Since returning to power in August 2021, the Taliban authorities have enacted a series of new regulations that significantly restrict the rights of women and girls in Afghanistan. Most recently, attention has focused on a new 31-page regulation called the “Principles of Divorce Between Spouses,” which sets out a series of provisions related to marriage, divorce, and family relations. The document includes rules on early marriage, family custody, and the concept of “virginity,” sparking heated debate about the nature of the new laws.

The regulation reportedly also addresses issues such as “khiyar al-bulugh,” which allows an individual to seek the annulment of a marriage contracted during childhood after reaching puberty, but only through court decisions. In some cases, parents and guardians play a decisive role in child marriages, while courts can only intervene in certain circumstances, including abuse or incapacity of guardians. The regulation also contains provisions that interpret “the silence of a virgin girl” as consent to marriage, a point that has drawn strong criticism from international organizations.

The text also includes rules on the absence of spouses, issues of apostasy, claims of adultery, and traditional Islamic concepts that give the court broad powers in family disputes.

Reports point out that judges can order various punitive or coercive measures in certain cases, while the lack of effective protection for women against domestic violence is criticized. Earlier, changes to the criminal code related to domestic violence have also been reported, which, according to critics, do not provide sufficient protection and create barriers to reporting cases of abuse. Human rights organizations have expressed continued concern about the situation of women in Afghanistan, describing it as a serious setback in fundamental rights and freedoms.