Taliban Codifies Child Marriage & Silent Consent In New Family Law Decree

Afghanistan's Taliban authorities have formalised a comprehensive family law framework, issuing a 31-article decree that sets out regulations for marriage, divorce, guardianship, and annulments under their interpretation of Islamic law. The regulation, titled Principles of Separation Between Spouses, was personally approved by Taliban supreme leader Hibatullah Akhundzada and formally published in the country's official gazette.

Among the decree's most contentious provisions is a clause that interprets a "virgin girl's" silence during marriage proceedings as her consent. The same provision, however, explicitly states that silence cannot be treated as consent when it comes to a boy or a previously married woman, a distinction that critics say enshrines a legal double standard.

The decree also opens the door to child marriages in specific circumstances. Fathers and paternal grandfathers are granted authority to arrange such unions, which may be considered legally binding provided the prospective groom is deemed socially appropriate and the agreed dowry satisfies religious requirements. A long-standing Islamic legal principle, khiyar al-bulugh, or the "option of puberty" , is incorporated into the decree, allowing a marriage entered into before adolescence to be dissolved at the child's request once they come of age, though any annulment must receive clearance from religious courts.

A marriage may also be voided if the chosen partner is considered an unsuitable match, or if a significant imbalance exists in the dowry arrangement.

Taliban-appointed judges are granted broad authority to intervene in several domestic disputes. These include allegations of adultery, renouncing Islam, and the classical concept of zihar, in which a husband likens his wife to a female relative who is forbidden to him under Islamic law. Judges may also act when a husband has been absent for an extended period. Depending on the circumstances, such interventions can result in forced separation, imprisonment, or other punitive measures.

The decree arrives against a backdrop of deepening international alarm over the Taliban's treatment of women and girls since reclaiming control of Afghanistan in August 2021. Girls have been prohibited from attending school beyond the sixth grade; women have been expelled from universities; and severe curbs have been placed on female employment, freedom of movement, and participation in public life.