UN Special Rapporteur Criticizes Taliban Decree on Marital Separation

The Taliban Ministry of Justice has published a document known as the Principles for the Separation of Couples. This occurred during the month of Saur. Following its endorsement by Hibatullah Akhundzada, the document was registered in the official gazette.

UN Special Rapporteur Richard Bennett has publicly criticized the document. His criticism came on 29 Jawza. In his statement, Bennett said that Decree No. 18 traps women and girls in violent marriages. Bennett also stated that the decree effectively permits child marriage.

UN human rights experts located in Geneva have issued warnings regarding the decree. They said it increases the decision-making power of guardians in marriage decisions. The experts emphasized that fathers gain more authority as a result. They further stated that the provisions make it nearly impossible for girls to report domestic violence. The experts have called for the cancellation of these discriminatory provisions.

The document places restrictions on the right of women to request separation. This applies to situations including marriage to a non-equal partner. It also covers prolonged absence of the husband. Additional restrictions relate to conditions for the return of a first husband. To achieve separation, difficult conditions must be satisfied. These often require a judge's decision or the consent of the husband. This applies even in cases involving illness, disputes, or claims of violence.