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The Taliban’s new family law in Afghanistan has sparked outrage after reports said the silence of a “virgin girl” could be treated as consent for marriage.
News18
The Taliban government in Afghanistan has introduced a new family law regulation that has sparked criticism online, especially over a provision that reportedly treats the silence of a “virgin girl” as consent for marriage. The new decree lays out rules related to marriage, divorce, guardianship and separation under the Taliban’s interpretation of Islamic law.
According to reports by Amu TV, the regulation was approved by Taliban supreme leader Hibatullah Akhundzada and published in Afghanistan’s official gazette. The decree contains 31 articles dealing with family matters and legal disputes between spouses.
Rules Around Marriage Consent
One of the most debated parts of the decree states that if a “virgin girl” remains silent during a marriage proposal, that silence can be considered consent for marriage.
However, the same rule does not apply to boys or women who were previously married. Their silence cannot be treated as agreement.
The regulation also reportedly gives fathers and grandfathers authority in arranging marriages for minors in certain situations.
According to the law, such marriages may be considered valid if the groom is seen as socially suitable and if the dowry follows religious standards, as per reports. The decree includes the concept of “khiyar al-bulugh,” also known as the “option after puberty.”
Under this rule, a child married before reaching adulthood can later ask for the marriage to be cancelled after puberty. However, the annulment process still requires approval from religious courts.
Judges Given Wider Authority
The new regulation also gives Taliban judges powers to intervene in several family-related disputes. According to the decree, judges can handle cases involving allegations of adultery, religious conversion, long absence of husbands and “zihar”, a traditional Islamic concept where a husband compares his wife to a female relative he cannot marry. In some cases, judges may order separation, punishment or imprisonment.
The law comes at a time when the Taliban government continues to face global criticism over restrictions imposed on women and girls after returning to power in August 2021.
Girls in Afghanistan have been barred from attending school beyond sixth grade. Women are also banned from universities and face restrictions on work, travel and public participation.
Social Media Reacts Strongly
The news triggered sharp reactions online, with many users criticising the decree and calling it harmful to women and children.
“What kind of fu**** up, sick and sh** thinking these guys have to make a rule like that. Please god give these guys the cruellest level of suffering. It is literal hell!!!” a user wrote.
Another commented, “I know it’s their culture but man oh man is that wrong. This absolutely is against the morals and values of Americans.”
“The Taliban’s new 31-article decree legalises child marriage by letting fathers and grandfathers marry off girls, treating a child’s silence as consent. This is a blatant violation of the UN Convention on the Rights of the Child and basic human dignity. Child marriage is not a culture. It is abuse,” another person wrote.
“It is extremely disgusting, they are using children and women like sex toys,” another comment read.
A user added, “Tragic that those young girls are only seen as an economic liability and that marriage is the only option out of poverty for their parents.”
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