Child marriage has long been a persistent issue in Afghanistan. A 2021 report by UNICEF estimated that 28% of women aged 15 to 49 in the country were married before turning 18.
Recently, the Taliban regime in Afghanistan issued a new decree allowing guardians to arrange marriages for minors, without setting a minimum age for marriage.
According to reports on July 1, this appears to be the first time the Taliban has quietly recognized child marriage through legislation, sparking criticism from the UN, human rights groups, and legal scholars.
Article 5 of the new decree states that a child’s guardian has the right to arrange a marriage for the minor, and the marriage contract is considered legal. Article 7 allows a virgin who has reached puberty to remain silent, which is treated as consent to the marriage.
The new decree also appears to indicate that a wife cannot divorce her husband simply because he is absent or fails to provide financial support.
Following this, protests erupted in Kabul against the new law, with several women’s rights organizations condemning the provisions as a form of “systematic violence” targeting women and children.
“This decree further institutionalizes discrimination,” said Georgette Gagnon, Deputy Special Representative of the UN Assistance Mission in Afghanistan. “When combined with measures restricting girls’ education and women’s participation in public life, it further consolidates a system that strips Afghan women and girls of their autonomy, opportunities, and access to justice.”
Afghan human rights lawyer Fereshta Abbasi said such laws grant men significant power and “effectively remove all protections for women.” She added, “Under the current system, as a girl, you no longer have legal protection or recourse to the courts for relief.”
Since the Taliban regained power in 2021, it has taken a series of steps to restrict women’s rights.
A Taliban government spokesperson dismissed criticisms of the new decree. In an interview, he said, “We should not pay attention to the protests of those who are hostile to us and biased against the foundations of the Islamic religion and system.”
