Virgin girl's silence is consent: Taliban legalises child marriage in Afghanistan

The Taliban has published a new family law in Afghanistan covering marriage, divorce and child marriage. Rights advocates say the rules deepen concerns over consent and women's autonomy under Taliban rule.

In Short

• Thirty-one new articles cover divorce, missing spouses, apostasy and forced separation
• Silence by a pubescent unmarried girl may be treated as consent
• Article 5 lets some minor marriages stand after suitability and dowry checks

The Taliban regime in Afghanistan has introduced a controversial new family law governing issues such as marriage, divorce and child marriage, triggering concern among rights activists and international observers.

The 31-article regulation, titled “Principles of Separation Between Spouses”, was approved by Taliban supreme leader Hibatullah Akhundzada and recently published in the regime’s official gazette, as per a report by Afghan broadcaster Amu TV.

The new rules address matters including child marriage, missing spouses, adultery allegations, apostasy and forced separation. One of the most criticised provisions states that the silence of a “virgin girl” after reaching puberty may be treated as consent for marriage. However, the regulation says silence from a boy or a previously married woman would not automatically qualify as consent.

The decree also references the Islamic legal concept of “khiyar al-bulugh”, or the “option upon puberty”, which allows individuals married as children to seek annulment after reaching adulthood. Under Article 5, marriages arranged for minors by relatives other than a father or grandfather may still be considered valid if the spouse is deemed socially suitable and the dowry acceptable. Any annulment, however, would require approval from a Taliban court.

The regulation grants fathers and grandfathers broad authority over child marriages, although such unions may be invalidated if guardians are found abusive or morally unfit. Taliban judges have also been empowered to intervene in cases involving adultery accusations, religious conversion and husbands who remain missing for long periods.

The move comes as the Taliban continues to face international criticism over restrictions imposed on Afghan women and girls since returning to power in 2021. These measures include bans on higher education for women, restrictions on employment and severe limitations on women’s participation in public life.

Rights advocates have strongly criticised the new law. Political commentator Fahima Mahomed said child marriage cannot involve meaningful consent and warned that treating silence as approval effectively strips girls of their voice and autonomy.

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