The United Nations has denounced a new legal framework established by the Taliban that legitimizes child marriage. These regulations introduce guidelines for girls reaching puberty and interpret silence as consent to wed.

The 31 articles of the 'Principles of Separation Between Spouses'

The Taliban has introduced a comprehensive regulatory document titled the 'Principles of Separation Between Spouses,' which consists of 31 articles. According to the report, this regulation outlines the conditions under which marriages may be dissolved, covering a wide array of religious and legal scenarios. These include issues such as breastfeeding relations, apostasy, accusations of adultery,and the disappearance of husbands.

While the document ostensibly manages the dissolution of marriage, it effectively codifies the practice of child marriage.. by establishing guidelines for children who are "reaching puberty," the Taliban administration has created a legal pathway to validate unions involving minors, which the United Nations mission warns erodes fundamental protections for children in Afghanistan.

How silence is interpreted as consent for 'virgin girls'

One of the most contentious aspects of the new Taliban rules is the interpretation of a girl's silence. As the report says, the regulation states that if a "virgin girl" remains silent when asked about marriage upon reaching puberty, that silence can be legally interpreted as consent to the union. This mechanism removes the requirement for explicit, free, and full consent from the child.

The United Nations has raised significant alarms over these provisions, noting that they undermine the basic human rights of adolescent girls. By equating silence with agreement,the Taliban administration creates a legal envirnoment where forced marriages can be sanctioned under the guise of religious and legal compliance, leaving young girls with virtually no agency over their own lives.

The role of Taliban judges in physical punishment and imprisonment

Enforcement of these marriage and divorce regulations is handled by Taliban judges, who possess the authority to use severe disciplinary measures. The report indicates that judges may employ imprisonment and physical punishment to ensure that the population complies with the 'Principles of Separation Between Spouses.'

This climate of fear ensures that Afghan women and girls are unlikely to challenge the legality of their marriages or report abuses. Because the threat of physical violence is systemic, many adolescent girls remain trapped in marriages contracted during their childhood, unable to seek redress through a judicial system that is designed to enforce the will of the state rather than protect the individual.

A continuation of the restrictive regime since August 2021

The introduction of these child marriage guidelines is not an isolated event but part of a broader pattern of systemic oppression. Since the Taliban returned to power in August 2021 , the administration has steadily dismantled the rights of women and girls across Afghanistan, restricting their access to education, employment, and public spaces.

This latest regulation echoes the broader trend of the Taliban using religious interpretations to justify the erasure of women's autonomy. By codifying child marriage, the regime further cements a social structure where women are treated as dependents rather than citizens, mirroring the restrictive policies implemented across the country over the last few years.

Who is monitoring the application of 'khiyar al-bulugh'?

The regulation does include a section on khiyar al-bulugh, an Islamic legal provision that allows for the annulment of a marriage contracted during childhood once the person reaches puberty. However, it remains unclear how often this option is actually granted or if it is being used as a symbolic gesture to deflect international criticism.

There is currently no data provided in the report regarding how many girls have successfully invoked khiyar al-bulugh to escape forced unions. Furthermore, the source does not mention if the Taliban has provided any safe mechanism for girls to request such annulments without facing the aforementioned physical punishment from judges.