‘Virgin girl’s silence is consent’: Taliban’s new Afghanistan law sparks child marriage outrage

The Taliban has introduced a controversial new family law in Afghanistan governing marriage, divorce and child marriage, prompting criticism from rights activists 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, according to Afghan broadcaster Amu TV.

Among the most controversial provisions is a clause stating that the silence of a “virgin girl” after reaching puberty may be treated as consent for marriage. The regulation specifies, however, that silence from a boy or a previously married woman would not automatically count as consent.

The decree also invokes the Islamic legal principle of “khiyar al-bulugh”, or the “option upon puberty”, which allows individuals married as children to seek annulment after reaching adulthood. Under Article 5, child marriages arranged by relatives other than a father or grandfather may still be recognised if the spouse is considered socially suitable and the dowry acceptable, though annulment requests would require approval from a Taliban court.

The new rules grant fathers and grandfathers broad authority over child marriages, while Taliban judges are empowered to intervene in disputes involving adultery allegations, apostasy, forced separation and missing husbands. Child marriages may be invalidated if guardians are found abusive or morally unfit.

The move comes amid continuing international criticism of the Taliban’s restrictions on women and girls since the group returned to power in 2021. The regime has imposed sweeping curbs on women’s education, employment and participation in public life.

Rights advocates condemned the new regulation, arguing that child marriage cannot involve genuine consent. Political commentator Fahima Mahomed warned that treating silence as approval effectively strips girls of their agency and voice.