The Taliban Ministry of Justice has announced the publication of a new “Regulation on Separation Between Spouses” following approval by Taliban leader Hibatullah Akhundzada and its release in Official Gazette No. 1489.
The regulation consists of 31 articles outlining various conditions and legal grounds related to separation and divorce between husbands and wives.
According to the document, judges are granted authority in certain cases to issue rulings separating spouses if specific conditions are met.
Article Three addresses marriage with a “non-compatible” partner and states that if a woman marries without the permission of her guardian and the husband is not considered socially, religiously, or genealogically equal by the family, the marriage may in some cases be annulled.
Another section states that if a husband is absent but his whereabouts are known, the wife cannot request separation solely because of his absence or failure to provide financial support.
The regulation further says that if a missing husband later returns after the wife has married another man, the second marriage will be considered invalid.
Article Twenty-Two states that if a husband mistreats his wife or fails to provide her rights, the woman may refer the case to court. However, if the abuse can be stopped through other means, a judge may not issue a separation ruling without the husband’s consent.
The regulation also defines legal provisions regarding issues such as “zihar,” apostasy, sexual problems between spouses, and allegations of sexual abuse involving the husband’s relatives.
According to the document, judges may in some situations compel husbands through imprisonment or corporal punishment to pay religious penalties or grant divorce.
The publication of the regulation comes amid ongoing international criticism of Taliban restrictions on women and girls in Afghanistan.
Legal experts say several provisions in the document could increase concerns about the further limitation of women’s rights and the growing influence of hardline religious interpretations within Afghanistan’s judicial system.
Analysts also argue that the significance of the regulation lies in the institutionalization of Taliban interpretations of family law through formal legal mechanisms backed by state authority.
