Girl’s silence will be considered as approval for marriage, Taliban’s new ‘family law’ implemented in Afghanistan

The Taliban government in power in Afghanistan has implemented a new and highly controversial ‘Family Law’. In this new law, many such strict rules related to marriage, divorce and child marriage have been set, which are being strongly criticized by human rights activists and international analysts around the world.

According to a report by Afghan media outlet ‘Amu TV’, this new law has been named ‘Principle of Separation between Husband and Wife’. This entire legal draft, consisting of a total of 31 articles, has been given its final approval by Taliban Supreme Leader Hibatullah Akhundzada, after which it has also been published in the official gazette of the government. The scope of this new regulation mainly covers very sensitive cases like child marriage, missing husband, allegations of adultery, religious conversion (leaving Islam) and forced separation.

The girl’s silence will be her ‘yes’.

The rule of this law that is being criticized and opposed the most is related to the consent of women. According to the new provision, if a ‘virgin girl’ remains silent on her marriage proposal after attaining puberty, then her silence will be considered as her final consent or agreement to the marriage. However, it has also been made clear in the law that the silence of a man or an already married woman (widow or divorced) will not be considered as their consent.

Father and grandfather get bigger rights on child marriage

This new law also mentions ‘Khiyar al-Bulugh’ (the right of people married in childhood to cancel the marriage when they reach adulthood). According to Article 5 of the law, even if a relative other than the father or grandfather has arranged the marriage of a minor, that marriage will still be legally valid as long as the spouse is socially eligible. However, any marriage annulment would ultimately require approval from a Taliban court. Under the new rules, fathers and grandfathers have been given wide rights in cases of child marriage. But, if the guardian is found to be violent or immoral, such marriages can be invalidated. Additionally, Taliban judges have been given free rein to take final decisions in cases involving allegations of adultery, religious conversion and long-missing husbands.

Taliban government surrounded from all sides at international level

After the introduction of this new law, the anger of human rights organizations has increased further. Political analyst Fahima Mohammed has reacted sharply, saying that child marriage can never involve genuine consent. Taking a girl’s silence as her approval is actually suppressing her voice, rights and freedom completely. It is noteworthy that since returning to power in the year 2021, the Taliban government has been continuously imposing new restrictions on Afghan women and girls. The Taliban is already isolated globally by banning women from higher education, restricting their jobs and eliminating their participation in public life.