Narcotic Substances

Ta’zir Penal Penalties Related to Ephedrine (?)
One Hundred Third Article
The transporter, seller, and buyer of Ephedrine shall be given the following penalties according to the amount of these items:

1. If up to ten kilograms of Ephedrine materials are seized with a person, six months imprisonment shall be given.
2. If more than ten kilograms up to fifty kilograms of Ephedrine materials are seized with a person, one year imprisonment shall be given.
3. If more than fifty kilograms of Ephedrine materials are seized with a person, six months imprisonment is added for every additional fifty kilograms. However, the maximum imprisonment term shall be seven years.

Penalties Related to Shisha (Glass) Factory
One Hundred Fourth Article

1. The owner and workers of a factory of narcotic materials named Shisha shall be given one year imprisonment and their factory shall be destroyed.
2. The buyer, seller, keeper, and transporter of Shisha, according to the amount of these materials, shall be sentenced to the following penalties:
   • If less than one kilogram of Shisha is seized with a person, one year imprisonment shall be given.
   • If more than one kilogram up to five kilograms of Shisha is seized with a person, one and a half years imprisonment shall be given.
   • If more than five kilograms up to ten kilograms of Shisha is seized with a person, two years imprisonment shall be given.
   • If more than ten kilograms of Shisha is seized with a person, six months imprisonment is added for every additional kilogram. However, the maximum imprisonment term shall be seven years.

Penalties Related to Alcohol
One Hundred Fifth Article

1. The producer, seller, buyer, transporter, and that drinker whose Hadd is waived shall be given two years imprisonment and thirty-nine lashes.
2. In the situation mentioned in clause (1) of this article, the seized alcohol shall be destroyed and the transport vehicles of the alcohol transporter shall be burned.

Ta’zir Penal Penalties Related to Poppies
One Hundred Sixth Article
The poppy harvester, buyer, seller, bringer, and factory owner shall be given the following disciplinary penalties:

1. The poppy harvester shall be given ten days imprisonment in addition to the burning of the poppies.
2. The poppy transporter shall be given three months imprisonment.
3. The factory owner and workers of poppies shall be given six months imprisonment and their factory shall be destroyed. If the factory is in a house, the village mosque Imam and village elder, together with the assigned Mujahideen, shall go to the house during the day and destroy the factory.

Ta’zir Penal Penalties for Importer of Acids for Narcotics
One Hundred Seventh Article
For any type of acid on which narcotics are made or mixed with narcotics, if seized without a license, its transporter shall be given the following penalties according to the amount of acids:

1. If seized with someone from one liter to ten liters, three months imprisonment shall be given.
2. If seized with someone from more than ten liters up to fifty liters, six months imprisonment shall be given.
3. If seized with someone more than fifty liters, three months imprisonment is added for every additional ten liters. However, the maximum imprisonment term shall be three years.

Penalties Related to that Medicine Which is Mixed with Opium
One Hundred Eighth Article

1. The bringer, seller, and buyer of that medicine which is mixed with opium shall be given the following penalties according to the amount of this medicine:
   • If seized with someone up to ten kilograms, three months imprisonment shall be given.
   • If seized with someone from ten kilograms up to fifty kilograms, six months imprisonment shall be given.
2. If seized with someone more than fifty kilograms, three months imprisonment is added for every additional ten kilograms. However, the maximum imprisonment term shall be three years.

Fifth Section: Miscellaneous Rulings Related to Narcotics

Article One Hundred Ninth
Regarding the definitiveness of the ruling of the primary court for narcotics penalties.

Penalty for the Original Owner of Narcotics
One Hundred Tenth Article
The original owner of any type of narcotics shall be given the same amount of penalty that is given to the transporter, even if he was not with him during the transfer.

Destruction of Narcotics
One Hundred Eleventh Article
Any narcotics that are produced, imported, bought, sold, transferred, and used are prohibited. The responsible committee shall destroy them in their presence.

Narcotics Imported into Afghanistan
One Hundred Twelfth Article
If narcotics other than the mentioned narcotics are seized from someone entering Afghanistan, and the judge does not know its degree of intoxication, his ruling shall be based on the shape: if in tablet form, his ruling is based on tablets; if in solid form, his ruling is based on hashish; if in liquid form, his ruling is based on acids; and if the judge knows its degree, he shall give the penalty of those items according to whatever degree it is.

Penalty for Employees of the Islamic Emirate Due to Narcotics
One Hundred Thirteenth Article

1. If an employee of the Islamic Emirate is found to have cultivated opium poppy or cannabis, or has opium, hashish, or other narcotics with him, he shall be given the penalty according to the mentioned penalties, and his weapons and equipment shall be taken from him and handed over to the Public Treasury Registration and Monitoring Directorate.
2. The person mentioned in clause (1) of this article, if caught for the mentioned act for the second time, shall be expelled from the ranks of the Islamic Emirate.

Ruling on Those Narcotics for Which a License is Obtained
One Hundred Fourteenth Article
Those narcotics for which a license is obtained are exempted from the penalties mentioned in this code for their license holders.

Penalty for Transfer of Narcotics from Afghanistan to Foreign Countries
One Hundred Fifteenth Article
Any narcotics whose import into Afghanistan is a crime and cause for Ta’zir, its transfer from Afghanistan to other countries is also a crime, and its perpetrator shall be given the same penalty given to the importer.

Penalty for the Perpetrator in Case of Repetition of Crime
One Hundred Sixteenth Article
The perpetrator of the mentioned crimes related to narcotics for the second time shall be given double the mentioned penalties, and his transport vehicles shall be burned.

Compilation of Procedures
One Hundred Seventeenth Article
The Supreme Court may compile procedures for the purpose of better implementation of the rulings of this code.

Amendment or Repeal
One Hundred Eighteenth Article

1. Amendment or repeal of the rulings of this code, after passing the legislative stages, is presented to His Excellency the Commander of the Faithful, may God protect him, for decree.
2. Amendment or repeal of the rulings of this code is only with the approval of His Excellency the Commander of the Faithful, may God protect him.

Enforcement
One Hundred Nineteenth Article

1. This code is effective from the date of its decree.
2. This code shall be published in the official gazette and all those laws, regulations, and procedures that are not approved, endorsed, or decreed by His Excellency the Commander of the Faithful, Sheikh of the Qur’an and Hadith, Mawlawi Hibatullah Akhundzadah, may God protect him, are considered null and void.

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