There are 31 articles in this regulation, titled
“Principles of Separation of Spouses” According to Afghan media Amu TV, Taliban supreme leader Hibatullah Akhundzada approved the plan and published it in the regime’s official gazette in mid-May.
The document outlines rules covering child marriage, missing husbands, forced separation, apostasy, accusations of adultery and other religious and legal matters.
One of the most controversial provisions states that a “virgin’s” silence after reaching puberty may be interpreted as consent to marriage. However, the provision states that silence by a boy or a married woman does not automatically constitute consent.
The decree also addresses “khiyar al-bulugh,” or “puberty option,” a concept in Islamic jurisprudence whereby children married at a young age can seek annulment of the marriage after reaching puberty.
According to Article 5 of the regulations, if a minor is arranged by a relative other than his father or grandfather, the marriage will still be legally valid if the spouse has strong social adaptability and the dowry is appropriate. The children may then seek to have the marriage annulled, but only by a Taliban court order.
Another provision said marriages involving “incompatible” spouses or unfair dowry would be deemed invalid.
The provision gives broad powers to fathers and grandfathers over child marriages but states that such marriages may be annulled if the guardian is found to be abusive, mentally unsound or morally corrupt.
The document further empowers Taliban judges to intervene in disputes involving accusations of adultery, religious conversion, husbands’ prolonged absences and “zihar”, a classic Islamic concept in which a husband compares his wife to a female relative who is prohibited from marrying.
Under these provisions, a judge can order isolation, imprisonment or punishment in certain circumstances.
The latest decree comes amid growing international criticism of the Taliban’s restrictions on women and girls since they returned to power in August 2021.
Afghan girls are prohibited from receiving education beyond sixth grade, women are barred from entering universities, and employment, travel and public participation are severely restricted.
Some international organizations have described the Taliban’s policies as a system of “gender apartheid.” According to Girls Not Brides, nearly one-third of Afghan girls are married before the age of 18.
“Child marriage is not a marriage in any meaningful sense. Children cannot properly consent, and treating silence as consent is dangerous because it completely eliminates girls’ voices,” political commentator Fahima Mohammad told the New York Post, criticizing the Taliban’s new rules.
“As a Muslim, I also strongly disagree with the idea that this reflects Islam as a whole. The Quran itself is against coercion and abuse of women, so the Taliban’s position should not be considered ‘Islamic law’ in the broadest sense,” she added.