Kabul : The Taliban regime in Afghanistan has introduced a controversial new family law governing issues such as marriage, divorce and child marriage, triggering concern. 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.
One of the most criticised provisions states that the silence of a “virgin girl” after reaching puberty may be treated as consent for marriage. 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.
The decree grants fathers and grandfathers extensive authority in approving child marriages, although such unions could be invalidated if guardians are deemed abusive or morally unfit. Taliban judges have also been given powers to intervene in disputes involving adultery allegations, religious conversion and cases where husbands remain absent for long periods. The regime has imposed sweeping restrictions on women, including bans on higher education, limits on employment and tighter controls over public life.
Mahomed also rejected claims that the Taliban’s interpretation reflected Islam broadly. “As a Muslim, I would also strongly reject the idea that this reflects Islam as a whole. The Qur’an itself speaks against compulsion and mistreatment of women, so the Taliban’s position should not be presented as ‘Islamic law’ in a broad sense,” she added.
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