KABUL, AFGHANISTAN – The Taliban’s newly introduced “Code on Judicial Separation of Spouses” enables child marriage and further erodes the rights and autonomy of women and girls in Afghanistan, Amnesty International said in a legal analysis released on Thursday.
The decree, known as Decree No. 18 and published on May 14 after approval by the Taliban leader, outlines conditions under which women and girls may seek separation from their husbands. It grants husbands unilateral rights to divorce while imposing lengthy and restrictive judicial procedures on women seeking separation.
The code upholds marriages arranged during childhood and limits the ability of women and girls to challenge or leave such unions, according to the rights group.
“This code further compounds the already dismal situation for the rights of women and girls in Afghanistan,” Isabelle Lassee, Amnesty International’s deputy regional director for South Asia, said in a statement.
“It effectively strips them of all autonomy by eliminating any notion of consent, granting male relatives control over marital arrangements, and providing minimal avenues to challenge forced unions. Its provisions collectively institutionalize and normalize child marriage,” she added.
The decree gives fathers and grandfathers broad authority to arrange marriages for minors and recognizes some marriages arranged by extended family members as legally valid under certain conditions, according to the rights group.
“The code reinforces a male guardianship system that centralizes authority over women’s personal lives, in violation of their status as independent rights-holders,” Lassee said.
Amnesty said the decree is inconsistent with international human rights law, which protects against child and forced marriage, ensures equality in marriage, and requires clear, voluntary and mutual consent.
The organization called on the international community to apply diplomatic pressure on the Taliban to reverse the decree and other restrictive measures, reinstate a formal legal system, and uphold human rights and the rule of law.
The decree is part of a broader set of policies introduced since the Taliban’s return to power in 2021, which have significantly restricted women’s access to education, employment, and public life.
According to Amnesty, the Taliban have issued more than 470 decrees, directives, and orders since 2021, including at least 79 specifically targeting women and girls.
UN experts, rights groups, and women’s rights advocates have previously described the cumulative impact of these restrictions as “gender apartheid,” urging the international community to consider recognizing it as a crime against humanity under international law.
