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Taliban Publishes Family Law That Validates Some Child Marriages and Silent ‘Consent’

The measure formalises child marriage under Taliban rule, expanding religious courts' control over family life.

Overview

  • The Taliban issued a 31-article decree called Principles of Separation Between Spouses, approved by Hibatullah Akhundzada and published in the official gazette in mid-May.
  • Article 7 says a virgin girl's silence after puberty may be treated as consent to marriage, a standard that does not apply to boys or previously married women.
  • Article 5 recognises some marriages arranged for minors by relatives other than a father or grandfather if the spouse is deemed socially compatible and the dowry acceptable, with annulment only through Taliban courts after puberty under the khiyar al-bulugh doctrine.
  • The regulation enlarges the reach of Taliban religious judges, who can rule on adultery, apostasy, husbands' prolonged absence, and zihar, and can order separation, imprisonment, or other penalties.
  • Rights groups say the decree entrenches child marriage and deepens curbs on women and girls, noting reports of poverty-driven bride deals of $500–$3,000 and that nearly one-third of Afghan girls marry before 18.