The Taliban administration in Afghanistan introduced a new family law regulation, outlining rules around marriage, divorce, and children under its take on Islamic law. The order, “Principles of Separation Between Spouses”, contains 31 articles and was approved by Taliban supreme leader Hibatullah Akhundzada.
According to Amu TV, the decree was published in Afghanistan’s official gazette and included regulations regarding marriage disputes, separation, guardianship, and annulments under the Taliban rule.
An article in the document drew attention due to its recognition of the silence of a “virgin girl” as consent to marriage. However, the silence of a boy or a married woman cannot be deemed as consent.
It also allows marriages between minors in certain cases and gives fathers and grandfathers the authority over the arrangements. This law validates the marriage of a minor boy or girl arranged by relatives if the groom is considered socially suitable and the dowry meets religious standards. It also incorporates the doctrine of khiyar al-bulugh, or “option after puberty’, which allows a marriage that occured before adolescence to be annulled at the child’s request upon reaching puberty. The annulment requires the consent of religious courts.
The official order also gives power to Taliban judges to act in disputes involving adultery, religious conversion, prolonged absence of husbands, and zihar, which is a classical Islamic concept in which a husband compares his wife to a female relative, whom he is forbidden to marry. The judge can order separation, imprisonment, or other punishment in these situations.
Taliban has been drawing international criticism regarding its attitude towards women’s rights after taking over the Afghanistan government in Auguts 2021. They banned the female population from pursuing education after sixth grade, leading to girls and women withdrawing from schools and universities. They also imposed strict restrictions on their employment, travel, and public participation.
