New Taliban Law Says 'Silence Of Virgin Girl' Counts As Consent For Marriage

The Taliban government in Afghanistan has introduced a new family law regulation that lays out rules around marriage, divorce, and child marriage under its interpretation of Islamic law. The 31-article decree, titled “Principles of Separation Between Spouses", was approved by Taliban supreme leader Hibatullah Akhundzada. The document was published in Afghanistan's official gazette and outlines procedures related to marriage disputes, separation, guardianship, and annulments under Taliban rule, reported Amu TV. One of the most debatable articles of the decree recognises the silence of a "virgin girl" as consent to marriage. However, a boy's or a married woman's silence cannot be taken to mean consent. The document allows marriages between minors in certain cases and gives fathers and grandfathers authority over such arrangements. The law states that a marriage of a minor boy or girl arranged by relatives can be considered valid if the bridegroom is deemed socially suitable and the dowry meets religious standards. This rule incorporates the legal doctrine of khiyar al-bulugh, or “option after puberty,” which allows a marriage contracted before adolescence to be annulled at the child's request upon reaching puberty. Annulment requires the consent of the religious courts. In addition, a marriage is not legally valid if the partner is deemed unsuitable or if the dowry is excessively unbalanced.