Current Version
| Region | Afghanistan |
| Issue | Homosexual activity |
| Status | Male illegal, female legal |
| Start Date | Oct 7, 1976 |
| End Date | 1996 |
| Description | In 1976, Afghanistan’s 1976 Penal Code went into effect. Article 427 criminalized pederasty. Pederasty was an undefined offense, understood by some observers to include not only sexual activity with minors but also consensual sex between adult men. Zina, which means sex outside of marriage, was technically punishable by the death penalty under Sharia law. However, between 1976 and 1996, there were no reports of this punishment being carried out against individuals convicted of same-sex sexual acts. |
| Sources | https://www.warnathgroup.com/wp-content/uploads/2015/03/Afghanistan-Penal-Code.pdf https://www.clearygottlieb.com/-/media/files/irap/coi-reports/lgbtq-pdf.pdf https://www.hrw.org/report/2022/01/26/even-if-you-go-skies-well-find-you/lgbt-people-afghanistan-after-taliban-takeover |
Revision History (9)
edited by Unknownmiles. Reread the report and have decided to change the status.
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0 | Old Value | New Value (Current) | |
|---|---|---|
| Value | (REMOVED) | Male illegal, female legal |
| Special Status | Ambiguous | Male illegal, female legal |
edited by Unknownmiles. Adding more info
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Description | In 1976, Afghanistan’s 1976 Penal Code went into effect. Article 427 criminalized pederasty. Pederasty was an undefined offense, understood by some observers to include not only sexual activity with minors but also consensual sex between adult men. | In 1976, Afghanistan’s 1976 Penal Code went into effect. Article 427 criminalized pederasty. Pederasty was an undefined offense, understood by some observers to include not only sexual activity with minors but also consensual sex between adult men. Zina, which means sex outside of marriage, was technically punishable by the death penalty under Sharia law. However, between 1976 and 1996, there were no reports of this punishment being carried out against individuals convicted of same-sex sexual acts. |
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edited by Unknownmiles. Making entry into a previous entry
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0 | Old Value | New Value | |
|---|---|---|
| Value | Illegal (death penalty as punishment) | (REMOVED) |
| Special Status | Illegal (death penalty as punishment) | Ambiguous |
| End Date | (none) | 1996 |
| Description | Article 427 states homosexuality will suffer long imprisonments (along with Adultery.) In addition, article 398 states that honour killing is encouraged. | In 1976, Afghanistan’s 1976 Penal Code went into effect. Article 427 criminalized pederasty. Pederasty was an undefined offense, understood by some observers to include not only sexual activity with minors but also consensual sex between adult men. |
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| Sources | https://www.humandignitytrust.org/country-profile/afghanistan/ | https://www.warnathgroup.com/wp-content/uploads/2015/03/Afghanistan-Penal-Code.pdf https://www.clearygottlieb.com/-/media/files/irap/coi-reports/lgbtq-pdf.pdf https://www.hrw.org/report/2022/01/26/even-if-you-go-skies-well-find-you/lgbt-people-afghanistan-after-taliban-takeover |
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edited by Unknownmiles. Replacing broken link
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0 | Old Value | New Value | |
|---|---|---|
| Sources | https://www.unodc.org/tldb/showDocument.do?documentUid=2100 | https://www.humandignitytrust.org/country-profile/afghanistan/ |
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| Old Value | New Value | |
|---|---|---|
| Value | Legal | Illegal (death penalty as punishment) |
| Description | xxxxxxxxx | Article 427 states homosexuality will suffer long imprisonments (along with Adultery.) In addition, article 398 states that honour killing is encouraged. |
Reports (5)
- Sources are invalid or broken "The source leads to a 404. (https://www.unodc.org/tldb/showDocument.do?documentUid=2100)."
- Status is not correct "Illegal (jail not death penalty in the law) : Since the takeover by the Taliban in August 2021 as Afghanistan’s de facto government, the extent to which the legal frameworks of the Islamic Republic of Afghanistan are still in force has become unclear. In August 2021, senior commander Waheedullah Hashimi broadly explained how the government would be run and indicated that a council of Islamic scholars would determine the new legal system. The new government, according to Hashimi, would be guided "by Islamic law, not the principles of democracy". In October 2021, Human Rights Watch reported that Taliban officials in Afghanistan were implementing strict regulations from a Ministry of Vice and Virtue manual. These regulations impose severe restrictions, particularly on women, prohibiting actions like adultery, same-sex relations, and "immorality." Allegations of these offences must be reported for potential punishment. Even when legal certainty regarding consensual same-sex sexual acts has been lacking, well-documented evidence reveals that de facto authorities have imposed severe penalties based on perceived or known sexual orientation, gender identity, or expression. These penalties include imprisonment, public flogging, and capital punishment. ILGA World's report "Our Identities under Arrest" compiles numerous cases of arrests and executions carried out by the Taliban.
Prior to the Taliban takeover, same-sex sexual acts were criminalised. In February 2018, a new Penal Code (2017) was enacted. This Penal Code explicitly criminalised consensual same-sex sexual conduct, whereas, before 2018, the code did not do so explicitly. Instead, Article 427 imposed a "long imprisonment" term for the offence of "pederasty".
Under the 2017 Penal Code, "sodomy" was outlawed under Section 646, defined as "the penetration of a male sexual organ into a female or a male anus, regardless of the depth of penetration". These crimes carried a punishment of up to two years in prison. Section 648 added certain aggravating conditions to this offence. Section 645 made "mosaheghe" (feminine same-sex sexual acts without penetration) punishable by up to one year of imprisonment, while Section 649 penalised "tafkhiz" (same-sex sexual acts not involving penetration) between a male offender and another man with up to one year in prison. Additionally, Section 650 criminalised "ghavadi" (incitement of two or more people to commit adultery or sodomy by introducing them to each other or finding them a place to do so).
https://database.ilga.org/afghanistan-lgbti"
- Sources are invalid or broken
- Sources are invalid or broken
- Sources are invalid or broken
| Old Value | New Value | |
|---|---|---|
| Value | Illegal (death penalty as punishment) | Legal |
| Description | Article 427 states homosexuality will suffer long imprisonments (along with Adultery.) In addition, article 398 states that honour killing is encouraged. | xxxxxxxxx |
| Old Value | New Value | |
|---|---|---|
| Description | Article 427 states homosexuality will suffer long imprisonments (along with Adultery.) In addition, article 398 states that honour killing is legal . | Article 427 states homosexuality will suffer long imprisonments (along with Adultery.) In addition, article 398 states that honour killing is encouraged. |
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Reports (1)
- All information is correct, just adding sources "This is sad"
edited by LGBT_southeastasian
Helpful?
0 | Old Value (Original) | New Value | |
|---|---|---|
| Description | Article 427 states homosexuality will suffer long imprisonments (along with Adultery.) In addition, article 398 states that honour killing is legal | Article 427 states homosexuality will suffer long imprisonments (along with Adultery.) In addition, article 398 states that honour killing is legal . |
Show Difference | ||
Reports (1)
- Sources are invalid or broken "Link not working."
| Original entry | |
|---|---|
| Status | Illegal (death penalty as punishment) |
| Start Date | Oct 7, 1976 |
| End Date | (none) |
| Description | Article 427 states homosexuality will suffer long imprisonments (along with Adultery.) In addition, article 398 states that honour killing is legal |
| Sources | https://www.unodc.org/tldb/showDocument.do?documentUid=2100 |
Reports (3)
- Newer law has been passed
- Status is not correct
- Sources are invalid or broken "https://www.unodc.org/tldb/pdf/afghanistan_penal_code.pdf"