Kabul: The Taliban government in Afghanistan has implemented new family laws related to marriage, divorce and child marriage, which are drawing sharp reactions at the international level. This new rule consisting of 31 paragraphs has been tried by Taliban Supreme Leader Hibatullah Akhundzada. New arrangements have been made in the rules regarding matters like child marriage, forced separation, missing husband, religious conversion and adultery. The biggest controversy is regarding the provision that states that the silence of an unmarried girl who has reached puberty can be considered consent for marriage.
What is the most controversial provision of the new law?
According to the new rules, if a “virgin girl” remains silent on a marriage proposal without attaining majority, her silence can be considered consent. However, this will not be considered in specimen of boys or once married women. Women's rights organizations have expressed serious snooping well-nigh this provision and said that this can completely weaken the self-ruling will of girls.
What has been said well-nigh child marriage?
The new Taliban law moreover mentions the option of “Khiyar al-Bulugh” i.e. splitsville of marriage upon attaining majority. According to the rules, if a minor is married by a relative other than his father or grandfather, the marriage can still be considered valid, provided the groom is socially suitable and the dowry is considered reasonable. However, without attaining majority, the girl can seek splitsville of the marriage in court.
Have parents got special rights?
The rules requite wide powers to fathers and grandfathers in cases of child marriage. However, it moreover states that if the guardians are found to be mentally unfit, tyrannical or morally corrupt, such a marriage can be supposed void. Despite this, human rights organizations say that this system weakens the safety of minor girls.
In which cases did the courts get new powers?
Taliban courts have been empowered to intervene in cases such as allegations of adultery, religious conversion, long-missing husbands and “zihar”. Jihar is an old principle in Islamic tradition in which a husband compares his wife to a relative with whom marriage is considered prohibited. In these cases, courts may order isolation, prison, or other punishment.
What restrictions are once there on women?
The Taliban government has imposed several harsh restrictions on women and girls since returning to power in August 2021. Afghan girls' education without sixth grade has been stopped. Women are moreover strictly prohibited from peekaboo university, working in many fields and traveling alone. Many international organizations have plane termed the Taliban's policies as “gender apartheid."
What concerns did the international polity raise?
Women's rights activists and international organizations have described the new rules as extremely dangerous. Political commentator Fahima Mohammed said that considering a child's silence as consent is like taking yonder her voice. He said it would be wrong to undeniability such rules representative of Islam as a whole, as the Quran does not support urgency and vituperate of women.
