Taliban declares ‘virgin girl’s silence’ as consent under new marriage law of Afghanistan

The new law lays out rules on a range of family matters, including child marriage, missing spouses, allegations of adultery, apostasy and forced separation between couples.

The Taliban administration in Afghanistan has introduced a controversial new family law covering marriage, divorce, and child marriage, prompting sharp criticism from rights groups 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, according to Afghan broadcaster Amu TV.

The new law lays out rules on a range of family matters, including child marriage, missing spouses, allegations of adultery, apostasy, and forced separation between couples.

One of the most disputed clauses states that the silence of a “virgin girl” after reaching puberty may be interpreted as consent to marriage. The regulation, however, does not apply the same standard to boys or previously married women, whose silence would not automatically be treated as approval.

The decree also refers to the Islamic legal principle known as “khiyar al-bulugh”, or the “option upon puberty”, under which individuals married during childhood may later seek to annul the marriage after reaching adulthood.

Under Article 5 of the regulation, marriages arranged for minors by relatives other than a father or grandfather may still be recognised as valid if the proposed spouse is considered socially appropriate and the dowry deemed acceptable. Any request to annul such a marriage would need approval from a Taliban court.

The law gives fathers and grandfathers sweeping authority over child marriages, although it states such unions can be overturned if guardians are found to be abusive or morally unfit.

Taliban judges have also been granted powers to intervene in disputes involving accusations of adultery, religious conversion and cases where husbands have gone missing for extended periods.

The latest decree comes as the Taliban continues to face mounting international criticism over its treatment of Afghan women and girls since returning to power in 2021.

Since regaining control of the country, the regime has imposed wide-ranging restrictions on women, including banning them from higher education, limiting employment opportunities and severely curbing their presence in public life.

Rights advocates and political commentators reacted strongly to the new regulation, particularly the provisions linked to child marriage and consent.

Fahima Mahomed argued that child marriage cannot involve genuine consent and warned that treating silence as approval effectively denies girls their voice and personal autonomy.