Manaal Yasser
In May 2026, Afghanistan’s de facto authorities introduced Decree No. 18, a legal measure that has generated significant concern among international human rights organizations. One of its most controversial provisions states that a girl’s silence may be interpreted as consent to marriage. Critics argue that this provision reflects a broader erosion of women’s legal autonomy by treating silence as consent rather than requiring explicit agreement.
Officially titled the Code on Judicial Separation of Spouses, Decree No. 18 was issued by the Taliban-controlled Ministry of Justice on 14 May 2026. While the decree formally addresses issues related to marriage and judicial separation, many observers argue that its implications extend far beyond family law.
According to critics, the decree permits marriages involving girls of any age under certain interpretations and significantly limits women’s ability to leave abusive or unwanted marriages. While men can generally dissolve marriages through relatively straightforward legal procedures, women often face substantial procedural barriers, including requirements for witnesses and judicial processes that rights advocates argue do not adequately protect their interests.
The United Nations has expressed concern that these measures contribute to systematic discrimination against women and girls by restricting their rights, personal autonomy, and access to legal protection. Human rights organizations further argue that Decree No. 18 should not be viewed in isolation but as part of a broader legal framework introduced since the Taliban returned to power in August 2021.
Since then, hundreds of decrees and directives have been issued, many of which directly affect women’s education, employment, freedom of movement, and participation in public life. Girls have been barred from secondary and higher education, while women continue to face restrictions on employment, travel, and access to public spaces such as parks and gyms.
Critics also point to earlier legal measures, including Decree No. 12, which addressed domestic abuse but has been criticized for offering limited legal protection and relatively lenient penalties in severe cases.
According to international observers, such measures collectively reinforce legal structures that reduce protections for women. The Taliban, however, maintains that these policies are consistent with its interpretation of Islamic law and Afghanistan’s legal framework, while rejecting external criticism as interference in domestic affairs.
One of the most controversial aspects of Decree No. 18 concerns marriage arrangements involving minors. Under the decree, fathers and grandfathers may arrange marriages for girls, while a girl’s silence may be interpreted as acceptance of the marriage. Human rights advocates argue that such provisions increase the risk of forced and child marriages by removing the requirement for explicit consent.
These legal concerns are compounded by longstanding educational disparities. According to international organizations, Afghanistan remains the only country where girls are systematically excluded from secondary and higher education. Statistics cited by the author indicate that approximately 42 percent of girls attend school compared to 73 percent of boys, while female literacy stands at around 29 percent, compared with 61 percent for men.
Education, marriage, and economic opportunity are closely interconnected. When girls are denied access to education, they face a higher likelihood of early marriage, which in turn reduces opportunities for financial independence and legal empowerment. These consequences extend beyond individual lives and affect national development.
Restrictions on women’s participation in education and the workforce have imposed significant economic costs on Afghanistan. Estimates suggest that gender-based restrictions could cost the Afghan economy approximately $920 million between 2024 and 2026.
The international community therefore faces a complex policy challenge. Humanitarian engagement with Afghanistan remains necessary to support vulnerable populations, while concerns regarding human rights continue to shape international responses.
Many human rights organizations emphasize that silence should never be interpreted as legal consent and argue that Decree No. 18 represents a broader shift in the legal status of women within Afghanistan. They contend that by removing effective safeguards surrounding marriage, redefining consent, and limiting women’s legal remedies, the decree raises serious questions about the protection of fundamental rights.
For many international observers, the issue extends beyond family law. It concerns the broader principles of legal equality, individual autonomy, and the protection of human rights. Continued international attention, monitoring, and humanitarian engagement remain essential to supporting Afghan women and girls while encouraging greater protection of their fundamental rights.
The author is pursuing a bachelor’s degree in International Relations at Air University. Her academic interests include gender studies and regional affairs. Outside academia, she enjoys exploring psychological experiments and their implications for society.
