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Afghanistan faces backlash over marriage decree

The Taliban has introduced a new family law decree in Afghanistan that formally outlines rules surrounding marriages involving minors, including provisions related to “virgin girls,” according to Afghan media outlet Amu TV.

The 31-article regulation, titled “Principles of Separation Between Spouses,” was reportedly approved by Taliban Supreme Leader Hibatullah Akhundzada and published in the group’s official gazette in mid-May.

Human rights organizations say the decree further institutionalizes child marriage in Taliban-controlled Afghanistan, where poverty has driven some families to arrange marriages for very young girls in exchange for money. Reports indicate that some marriage agreements involve infants, with families using the payments to cover debts or basic living expenses.

According to advocacy group Girls Not Brides, nearly one-third of Afghan girls are married before the age of 18. Human rights groups estimate that payments linked to child marriages can range from $500 to $3,000.

Under the new regulations, a girl married as a minor may seek to annul the marriage after reaching puberty, but only with approval from a Taliban court. The decree also reportedly states that the silence of a “virgin girl” can be interpreted as consent to marriage.

The legal framework addresses marriage dissolution under various religious and legal circumstances, including child marriage, missing spouses, forced separation, breastfeeding-related family ties, and adultery allegations.

The decree grants authority over child marriages primarily to fathers and grandfathers, while allowing courts to overturn arrangements if guardians are found to be abusive, mentally unfit, or morally corrupt.

Since returning to power in August 2021, the Taliban has imposed widespread restrictions on women and girls in Afghanistan. International organizations, including Amnesty International, have described the system as a form of gender apartheid.

Critics argue the new regulations further weaken protections for women and children. Political commentator Fahima Mahomed said child marriage cannot involve meaningful consent and warned that interpreting silence as agreement effectively removes girls’ ability to make their own choices.

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