Taliban Decree: 'Silence as Consent' for Girls, Child Marriage Formalized

The Taliban regime in Afghanistan has recently introduced a new and highly controversial family law regulation, titled 'Principles of Separation Between Spouses,' which has been formally approved by their supreme leader, Hibatullah Akhundzada, and published in the official gazette in mid-May 2026. This 31-article decree significantly redefines marriage, divorce, and the status of women and girls in the country, drawing immediate and widespread criticism from international observers and human rights organizations. A central and most alarming aspect of this new regulation is Article 7, which explicitly states that 'the silence of a virgin girl after reaching puberty may be interpreted as consent to marriage.' This provision, unlike those pertaining to boys or previously married women, who require explicit consent, effectively removes a virgin girl's agency in marriage decisions. Critics argue that this interpretation fundamentally undermines the concept of free and informed consent, a cornerstone of international human rights law regarding marriage. Furthermore, the regulation formally recognizes and provides guidelines for marriages involving minors. Article 5 specifies that if relatives other than a child's father or grandfather arrange the marriage of a minor, the marriage contract can still be considered legally valid if the spouse is deemed 'socially compatible' and the dowry 'appropriate.' While it states that the child may later seek annulment after reaching puberty, this can only be done through a court order, placing a significant burden on the individual. The decree also reinforces the broad authority of fathers and grandfathers in arranging child marriages, although it includes a provision that such marriages could be invalidated if guardians are found to be abusive, mentally unfit, or morally corrupt. This latest decree is not an isolated incident but rather another step in the Taliban's systematic rollback of women's and girls' rights since their takeover of Afghanistan in August 2021. Since regaining power, the Taliban have imposed severe restrictions, including banning girls from education beyond the sixth grade, prohibiting women from universities, and severely limiting their employment opportunities, movement, and public participation. These policies have been widely condemned by the United Nations and other international bodies, with some describing the situation as 'gender apartheid.' Child marriage has long been a concerning issue in Afghanistan, exacerbated by decades of conflict, poverty, and deeply entrenched patriarchal norms. Reports from UNICEF and other organizations indicate a significant surge in child marriages since the Taliban's return to power, with families resorting to marrying off their daughters due to economic desperation and a lack of educational and employment prospects for girls. The previous civil code had set the minimum marriage age for girls at 16, but this law has not been reinstated by the Taliban, further contributing to the vulnerability of underage girls. The international community, including various UN agencies and human rights groups, has consistently highlighted the deteriorating human rights situation in Afghanistan, particularly concerning women and girls. The formalization of child marriage and the 'silence as consent' clause in this new regulation are seen as a severe blow to any hopes for the protection and advancement of women's rights in the country. It underscores the urgent need for continued international pressure and engagement to advocate for the fundamental rights and dignity of Afghan women and girls.

Frequently Asked Questions

Read Full Story on Quick Digest