Taliban’s New Family Law: Virgin Girl’s Silence Equals Consent to Marriage, Child Marriage Allowed Under New Decree
The Taliban government in Afghanistan has introduced a sweeping new family law regulation governing marriage, divorce, and child marriage under its interpretation of Islamic law, drawing fresh international condemnation and raising serious concerns over women's and girls' rights in the country.
The Taliban government in Afghanistan has introduced a sweeping new family law regulation governing marriage, divorce, and child marriage under its interpretation of Islamic law, drawing fresh international condemnation and raising serious concerns over women's and girls' rights in the country.
The 31-article decree, titled "Principles of Separation Between Spouses", was approved by Taliban supreme leader Hibatullah Akhundzada and published in Afghanistan's official gazette. One of its most controversial provisions recognises the silence of a "virgin girl" as consent to marriage, while explicitly stating that the silence of a boy or a married woman cannot be interpreted as consent. Taliban Imposes New Restrictions on Women: Taliban Silences Afghan Women With New Laws, Bans Public Speaking.
The decree also permits marriages between minors in certain cases, granting fathers and grandfathers authority over such arrangements. A marriage involving a minor can be considered valid if the bridegroom is deemed socially suitable and the dowry meets religious standards. The regulation incorporates the legal doctrine of khiyar al-bulugh, or "option after puberty", which allows a marriage contracted before adolescence to be annulled at the child's request upon reaching puberty, subject to approval by religious courts. Taliban Legalises Domestic Violence Without ‘Broken Bones’ in New Afghanistan Penal Code.
The law also authorises Taliban judges to intervene in disputes involving allegations of adultery, religious conversion, prolonged absence of husbands, and zihar - a classical Islamic concept in which a husband compares his wife to a female relative he is forbidden to marry. Judges may order separation, imprisonment, or other punishment in such cases.
The decree arrives amid mounting global criticism of the Taliban's systematic restrictions on women and girls since returning to power in August 2021. Girls in Afghanistan have been barred from schooling beyond sixth grade, women have been banned from universities, and severe restrictions have been imposed on their employment, travel, and public participation. Rights groups have described the new family law as yet another step in the Taliban's institutionalisation of gender-based discrimination.
(The above story first appeared on LatestLY on May 17, 2026 09:59 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).