The Taliban have officially legalised child marriage in Afghanistan under a new family law regulation introduced in 2024. The 31-page document, known as the Principles of Separation Between Spouses, outlines strict marital rules that allow marriage arrangements involving minors and interpret silence from young girls as consent.
This new legal framework marks a significant step in the erosion of women’s rights since the Taliban returned to power in August 2021.
Child Marriage Legalised
Article 5 of the regulation recognises marriages arranged by relatives other than a girl’s father or grandfather, provided the groom is considered socially compatible and the dowry is appropriate. Despite some provision for annulment after reaching puberty, this requires a formal court order, restricting a child’s ability to refuse the marriage.
Consent Rules Grant Silence
As under Article 7, the regulation explicitly states that a “virgin girl’s” silence counts as consent to marriage, a double standard not applied to males or previously married women. This provision effectively removes a girl’s meaningful right to refuse marriage in a society where speaking out can bring severe punishment.
Judicial Powers And Domestic Enforcement
Taliban judges are empowered to intervene in marital disputes, including cases of apostasy, adultery, and absence of the husband. Enforcement measures include imprisonment and physical punishment, giving authorities sweeping control over personal lives.
Harsh Penal Codes Against Women
The family law follows a controversial penal code allowing husbands to beat their wives without serious repercussions unless physical injuries can be legally demonstrated—a process made difficult by the requirement for women to remain fully covered and be accompanied by a male guardian in court. Women can also face imprisonment for visiting family without their husband’s permission.
Wider Oppression Of Women
Since the Taliban regained control, restrictions on women’s education, employment, and movement have intensified. The new family law regulation is part of a broader campaign that tightly controls Afghan society, extending even to rules on men’s beards and other aspects of daily life.
Originally published by UKNIP.
