UN expresses ‘grave concern’ over Taliban’s new divorce law

The United Nations Assistance Mission in Afghanistan (UNAMA) has issued a statement condemning the “Code on Judicial Separation of Spouses,” a decree published by the Taliban earlier this month aiming to regulate marriage and divorce in Afghanistan. UNAMA said that the decree “reinforces structural discrimination and limits women’s autonomy in matters fundamental to their dignity, safety, and wellbeing.”

The decree prescribes a complex mediation process for women to obtain a divorce, whereas a man’s right to a divorce is unilateral. Article 5 of the decree states that “upon reaching puberty, the minor has the option to dissolve the marriage,” which UNAMA criticized for implying that child marriage is permitted.

The decree also interprets girls’ silence as consent to a marriage, whereas verbal consent is required for women and boys. It thereby “undermines the principle of free and full consent and fails to safeguard the best interests of the child,” according to UNAMA.

Responding to critics, a Taliban spokesman pointed to a separate order prohibiting forced marriages, and said thousands of such cases were addressed in the courts over the past year.

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