Over 100 Afghan and international rights groups unite in urgent call to repeal Taliban’s new family law, condemning it as a formal endorsement of child marriage and forced unions in a nation already gripped by severe gender restrictions.

In a stark escalation of restrictions on women and girls under Taliban rule, over 100 rights organizations have issued a forceful joint declaration demanding the “immediate, unconditional, and complete repeal” of a newly published Taliban regulation on marriage and family matters. The groups argue that the 31-article decree, titled “Principles of Separation Between Spouses” and published in Official Gazette No. 1489, effectively legalizes child marriage, normalizes forced unions, and erodes any remaining legal protections for Afghan females.

The new “Principles of Separation Between Spouses” has sparked global outrage as critics say it institutionalizes coercion and strips girls of agency under the guise of Islamic jurisprudence.

Approved by Taliban supreme leader Hibatullah Akhundzada and released in mid-May 2026, the regulation outlines rules governing spousal separation, annulments, child marriages, missing husbands, and accusations of adultery, all framed within the Taliban’s strict interpretation of Hanafi jurisprudence. While the Taliban present it as a codification of Islamic family law, rights advocates describe it as a regressive framework that treats girls as commodities and formalizes their lack of consent.

Provisions Under Fire

Central to the controversy are several articles that explicitly address marriages involving minors. Article 5, for instance, recognizes marriages of boys or girls arranged by relatives (other than father or grandfather in some cases) as legally valid if the spouse is deemed “socially compatible” and the dowry appropriate. Children may seek annulment only after reaching puberty, and only through a Taliban-controlled court. Critics say this places an insurmountable burden on young girls in a justice system dominated by male religious authorities.

Even more alarming to advocates is the provision interpreting the “silence of a virgin girl” after reaching puberty as potential consent to marriage. In a society where girls face immense social pressure, threats, and limited education or mobility, rights groups argue that silence cannot possibly equate to genuine agreement. “In a society where girls endure immense pressure, threats, and systemic shame, silence can never equate to consent,” the joint statement declares.

The regulation also grants significant authority to male guardians – particularly fathers and grandfathers – over marriage decisions, further diminishing the agency of girls and women. Provisions on judicial procedures for challenging marriages reportedly place the burden of proof heavily on the female party, with a husband’s oath potentially sufficient to deny annulment claims. Additional articles addressing sexual allegations within extended families have been criticized for punishing women rather than protecting them from abuse.

Broader Context of Repression

This latest decree arrives amid a systematic rollback of women’s rights since the Taliban’s return to power in August 2021. Girls have been banned from secondary and higher education in most cases, women face severe restrictions on employment, travel (often requiring a male mahram), and public participation. Reports of rising domestic violence, honour killings, and impunity for perpetrators have multiplied.

Poverty and economic desperation under Taliban governance have already driven an increase in child marriages as families seek to reduce financial burdens or secure alliances. The new regulation, critics say, removes previous legal minimum ages (previously around 16 in Afghan civil law) and institutionalizes these practices, potentially accelerating the trend.

Women’s Movement Towards Freedom, AWA, Rights and Advancement of Women and Humanity in Afghanistan, NEDA, Change Mission, Afghanistan’s Elite Women, and numerous others have signed the statement. Many operate in exile or clandestinely due to risks inside Afghanistan.

International Reactions and Calls to Action

The groups are urging the United Nations Human Rights Council, UNICEF, the UN Special Rapporteur on Afghanistan, and other international bodies to take “immediate, practical, and deterrent actions.” These could include targeted sanctions, enhanced support for Afghan women’s networks, and diplomatic pressure to prevent recognition of Taliban policies that violate international human rights standards, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), to which Afghanistan is a party.

Human rights organizations worldwide have echoed the concerns. Reports have highlighted the decree’s shocking elements, drawing parallels to treating girls as “sellable property.” UN experts and advocates have long warned of “gender apartheid” in Afghanistan, a term gaining traction to describe the institutionalized, systematic oppression of women and girls.

The Taliban have historically defended such policies as aligned with their interpretation of Sharia, rejecting external criticism as interference in religious and cultural matters. However, independent journalists and civil society voices inside and outside Afghanistan continue to document the human cost, including forced returns of women to abusive marriages and the psychological trauma inflicted on child brides.

Voices from Afghan Women

Exiled Afghan women activists and journalists emphasize that the regulation compounds existing hardships. With girls barred from school beyond primary levels in many areas and women largely excluded from the workforce, early marriage becomes one of the few “options” available, often leading to health risks, domestic violence, and interrupted personal development. Maternal mortality and child brides facing early pregnancies remain significant concerns in a country with limited healthcare access for females.

One anonymous activist quoted in related coverage described the decree as “a chilling step backward for basic human rights,” noting how it invalidates prior protections and reinforces patriarchal control at every level of society.

Testing Global Resolve

As the international community grapples with how to engage or isolate the Taliban regime – balancing humanitarian needs with accountability for rights abuses – this regulation tests global resolve. Previous calls for reversal of bans on women’s education and work have gone largely unheeded, raising questions about the effectiveness of current diplomatic strategies.

Rights groups insist that without strong, unified action, the formalisation of child marriage will entrench a generation of Afghan girls in cycles of poverty, illiteracy, and violence. The joint statement serves as both a plea and a warning: the world cannot normalize or overlook policies that treat half the population as perpetual minors without legal voice.

The coming weeks will likely see intensified advocacy campaigns, potential UN discussions, and continued reporting from independent Afghan media outlets operating in exile, such as Amu TV, which first highlighted the regulation’s implications. For millions of Afghan girls, the stakes could not be higher – their futures hang in the balance between imposed silence and the demand for their fundamental rights.