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.

The decree authorises Taliban judges to intervene in disputes involving allegations of adultery, religious conversion, prolonged absence of husbands, and zihar - a classical Islamic concept in which a husband compares his wife to a female relative he is forbidden to marry. 

Under these provisions, judges may order separation, imprisonment or other punishment in certain cases. The latest rule comes amid growing international criticism of the Taliban's restrictions on women and girls since returning to power in August 2021. Girls in Afghanistan have been barred from schooling beyond sixth grade, women have been banned from universities and severe restrictions have been imposed on their employment, travel and public participation.