Taliban Approves 31-Article Family Law on Marriage and Divorce

The Taliban’s supreme leader Hibatullah Akhundzada has approved a 31-article family law regulation governing marriage and divorce rules in Afghanistan, with the document published in the regime’s official gazette in mid-May. The regulation, titled Principles of Separation Between Spouses, lays out procedures that allow children’s marriages to be treated as legally valid in specified circumstances while expanding the role of Taliban courts and religious judges in family disputes.

Among the most scrutinized provisions is one addressing consent in marriage. The regulation states that the silence of a virgin girl after reaching puberty may be interpreted as consent to marriage, while silence by a boy or a previously married woman does not automatically carry the same meaning. The text also includes a concept from Islamic jurisprudence known as khiyar al-bulugh, or the option upon puberty. Under this framework, a child married at a young age may seek annulment after reaching puberty, but only through a Taliban court order.

Article 5 focuses on how some minors’ marriages are handled when relatives arrange the match. It says a marriage contracted for a minor, arranged by a relative...