A Difficult Truth: This Is Not Foreign to Legal History
For Canadians, it can be tempting to view this Taliban edict as something entirely separate from our own legal traditions. But historically, Canadian law, rooted in British common law, also treated married women as the legal property of their husbands.
Under the doctrine of coverture, a woman’s legal existence was effectively suspended upon marriage. She could not own property independently, sign contracts, or pursue legal action without her husband. Property she brought into marriage or earned during it was considered legally his.
Reforms began in the late nineteenth century, including provincial Married Women’s Property Acts, passed in Ontario in 1884, Manitoba in 1900, and much later in Quebec where married women did not gain full legal and property rights until 1964. Even then, the shift toward full legal personhood was gradual, shaped by court interpretations that often-framed women as dependents needing protection rather than autonomous individuals.
Milestones such as Canadian federal suffrage in 1918 and the recognition of some women as legal “persons” in 1929 marked significant change, but they did not instantly dismantle the structures that positioned women within male authority, nor did they extend equally to all women. These were governance choices that determined who would be recognized as a full political subject and who would remain regulated by colonial, racialized, and patriarchal law.
First Nations, Inuit, and Métis women continued to be governed under the Indian Act, which restricted status and political participation; Black women and other racialized women faced structural barriers rooted in exclusionary immigration and voting policies; Chinese, Japanese, and South Asian women were denied federal voting rights until the mid-twentieth century; and even within settler society, married women, particularly in Quebec, faced legal incapacity well into the 1960s. These were governance choices that determined whose autonomy would be recognized and whose movement would remain regulated.
This historical context is relevant not necessarily because Canada is comparable to Afghanistan today. There is no direct comparison. However, the trouble for women in Afghanistan reminds us that gender hierarchy has existed within Western legal systems. The rights women hold today were won through struggle and must be defended whenever political forces attempt to narrow autonomy or safety.
Beyond One Law: An Ecosystem of Control
The Taliban’s penal code exists within a broader system of restrictions affecting education, employment, mobility, healthcare, and speech. Each rule may appear administrative on its own. Together, they create an ecosystem where independence becomes nearly impossible. Legal procedure becomes a tool of control from requirements to appear with a male guardian to evidentiary thresholds that render coercive control invisible, as documented by Rawadari and reported by JURIST:
• Physical abuse is effectively permitted unless it results in broken bones or open wounds, and even when severe visible injuries occur, penalties may be limited to short periods of detention, reframing domestic violence as discipline rather than crime.
• Victims and survivors carry the burden of proof, required to present injuries before a judge, remain fully covered, and often appear alongside a husband or male guardian even when the guardian is the alleged abuser.
• Visible injury becomes the threshold for justice, rendering coercive control, psychological violence, and many forms of abuse legally invisible.
• Mobility and refuge are regulated, with married women facing potential imprisonment for visiting family members without a husband’s permission deepening the narrowing the pathways out of domestic violence.
• Public discussion itself becomes risky, as rights groups report that speaking openly about the law may be treated as a criminal act, further isolating victims and survivors and limiting collective response.
Domestic violence is not only legalized, but any resistance to it is also administratively suffocated.