KABUL, AFGHANISTAN – UN Women says that the “Regulation on Separation of Spouses,” recently published by the Taliban, implicitly permits child marriage and risks normalizing the practice.
Susan Ferguson, the representative of UN Women in Afghanistan, said in a statement released yesterday (Tuesday, May 26) that the regulation does not set a minimum age for marriage. Instead, it explains how child marriages can be annulled and how a child forced into marriage can request the annulment of the marriage after reaching puberty.
The UN Women representative said that the Taliban’s explanations in the regulation show that child marriage is implicitly considered “permissible,” raising the risk of normalizing child marriage.
Susan Ferguson said the regulation once again demonstrates that women and men are not equal under Taliban laws, an issue that had also been confirmed in the “Penal Regulation for Courts.”
She added that the “Regulation on Separation of Spouses” makes it more difficult for women to separate from their husbands, while women face more complex legal barriers than men. These include the need for testimony from several witnesses to support a request for separation, and in some cases, a husband can invalidate his wife’s claim for separation with a single statement or by withholding consent.
UN Women expressed deep concern about the consequences of the regulation, saying that it further weakens the rights and security of Afghan women and girls.
The organization stated: “Afghan women and girls have the right to live free from violence and discrimination. They are entitled to dignity, safety, freedom of movement and participation in public life. Legal frameworks must uphold equality before the law, protect women from all forms of violence, and ensure meaningful access to justice without discrimination.”
UN Women called on the Taliban to “ensure that all laws and policies preserve and protect the rights of women and girls in accordance with the human rights treaties and conventions to which Afghanistan is a party.”
About 12 days ago, the Taliban Ministry of Justice published the “Regulation on Separation of Spouses” and said it had been approved and endorsed by Hibatullah Akhundzada, the group’s leader.
The publication of the regulation, in which child marriage is implicitly recognized and discrimination in divorce rights between women and men is established, has sparked widespread reactions from women’s rights and human rights activists.
The United Nations Assistance Mission in Afghanistan also reacted to the regulation and called on the Taliban to remain committed to Afghanistan’s obligations under international law.
Richard Lindsay, the United Kingdom’s Special Representative for Afghanistan, also expressed concern over the Taliban’s approval and endorsement of the “Regulation on Separation of Spouses.”
In a post on X, the British envoy described the approval of the regulation as another of the Taliban’s “oppressive measures” and called for it to be revoked.
He stressed that “the women and girls of Afghanistan deserve equality in all areas of life.”
The Taliban, however, said that the regulation was prepared based on Islamic instructions and that they do not care about the criticism.
The regulation has added to growing international concerns over the erosion of women’s rights in Afghanistan since the Taliban’s return to power, as rights groups continue to warn that restrictions on women and girls are becoming increasingly institutionalized through new laws and policies.
