The Taliban administration in Afghanistan has introduced a controversial new set of family law regulations governing marriage, divorce and child marriage, prompting renewed international criticism of the treatment of women and girls under the regime.
The new regulation, officially titled “Principles of Separation Between Spouses,” comprises 31 articles and was approved by the Taliban’s supreme leader, Hibatullah Akhundzada. According to reports from the Afghan media outlet Amu TV, the decree was formally published in the regime’s official gazette earlier this month.
The legal framework addresses a wide range of family and religious matters, including child marriage, forced separation, allegations of adultery, missing spouses, apostasy and marital disputes.
One of the provisions attracting the strongest international criticism states that the silence of a virgin girl after reaching puberty may be treated as consent to marriage. The regulation specifies that silence from boys or previously married women would not automatically be recognised as consent.
The decree also refers to “khiyar al-bulugh,” or the “option upon puberty,” a principle of Islamic jurisprudence that allows a child married at a young age to seek annulment after reaching maturity.
Under Article 5 of the regulation, marriages arranged for minors by relatives other than a child’s father or grandfather may still be legally recognised if Taliban authorities deem the spouse socially compatible and the dowry acceptable. Although the regulation provides that a child may later seek annulment, any such request can be processed only through Taliban-controlled courts.
The document further notes that marriages involving a spouse deemed socially “incompatible” or involving what authorities consider an unfair dowry would not be recognised as valid.
At the same time, the decree grants significant authority to fathers and grandfathers to arrange child marriages. However, it also says such marriages could be overturned if guardians are found to be abusive, mentally unfit or morally corrupt.
Additional provisions empower Taliban judges to intervene in disputes involving allegations of adultery, religious conversion, prolonged absence of husbands, and “zihar,” a classical Islamic concept in which a husband compares his wife to a female relative with whom marriage would be religiously forbidden.
In certain cases, Taliban courts may order separation, punishment or imprisonment under the new framework.
The latest decree has intensified global concerns about the Taliban’s policies since the Taliban returned to power in August 2021. Since then, girls in Afghanistan have been banned from education beyond the sixth grade, women have been excluded from universities, and sweeping restrictions have been imposed on employment, travel and participation in public life.
Several international organisations and human rights advocates have described the Taliban’s policies as a form of “gender apartheid,” arguing that women and girls are systematically excluded from basic freedoms and opportunities.
According to the advocacy organisation Girls Not Brides, nearly one-third of girls in Afghanistan are married before the age of eighteen.
Political commentator Fahima Mahomed strongly criticised the Taliban’s latest regulations, particularly the issue of consent for minors.
“Child marriage is not marriage in any meaningful sense. A child cannot properly consent, and treating silence as consent is dangerous because it completely removes a girl’s voice,” political commentator Fahima Mahomed told the New York Post, criticising the Taliban’s new rules.
“As a Muslim, I would also strongly reject the idea that this reflects Islam as a whole. The Qur’an itself opposes compulsion and the mistreatment of women, so the Taliban’s position should not be presented as ‘Islamic law’ in a broad sense,” she added.
The new regulations are expected to deepen further tensions between the Taliban regime and the international community, as concerns continue to mount over human rights, women’s freedoms and the future of girls in Afghanistan.
The world is shocked by this law, which treats young girls and women as men’s slaves. Such a mindset belongs not to the 21st century but to the dark ages of the 5th century. In a world that speaks of equality, freedom, and human rights, this law is unacceptable. Women deserve respect, dignity, and the right to live independently and with equal opportunities.