The newly issued decree by the Taliban government in Afghanistan has received immediate condemnation by the United Nations and international human rights organizations, thus dealing yet another major blow to the rights of women in Afghanistan. The new decree, which has been named “Principles of Separation Between Spouses” and identified as Decree Number 18, has especially raised eyebrows due to its apparent acceptance of child marriage, which has drastically changed the legal position of women and young girls in Afghanistan who have been subject to restrictions since the return of the Taliban regime in August 2021.
This announcement holds much weight, given that only a few days ago, there had been a lot of focus on the poor state of human rights in Afghanistan, especially from an international perspective. The new law, which comprises 31 articles on the separation of spouses, was published in the official gazette of Afghanistan in May 2026 and endorsed by the Taliban supremo himself, Hibatullah Akhundzada.
The Decree’s Controversial Providence and Legal Framework
The proclamation stems from the Taliban’s Ministry of Justice, and it is an extensive rewrite of family laws according to the emirate’s version of Sharia law. The crux of the ordinance is the establishment of new methods of divorces and separations, yet amid the thirty-one articles are stipulations that have caused international concern.
According to Article 5 of the decree, any girl who attains puberty can divorce her marriage if it has been entered into through relatives excluding her father and grandfather. This provision seems favorable at face value; however, experts have contended that the essence of this article suggests that marriage of children is lawful in the regime of Taliban. There is an option for the minor to get out of marriage upon attaining puberty under the principle called “Khiyar al-bulugh.”
However, the most contentious provision is that of consent. According to the law, the silence of a virgin girl once she becomes of age can be taken to mean consent to marriage. This provision is restricted only to virgins, which makes it a discriminatory one since it is not applicable to boys or women who have already been married. In the view of legal experts, this means that the concept of obtaining prior consent in marriage is no longer necessary.
United Nations’ Stark Warning and International Condemnation
The United Nations Assistance Mission in Afghanistan (UNAMA) issued one of the strongest statements regarding the decree, drawing immediate attention to its implications for child protection.
“The section on separation of girls who reach puberty and are married implies that child marriage is permitted,”
UNAMA stated in its official response to the announcement. This characterization represents a significant escalation in the UN’s public criticism of Taliban policies since the group took control of the country nearly five years ago.
The broader United Nations system expressed even moreForceful concern about the decree’s implications.
“The decree further entrenches discrimination against women and girls,”
the UN stated in its comprehensive assessment of the regulation’s impact. This language reflects growing frustration within the international community after years of Taliban policies systematically restricting women’s access to education, employment, healthcare, and public life.
UNAMA’s assessment emphasized that the provisions on child marriage represent not merely a technical legal change but a fundamental shift in how Afghan girls are protected under law. The mission’s statement highlighted that the decree’s provisions create legal pathways for marriages that would have been more difficult to formalize under previous Afghan governments, despite child marriage remaining prevalent under the former republic.
The UN’s “grave concern” about the decree’s child marriage provisions, as expressed in multiple official communications, signals that international bodies are increasingly viewing Taliban family law reforms as deliberate attempts to institutionalize practices that violate international human rights standards. This represents a significant departure from the more cautious diplomatic language used by the UN in the immediate aftermath of the Taliban’s 2021 takeover.
Human Rights Groups Rally Against the Decree
International human rights organizations have taken rapid and vigorous action against this regulation. They see this decree as fitting into a larger trend where systematic violations are taking place to erode human rights. The regulation has been criticized widely by many people who have pointed out that this decree is an extension of Taliban policies in which their restrictions on women have been increasingly imposed.
Child welfare activists argue that with the help of the current decree, child marriages become more acceptable as compared to earlier Afghan laws. This is because in the present regulation, annulment options are given after puberty rather than forbidding child marriages. Therefore, children have been made subject to marriage without any proper remedy left for them.
The provision regarding silence as consent has been particularly criticized by women’s rights organizations, which argue it eliminates meaningful consent requirements for young girls. The regulation removes the requirement for explicit, informed consent from young girls in marriage arrangements, replacing it with a presumption of consent based on silence, according to legal analysis from international human rights groups monitoring the decree’s implementation.
The Broader Context of Women’s Rights Under Taliban Rule
This policy must not be seen outside the wider context of Afghan women’s rights from August 2021 to today. The rise to power of the Taliban has involved the erosion of all legal and societal measures taken in the past to ensure the protection of women. These include restrictions on women attending secondary and higher education institutions, bans on working outside the home, exclusion from parks and gymnasiums, and mandatory male guardianship for travel.
It is a step in line with this trend as it shifts from laws that apply in the public domain to laws governing family life. In the previous Afghan Republic, notwithstanding the difficulties faced, laws had been passed prohibiting child marriage and mandating the consent of both parties before marriage could take place. This is a drastic break from international conventions.
The approval of the decree by supreme leader Hibatullah Akhundzada shows that these reforms are part of the Taliban’s agenda and thus would not be easily reversed via any internal process. As the leader of the Taliban from behind closed doors, he has recently started issuing directives on legal and societal matters which go against human rights conventions.
Divorce Barriers and Women’s Legal Vulnerability
In addition to the requirements regarding child marriage, the decree greatly increases obstacles to women’s rights to divorce, especially when there is any abuse involved. According to the decree, in case a woman demands divorce and a man declines to give her one, his word will stand unless there is proof of grounds for divorce. In essence, a wife who wants to divorce will have to prove it to the Taliban judge.
As far as divorced women go, the decree mandates mediation between couples before a divorce is finalized, making it likely that the abused women will have to interact with their abusers throughout the legal process. This condition has faced backlash from organizations working against domestic abuse and violence because they believe it puts women at greater risk.
Another problematic issue in the Afghan legal system is the difference in standards set for men and women when filing for divorce. Although it is easier for men to file for divorce, there are legal challenges that women need to overcome which can only be accomplished with legal assistance. However, women do not have access to female lawyers or legal experts because of Taliban restrictions.
Global Implications and the Path Forward
The international community faces a critical dilemma regarding how to respond to the decree. Most countries and international organizations do not officially recognize the Taliban government, limiting their ability to directly influence Afghan domestic policy. However, the UN’s strong statement indicates growing impatience with the Taliban’s human rights record and suggests that international pressure may intensify.
Human rights advocates are calling for increased documentation of the decree’s implementation and its impact on Afghan women and girls. They emphasize that without international pressure and accountability mechanisms, the Taliban has little incentive to reverse policies that systematically discriminate against women and children.
The decree’s publication in the official gazette gives it the force of law throughout Afghanistan, meaning Afghan courts will be required to apply its provisions in divorce and marriage cases. This creates immediate practical consequences for Afghan families, particularly those in rural areas where child marriage has historically been more prevalent and where access to legal recourse is already limited.
As Afghanistan continues to face one of the world’s worst humanitarian crises, with millions requiring assistance and the economy struggling under international sanctions, the Taliban’s focus on restricting women’s rights rather than addressing economic challenges has drawn further criticism from international observers. The divorce decree represents a stark reminder that despite five years in power, the Taliban remains committed to an interpretation of Islamic governance that fundamentally conflicts with international human rights standards.
The international community’s response to this latest development will likely shape future diplomatic engagement with the Taliban and determine whether the group faces additional consequences for its human rights record. For Afghan women and girls, the consequences of this decree are already becoming reality, as the legal framework governing their most intimate relationships becomes increasingly restrictive and discriminatory.
