The list consists of 31 articles entitled: “The principles of separating spouses” It was approved by Taliban supreme leader Hibatullah Akhundzada and published in the regime’s official gazette in mid-May, according to Afghanistan’s Amo TV channel.The document sets out rules that include child marriage, missing spouses, forced separation, apostasy, accusations of adultery and other religious and legal matters.One of the most controversial rulings states that a “virgin girl’s” silence after puberty can be interpreted as consent to marriage.
The regulation says that the silence of a previously married boy or woman is not automatically considered consent.The decree also addresses the “option of puberty” or “option of puberty,” a concept in Islamic jurisprudence under which a child who marries at an early age may request annulment after reaching puberty.According to Article 5 of the Regulation, if relatives other than the child’s father or grandparent arrange the marriage of a minor, the marriage can still be considered legally valid if the spouse is deemed socially compatible and the dowry is appropriate.
The child may later request cancellation, but only through a Taliban court order.Another stipulates that a marriage involving an “incompatible” spouse or an unfair dowry is not considered valid.The regulation gives parents and grandparents broad authority over child marriages, although it says such marriages can be annulled if guardians are found to be abusive, mentally unfit or morally corrupt.The document also allows Taliban judges to intervene in disputes involving accusations of adultery, religious conversion, prolonged absence of husbands and “zihaar,” a classic Islamic concept in which a husband compares his wife to a female relative whom he is forbidden to marry. Under these provisions, judges may order dismissal, imprisonment or punishment in certain cases.The latest decree comes amid growing international criticism of the restrictions imposed by the Taliban on women and girls since its return to power in August 2021.Girls in Afghanistan have been banned from education beyond the sixth grade, women have been prevented from attending universities, and severe restrictions have been imposed on work, travel and public participation.Many international organizations have described the Taliban’s policies as a system of “gender apartheid.” According to Girls Not Brides, nearly a third of Afghan girls are married before the age of 18.“Child marriage is not marriage in any sense,” political commentator Fahima Muhammad told the New York Post, criticizing the Taliban’s rules. “A child cannot properly consent, and treating silence as consent is dangerous because it completely removes the girl’s voice.”She added: “As a Muslim, I also strongly reject the idea that this reflects Islam as a whole. The Qur’an itself speaks against the coercion and abuse of women, so the Taliban’s position should not be presented as ‘Islamic law’ in the broad sense.”
