'Silence of virgin can be treated as consent': Taliban’s new marriage law legalising child marriage sparks outrage

The Taliban regime in Afghanistan has introduced a controversial new family law governing marriage, divorce and child marriage, drawing criticism from rights groups and international observers.

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

Law allows silence to be treated as consent

Among the most criticised provisions is a clause stating that the silence of a “virgin girl” after puberty may be interpreted as consent to marriage. However, silence from a boy or a previously married woman would not automatically qualify as consent under the regulation.

The law also addresses issues related to child marriage, missing spouses, adultery accusations, apostasy and forced separation.

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Another provision references “khiyar al-bulugh,” or the “option upon puberty,” an Islamic legal principle allowing individuals married as children to seek annulment after reaching adulthood.

Article 5 states that marriages arranged for minors by relatives other than a father or grandfather may still be recognised if the spouse is considered socially suitable and the dowry acceptable. Any annulment, however, would require approval from a Taliban court.

Broad powers given to guardians and Taliban courts

The decree grants fathers and grandfathers extensive authority in approving child marriages, although such unions could be invalidated if guardians are deemed abusive or morally unfit.

Taliban judges have also been given powers to intervene in disputes involving adultery allegations, religious conversion and cases where husbands remain absent for long periods.

Fresh criticism over restrictions on women

The announcement comes amid continuing global criticism of the Taliban’s policies toward Afghan women and girls since the group returned to power in 2021.

The regime has imposed sweeping restrictions on women, including bans on higher education, limits on employment and tighter controls over public life.

Political commentator Fahima Mahomed criticised the new regulation, saying child marriage cannot involve meaningful consent.

“Child marriage is not marriage in any meaningful sense. A child cannot properly consent, and treating silence as consent is dangerous because it removes a girl’s voice completely,” she told the New York Post.

Mahomed also rejected claims that the Taliban’s interpretation reflected Islam broadly.

“As a Muslim, I would also strongly reject the idea that this reflects Islam as a whole. The Qur’an itself speaks against compulsion and mistreatment of women, so the Taliban’s position should not be presented as ‘Islamic law’ in a broad sense,” she added.