The Taliban’s Ministry of Justice says a new regulation on marital separation, approved by the group leader, Hibatullah Akhundzada, has been published, setting out conditions for divorce and separation between spouses.
The Taliban’s Ministry of Justice announced on Thursday, May 14, that the regulation had been published in Official Gazette No. 1489.
The 31-article regulation outlines various grounds and procedures for marital separation and grants judges’ authority to issue separation rulings under certain conditions.
Article 3 addresses marriage to a “non-equal” spouse. According to the regulation, if a woman with a legal guardian marries a man without her guardian’s permission and the man is considered socially, religiously or ethnically unequal by the family, the marriage may in some cases be deemed invalid and subject to annulment.
The document also addresses the prolonged absence of a husband. It states that if a husband is absent, but his whereabouts are known, a wife cannot seek separation solely on the grounds of absence or non-payment of maintenance.
It further states that if a husband is missing and his wife remarries during his absence, the second marriage becomes invalid if the first husband later returns. In such cases, the woman is considered legally married to the first husband, who may choose to keep her as his wife, divorce her or separate through a form of divorce in exchange for compensation.
Article 22 states that if a husband mistreats his wife, denies her rights or there is severe hostility between them, the woman may apply to a court. However, the regulation adds that if the abuse can be prevented through other means, a judge cannot grant separation solely at the wife’s request without the husband’s consent.
Another section states that if a woman claims one of her husband’s close relatives touched or kissed her sexually, the judge must question the husband. If the husband confirms the allegation, the judge may order separation. If he denies it, the woman must provide witnesses. If she cannot do so, the husband may swear an oath; if he refuses, the judge may order separation.
The regulation also addresses “Zihar”, an Islamic term referring to a husband comparing his wife to a female relative he cannot marry. In such cases, marital relations are forbidden until religious atonement is made. If the husband refuses to make atonement or divorce his wife, the judge may compel him through imprisonment or corporal punishment.
The regulation further states that if either spouse leaves Islam, the marriage is automatically dissolved without requiring a judicial ruling.
It also says that if a husband suffers from sexual disorders, the wife may seek separation through the courts. In some cases, judges may immediately order separation, while in others they may allow the husband one year for treatment.
However, the regulation states that certain illnesses, including mental illness, vitiligo and leprosy, are not considered valid grounds for separation.
