Hasht-e Subh Analyzes 'Subordinates' Term in Taliban's Penal Principles

Hasht-e Subh has published an analysis of the term 'forudestan' (subordinates) in the Taliban's recently issued 'Penal Principles' document. The article argues that the document contains elements reminiscent of slavery and a class-based order, particularly in Article 9 of Chapter 2, titled 'Degrees of Ta'zir Based on Life.'

This article divides society into four distinct classes: scholars and elders, aristocracy, middle class, and subordinates. According to the analysis, punishments under ta'zir (discretionary penalties) vary according to an individual's class status. For example, it posits a scenario where four people from each class commit theft, suggesting differing levels of punishment based on their social rank.

The piece contrasts this classification with international standards, noting the 1948 Universal Declaration of Human Rights' prohibition of slavery, which has been endorsed by all UN member states. It emphasizes that while social stratification exists economically in societies for policy purposes, no legal system defines social status as a basis for rights or punishments. Laws, it states, apply equally to all humans regardless of class, with equality rooted in human dignity.

Hasht-e Subh highlights the absence of a formal constitution more than four years into Taliban rule, which has led to expanded discretionary powers for courts. This vacuum, the analysis claims, allows for rulings influenced by personal mediation rather than codified law. The document's class divisions are described as horizontal rather than hierarchical, yet indicative of a stratified system where credibility and punishment severity depend on social standing.

The article frames 'forudestan' as referring to society's marginalized, poor, and underprivileged, akin to Gramsci's concept of subaltern classes, and criticizes its legal codification as unprecedented and contrary to egalitarian principles.