Afghanistan Faces Global Criticism After Taliban Legalise Child Marriage

Afghanistan’s Taliban administration has issued a new family law that covers marriage, divorce and child marriage, drawing sharp concern from rights groups and foreign observers, who fear deeper legal control over women and children under a system already criticised for curbs on basic freedoms.

The regulation, called "Principles of Separation Between Spouses", contains 31 articles and was approved by Taliban supreme leader Hibatullah Akhundzada before its publication in the regime’s official gazette, according to Afghan broadcaster Amu TV, which first highlighted many of its controversial provisions.

Taliban family law and consent rules for child marriage

One highly debated clause says the silence of a "virgin girl" who has reached puberty may be treated as acceptance of marriage, while the same silence from a boy or a previously married woman would not count as consent, raising worries that pressure could be hidden behind supposed agreement.

The text refers to the Islamic legal concept "khiyar al-bulugh", translated as the "option upon puberty", which allows people married off as children to ask a court to annul the union after adulthood, although any decision on such petitions would rest with Taliban judges.

Taliban family law and powers of fathers, courts and guardians

Article 5 states that if relatives other than a father or grandfather arrange a minor’s marriage, the union can still be judged valid when the spouse is socially acceptable and the dowry meets expectations, but any move to cancel that marriage needs approval from a Taliban court.

The regulation hands fathers and grandfathers wide powers over child marriages, while also allowing courts to void unions if guardians are considered abusive or morally unfit, and it authorises Taliban judges to rule on cases involving adultery claims, religious conversion and spouses who disappear for lengthy periods.

Taliban family law within wider restrictions on Afghan women

The introduction of the new rules comes while the Taliban already faces strong international criticism for policies that have blocked most Afghan women and girls from higher education since 2021, limited many forms of employment and sharply reduced women’s participation in Afghan public life.

Rights advocates argue the family law fits a broader pattern of shrinking space for women and girls in Afghanistan and could formalise practices around child marriage that activists have long opposed, especially in rural areas where families may already marry off daughters at very young ages.

Political commentator Fahima Mahomed said child marriage cannot involve meaningful consent and warned that treating silence as approval effectively strips girls of their voice and autonomy, a concern that resonates with international organisations that track early marriage and coercion in conflict-affected societies.

Taken together, the family law’s consent rules, the strong authority granted to male guardians and the decisive role assigned to Taliban courts show how the regime intends to regulate intimate family matters, while continuing to face criticism at home and abroad over women’s rights and legal protections.