"A girl's silence upon reaching puberty can be interpreted as consent to marriage."
UN Condemns New Taliban Decree Permitting Child Marriage
The United Nations has expressed grave concern over Decree No. 18, issued by Afghanistan's Taliban government, which includes provisions that the world body says effectively permits child marriage. The decree, published by Afghanistan's justice ministry, states that a girl's silence upon reaching puberty can be interpreted as consent to marriage. It also outlines new rules for judicial separation of spouses.
Key Provisions of the Decree:
- The decree states that silence of a girl at puberty may be taken as consent to marriage. The UN Assistance Mission in Afghanistan (UNAMA) states this undermines the requirement for free and full consent.
- The decree allows a marriage to be invalidated if a father or grandfather gave a minor away without a sufficient dowry or with embezzlement.
- A girl given away by her father or grandfather to a man who has not treated her kindly can seek a court cancellation upon reaching puberty.
- On divorce, a deeply unequal framework is established: If a girl requests divorce and the husband denies it, the husband's word is considered valid without witnesses. However, she does not need witnesses if she requests before a judge.
Reactions and Broader Context:
- UNAMA Deputy Special Representative Georgette Gagnon said the decree erodes women's and girls' rights.
- Taliban spokesman Zabihullah Mujahid rejected the criticism, stating the decree follows Islamic law and noted a previous ban on forced marriage of girls. He said thousands of forced marriage cases have been investigated.
This decree is part of a pattern of broader restrictions on women and girls in Afghanistan, including bans on secondary education, most jobs, and leisure activities.
Background:
Since taking power in 2021, the Taliban initially issued a decree on women's inheritance and refusal of marriage, but subsequent decrees have undermined those protections. The new law creates a deeply unequal framework where men retain unilateral divorce rights while women face complex judicial processes.