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Taliban introduces law to recognise child marriage, under new rule, ‘silence of a virgin girl’ can signal…

The Taliban regime in Afghanistan has recently introduced a controversial new family law governing child marriage, divorce, and marriage. The regulation drew widespread criticism from rights activists and international observers.

The 31-article regulation, titled “Principles of Separation Between Spouses,” was approved by Hibatullah Akhundzada, the supreme leader of the Taliban, and published in the regime’s official gazette, according to a report by Afghan broadcaster Amu TV.

“Virgin girl’s silence counts as consent”

The new document addresses issues including missing spouses, child marriage, apostasy, adultery allegations, and forced separation. One of the most contentious clauses states that the silence of a “virgin girl” upon attaining puberty may be deemed as consent for marriage. The law, however, says silence from a boy or a previously married woman cannot be treated as consent.

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What does the article state?

The decree also references “khiyar al-bulugh”, or the “option upon puberty”, which enables child marriages to be annulled after reaching adulthood. According to Article 5, marriages arranged by relatives other than a minor’s father or grandfather may still remain valid if the spouse is found to be socially suitable and the dowry appropriate. However, any annulment would need approval from a Taliban court.

Authority to fathers, grandfathers over child marriage

Another provision states that marriages involving an unfair dowry or a “non-compatible” spouse would be considered invalid. The regulation grants fathers and grandfathers broad authority over child marriages. Such marriages would be considered invalid if guardians are found to be abusive, corrupt or morally unfit.

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Taliban judges can intervene in disputes like…

The document further empowers Taliban judges to intervene in matters involving adultery, prolonged absence of husbands, religious conversion, and “zihar.” Under these provisions, judges may order imprisonment, separation, or punishment in some cases. The latest move comes amid rising global criticism of the Taliban’s restrictions imposed on Afghan women and girls since returning to power in 2021.

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