The Taliban, in the “Regulations on the Dissolution of Marriage” issued by their Ministry of Justice, have deemed child marriage “valid” in certain cases, but emphasized that the child, upon reaching puberty, can request annulment of the marriage through a court ruling.
This regulation is organized into 31 articles and addresses the separation of spouses under various circumstances. According to the document, the authority to issue a divorce or separation ruling, if the specified conditions are met, is granted to the judge.
The regulation states that if a child is married to an “unequal” person or with a “dowry with gross unfairness,” the marriage is considered invalid. The term “unequal” refers to someone who is not considered socially or religiously suitable for marriage. “Gross unfairness” in dowry refers to a dowry set significantly higher or lower than the usual amount.
The document consists of an introduction, 2 parts, 12 chapters, and 31 articles, addressing various legal grounds for divorce. These include “lack of suitability,” “option of puberty,” “breastfeeding (milk kinship),” “missing husband,” “khul‘ (mutual divorce),” “absence,” “defects in the husband,” “apostasy,” “renunciation of Islam,” “religious difference,” “li‘an,” and “zihar.”
A key section of the regulation deals with the “option of puberty.” According to Article 5, if a relative other than the father or grandfather has conducted the marriage for a child, the daughter or son has the right to request annulment after reaching puberty. However, annulment can only be carried out through a court ruling.
Article 6 states that if a child is married to an “unequal” person or the dowry involves “gross unfairness,” the marriage is invalid.
According to the regulation, a virgin girl’s silence after reaching puberty may be considered as acceptance of the marriage. However, for a boy or a widow, silence alone does not imply consent.
Another section addresses “misuse of authority” by the father or grandfather. Article 8 specifies that if a father or grandfather is known for “immorality” or “insanity” and marries off his daughter or granddaughter to an “unequal” person or sets a dowry with “gross unfairness,” the marriage is invalid.
The chapter on “breastfeeding (milk kinship)” states that if a couple becomes related through breastfeeding, under certain conditions, the woman becomes prohibited to her husband, and the judge may issue a divorce ruling.
The regulation also provides provisions regarding a “missing husband” and explains the conditions under which women whose husbands have disappeared may go to court to request separation.
Other chapters discuss divorce due to “defects in the husband,” “apostasy of a spouse,” “renunciation of Islam,” “li‘an,” and “zihar.”
The regulation notes that the “renunciation of Islam” or apostasy of one spouse can be grounds for divorce, with specific rulings for some cases.
The section on “li‘an” clarifies that if li‘an occurs a religious procedure usually related to accusations of adultery and mutual oaths between spouses the judge can issue a separation ruling.
The regulation also sets rules regarding “zihar,” an Islamic jurisprudence concept in which a man likens his wife to one of his mahram women. According to the regulation, if zihar occurs, marital relations between husband and wife are forbidden until the prescribed expiation (kaffara) is performed.
At the beginning of the official gazette, a decree by Hibatullah Akhundzada was also published, emphasizing that this regulation is effective from the date of issuance and must be published along with the full text.
Writer:Sales Aryaei
