Taliban family law deepens discrimination against Afghan women: UNAMA
Synopsis
The Taliban's Decree No. 18 doesn't just restrict Afghan women — it legally encodes their subordination. By allowing a girl's silence to be read as marriage consent and giving men unilateral divorce rights, the regulation marks a new low in a four-year rollback that began the moment the Taliban retook Kabul.
Key Takeaways
UNAMA expressed 'grave concern' on 21 May over the Taliban's Decree No.
18 , published on 14 May 2025 .
The decree creates an unequal divorce framework: women must follow complex judicial procedures while men retain the unilateral right to divorce.
A chapter of the decree implies child marriage is permitted and allows a girl's silence to be treated as consent to marriage upon reaching puberty.
Georgette Gagnon , Officer-in-Charge of UNAMA, called the decree part of a 'broader and deeply concerning trajectory' of eroding women's rights.
The decree reverses protections first recognised in the December 2021 Special Decree on Women's Rights.
UNAMA has called on Taliban authorities to align laws with international human rights obligations, including eliminating child marriage.
The UN Assistance Mission in Afghanistan (UNAMA) on Thursday, 21 May expressed 'grave concern' over a new Taliban family law regulation, warning that Decree No. 18 — published by the Taliban's Ministry of Justice on 14 May — codifies a deeply unequal legal framework that strips Afghan women and girls of basic rights to consent, autonomy, and justice.
What the Decree Contains
According to UNAMA, the regulation governs judicial separation grounds for women in a system that is structurally skewed: women must navigate complex and restrictive court procedures to seek separation, while men retain the unilateral right to divorce. The decree devotes an entire chapter to the separation of girls who reach puberty and are already married — a provision that, UNAMA noted, implicitly permits child marriage. Critically, the decree allows a girl's silence to be interpreted as consent to marriage upon reaching puberty.
UNAMA's Warning
Georgette Gagnon, Deputy Special Representative of the Secretary-General and Officer-in-Charge of UNAMA, said the decree is part of a pattern of systematic rollback. 'Decree No. 18 is part of a broader and deeply concerning trajectory in which the rights of Afghan women and girls are being eroded,' Gagnon said. She added: 'The Decree further institutionalises discrimination and, when combined with restrictions on girls' education and women's public participation, entrenches a system in which Afghan women and girls are denied autonomy, opportunity, and access to justice.'
A Pattern of Erosion Since 2021
UNAMA placed the decree within a wider context of legislative regression since the Taliban assumed control in 2021. An initial decree in December 2021 — the Special Decree on Women's Rights — had recognised certain rights around women's consent to marriage and inheritance. However, successive decrees have steadily dismantled those protections, restricting women's autonomy before, during, and after marriage. Decree No. 18 is the latest in this sequence.
International Obligations Invoked
UNAMA reiterated that Afghanistan remains bound by its international human rights obligations, including commitments to eliminate discrimination against women and protect the rights of the child. The mission called on the Taliban's de facto authorities to align their laws, policies, and practices with those obligations — specifically on safeguarding consent to marriage, eliminating child marriage, ensuring access to justice, and protecting the dignity of all individuals.
What Comes Next
With no indication from the Taliban that the decree will be reviewed, international pressure is likely to intensify. Rights organisations and UN agencies have consistently flagged Afghanistan as the world's most restrictive environment for women since 2021. The latest regulation is expected to draw renewed calls for accountability at the UN Human Rights Council and among member states that have conditioned diplomatic engagement on measurable improvements in women's rights.
Point of View
Making the 2021 Special Decree on Women's Rights look, in hindsight, like a tactical concession rather than a genuine commitment. The silence-as-consent clause is particularly alarming: it is not an ambiguity but a deliberate legal mechanism that removes agency from the most vulnerable. The international community's pattern of issuing statements without consequence has, arguably, emboldened this trajectory. Until diplomatic engagement is credibly conditioned on measurable legal reversals, UNAMA's calls risk becoming ritual rather than pressure.
NationPress
14 Jul 2026
Frequently Asked Questions
What is Taliban Decree No. 18 in Afghanistan?
Decree No. 18 is a family law regulation published by the Taliban's Ministry of Justice on 14 May 2025. It codifies unequal divorce rules — requiring women to follow complex judicial procedures while men retain unilateral divorce rights — and contains provisions that UNAMA says implicitly permit child marriage.
Why is UNAMA concerned about the new Taliban family law?
UNAMA says the decree institutionalises discrimination and, combined with existing bans on girls' education and women's public participation, entrenches a system that denies Afghan women and girls autonomy, opportunity, and access to justice. It is the latest in a series of decrees that have progressively eroded protections since 2021.
How does the decree treat child marriage and consent?
According to UNAMA, the decree devotes a chapter to girls who reach puberty and are already married — implying child marriage is permitted. It also allows a girl's silence to be legally interpreted as consent to marriage, a provision rights groups consider a fundamental violation.
What protections existed for Afghan women before Decree No. 18?
The Taliban's initial Special Decree on Women's Rights in December 2021 recognised certain rights around consent to marriage and inheritance. However, successive decrees have steadily dismantled those protections, and Decree No. 18 is regarded as the most regressive step yet.
What is UNAMA calling on the Taliban to do?
UNAMA has called on the Taliban's de facto authorities to align their laws, policies, and practices with Afghanistan's international human rights obligations — specifically to safeguard consent to marriage, eliminate child marriage, ensure access to justice, and protect the dignity of all individuals.
