Taliban’s Controversial Law Allows Silence of Virgin Girls as Consent For Marriage

The 31 article decree, called 'Principles of Separation Between Spouses' has been passed by the Taliban supremo Hibatullah Akhundzada and has recently been printed in the regime's official gazette. The decree covers issues such as child marriage, the whereabouts of an absent husband, adultery, apostasy and forced separation. 

Silence Treated As Consent For Marriage

One of the more contentious points states that a 'virgin girl' who remains silent after reaching puberty could have her consent presumed for the marriage. However, for a boy or for a married woman this is not automatically assumed to be the case. Rights campaigners have condemned the new law. Political Commentator Fahima Mahomed explained that consent cannot exist in child marriage. This idea that silence constitutes agreement, basically silences girls altogether and takes away their right to agency. 

Child Marriage Annulment Needs Court Approval

The ruling refers to the Islamic concept of Khiyar al-bulugh or 'option upon puberty' which allows individuals married as children to annul their marriages when they reach adulthood. Under article 5, Marriages made with minors, if by someone other than a father or grandfather, are valid, provided they are suitable to society and of proper dowry. However, an annulment cannot take place without an order of a Taliban court. An invalid marriage was also said to include that of an 'incompatible' person, and marriage made for an improper dowry. 

Fathers and Taliban Judges Gain Authority

The role of fathers and grandfathers in arranging child marriages was significant, however these were able to be declared invalid if a guardian was found abusive or morally corrupt. Taliban judges were also able to step in where an allegation of adultery had occurred, or a change of religion had occurred and where the husband of the marriage had gone missing for a protracted length of time. 

Global Concern Over Taliban Women Policies

The ruling has been passed at a time when the Taliban are receiving increasing international condemnation over their stance on women's rights following their takeover in August 2021, including bans on girls attending secondary schools and universities, restricted work opportunities and a serious decline in public visibility.