UNAMA: New Taliban Decree Could Increase Child Marriage

Source: Too Young To Wed

The United Nations Assistance Mission in Afghanistan (UNAMA) says the Taliban’s Decree No. 18 on “separation of spouses” could increase child marriage because, under the decree, a girl’s silence after reaching puberty may be interpreted as consent to marriage. The organisation said such a provision weakens the principle of free and full consent and undermines the protection of the best interests of the child.

UNAMA expressed serious concern on Thursday (21 May) over the Taliban’s announcement of Decree No. 18 regarding separation between husband and wife.

According to the organisation, the decree is another step in the erosion of the rights of women and girls and the institutionalisation of discrimination in law and practice. UNAMA said the regulation operates within an unequal framework for women seeking separation from their husbands.

According to the UNAMA statement, men under the decree have the unilateral right to divorce, while women must follow complex and restrictive legal procedures to separate from their husbands.

The organisation said this situation reinforces structural discrimination and limits women’s autonomy in matters relating to their dignity, security and well being.

Georgette Gagnon, Deputy Special Representative of the UN Secretary General and Acting Head of UNAMA, said Decree No. 18 is part of a broader and deeply concerning pattern that erodes the rights of Afghan women and girls.

She added that the decree, together with restrictions on girls’ education and women’s participation in public life, institutionalises discrimination and deprives women and girls of freedom, opportunities and access to justice.

UNAMA said the decree must be viewed within the context of measures that have affected women’s rights since the Taliban’s return to power in 2021.

The organisation noted that the Taliban’s first decree on women’s rights in December 2021 recognised certain rights, including women’s consent in marriage and the right to inheritance, but subsequent decrees have weakened those protections.

UNAMA also referred to the Taliban’s Decree No. 12 issued in 2026, saying it restricted judicial intervention in marriage related matters. According to UNAMA, under that decree, husbands found guilty of severe physical abuse against women are sentenced to only 15 days in prison.

UNAMA stressed that Afghanistan remains bound by its international human rights obligations, including the elimination of violence against women and the protection of children’s rights. The organisation called on the Taliban to align their laws, policies and practices with international human rights commitments.

It is worth noting that the Taliban published the “Regulation on Separation of Spouses” on 14 May 2026 in the official gazette of the Ministry of Justice. The stated purpose of the decree is to define the conditions and rulings for separation between husband and wife in different situations and to grant judges the authority to issue separation orders when conditions are met.

Previously, a number of women’s rights activists and human rights organisations called for the repeal of the regulation, saying it could increase child marriage. Some Afghan and international media outlets have referred to it as the “Taliban child marriage law”.

This comes as, since 2021, bans on girls’ secondary and higher education, restrictions on women’s access to work and new decrees on marriage and separation have deprived millions of Afghan women and girls of education, economic participation and equal access to justice.

Decree No. 18, alongside other Taliban restrictions, further deepens legal inequalities against women and girls in family matters, marriage and judicial processes.