Taliban New Nikah Law Explained: Silence of virgin girls will be considered as consent to marriage

A news has come out from Afghanistan which has sparked a new debate across the world regarding women’s rights, child marriage and forced marriage. The Taliban government has implemented a new family law related to marriage, divorce and separation of husband and wife, but the most controversy is over the rule which states that if a virgin girl remains silent on a marriage proposal, then her silence can be considered as ‘consent’.

In a country where there are already restrictions on girls’ education, employment and public life, now accepting ‘silence’ as a girl’s approval is surprising the whole world. From human rights organizations to women’s rights activists, this law is being criticized everywhere. People say that this is not just a law but an attempt to eliminate the voice of women.

After all, what is the new law of Taliban?

This new law consisting of 31 articles has been published in the official gazette after the approval of Taliban Supreme Leader Hibatullah Akhundzada. This is being called ‘Principles of separation between husband and wife’ or ‘Rules and principles of marital separation’. This law covers many sensitive issues like marriage, divorce, child marriage, missing husband, allegations of adultery, religious conversion and forced separation. But the most discussed rule is that the silence of a virgin girl should be considered as approval for marriage.

Will the girl’s silence now be considered as her approval?

According to the new rule of Taliban, if a girl has become an adult and does not say anything on the marriage proposal, then her silence can be considered as ‘yes’. That means, if the girl does not openly refuse, she will be considered ready for marriage. However, this same rule will not apply to boys or already married women. Their silence will not be considered as consent. Most questions are being raised regarding this double rule. Critics say that this law takes away the right of girls to express their opinion and turns their silence into compulsion.

What is ‘Khiyar al-Bulugh’ and what is the big secret hidden in it?

The Islamic principle “Khiyar al-Bulugh” is also mentioned in this law. This means that if a child has been married at a young age, he can seek annulment of that marriage after attaining majority. But here also a big condition has been imposed. If a relative other than the father or grandfather has solemnized the marriage and the groom is considered “socially suitable”, the marriage can be considered valid. Not only this, to end such a marriage, the approval of the Taliban court will be required. That means the final decision will be in the hands of the court, not the girl.

Have father and grandfather got more rights?

In the new law, fathers and grandfathers have been given considerable rights in arranging marriage of minor children. However, the law also states that if the parents are found to be “tyrannical” or “immoral”, the marriage can be declared void. Apart from this, Taliban judges have also been given the right to intervene in cases like adultery, religious conversion and husband’s disappearance for a long time. This means that now the role of Taliban courts has become stronger in family disputes.

Is this a new episode of increasing restrictions on women?

After returning to power in 2021, the Taliban has continued to impose strict rules on women. Restricting girls’ access to higher education, excluding women from many jobs, and limiting their presence in public life have already drawn international criticism. Now the new marriage law is being considered as the next step in the same sequence. Women’s rights activists say that this law is not an attempt to keep women equal but under control.