'Silence Of Virgin Girl Will Count As Consent': Taliban Introduces Law To Recognise Child Marriage

Last Updated:May 17, 2026, 16:10 IST

Taliban approves new family law on marriage and divorce, allowing silence of a "virgin girl" as consent, expanding fathers authority over child marriage.

The Taliban regime in Afghanistan has introduced a contentious new family law covering marriage, divorce and child marriage, sparking concern among rights groups and international observers.

The 31-article regulation, called “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.

Taliban’s New Marriage Law Faces Criticism

The new rules deal with issues such as child marriage, missing spouses, adultery allegations, apostasy and forced separation. One clause drawing strong criticism states that the silence of a “virgin girl" after puberty can be treated as consent for marriage. In contrast, silence from a boy or a previously married woman would not automatically be accepted as consent.

The regulation also refers to “khiyar al-bulugh," or the “option upon puberty," an Islamic legal principle allowing a person married as a child to request annulment after reaching adulthood. Article 5 says 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. However, annulment would require approval from a Taliban court.

The decree further grants fathers and grandfathers extensive authority over child marriages, although such unions could be invalidated if guardians are found abusive or morally unfit. Taliban judges are also empowered to intervene in disputes involving adultery accusations, religious conversion and prolonged absence of husbands.

Taliban’s Restrictions On Afghan Woman

The announcement comes as the Taliban continues to face global condemnation over restrictions imposed on Afghan women and girls since returning to power in 2021, including bans on higher education and limits on work and public life.

“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," political commentator Fahima Mahomed told the New York Post.

“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.

News world 'Silence Of Virgin Girl Will Count As Consent': Taliban Introduces Law To Recognise Child Marriage

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