Silence Of Virgin Girl Will Count As Consent: Taliban introduces law to recognize child marriage

New Delhi: The Taliban government in afghanistan has introduced a new family law regulating marriage, divorce and child marriage, drawing criticism from rights groups and international observers over provisions related to consent and guardianship.

The 31-article regulation, titled “Principles of Separation Between Spouses,” was reportedly approved by Taliban supreme leader Hibatullah Akhundzada and published in the regime’s official gazette earlier this month.

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New Consent Clause Draws Criticism

One of the most debated provisions in the law states that the silence of a “virgin girl” after reaching puberty may be interpreted as consent for marriage.

The regulation reportedly distinguishes between unmarried girls and other individuals, stating that silence from a boy or a previously married woman would not automatically qualify as consent.

The decree also references the Islamic legal concept of “khiyar al-bulugh,” or “option upon puberty,” under which a person married as a child may seek annulment after becoming an adult. However, annulment requests would require approval from Taliban courts.

Expanded Powers for Guardians

Under the new rules, fathers and grandfathers are given significant authority in matters related to child marriage arrangements.

The regulation states that marriages arranged by relatives other than a father or grandfather may still be recognized if the match is considered socially acceptable and the dowry appropriate.

Taliban courts have also been granted wider powers to intervene in disputes involving adultery accusations, apostasy, missing spouses and forced separations.

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International Criticism Continues

The latest decree comes amid continuing global criticism of the Taliban’s policies towards women and girls since returning to power in 2021. The Taliban administration has faced international scrutiny over restrictions on women’s education, employment and participation in public life.

Rights advocates and commentators have argued that child marriage cannot involve meaningful consent and warned that treating silence as approval risks removing a girl’s agency in marriage decisions.

The new regulations have intensified concerns among international observers about the future of women’s rights and personal freedoms in Afghanistan.

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