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Taliban Divorce Decree Formalizes Child Marriage

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The Taliban government published a new divorce decree that implicitly permits child marriage, drawing sharp U.N. condemnation. Article 5 allows girls married before puberty to dissolve the union only upon reaching puberty, generally between ages 8 and 13. The decree states a girl's silence at puberty constitutes consent to the marriage. The Taliban regime, which seized control in 2021, has systematically dismantled women's rights.

This legal shift effectively recognizes unions for girls who may be as young as eight. Previously, child marriage was restricted to ages 15-16 with parental permission. The U.N. mission in Afghanistan stated the decree 'implies that child marriage is permitted' and allows silence to be interpreted as consent. Rights groups report the practice was already increasing due to economic collapse and a ban on girls' education beyond sixth grade.

For adult women, the decree mandates mediation and familial support for divorce, requiring the husband's consent. A woman can file for mistreatment, but men retain unilateral divorce rights. With female lawyers barred from courts and women-centered justice institutions dismantled, seeking legal recourse is nearly impossible. The Taliban's own spokesman acknowledged prepubescent marriages arranged by male guardians remain valid. This decree adds a new layer to the 'core pillar of the Taliban's governance': the systematic exclusion of women from public life and legal protection.