Writer and journalist Mursal Sayas on Afghanistan's child marriage epidemic • FRANCE 24 English

Key Concepts

• Taliban Decrees: Non-legislative, arbitrary edicts used by the Taliban to enforce social control and restrict women's rights.
• Child/Forced Marriage: The practice of marrying minors (as young as 9) to adults, often facilitated by male guardians.
• Systemic Gender Apartheid: The institutionalized, state-sanctioned subordination and segregation of women in Afghanistan.
• Divorce Nullification: The removal of legal pathways for women to exit marriages, even in cases of abandonment or abuse.
• "Discipline" Clauses: Legal justifications within Taliban decrees that permit husbands to physically punish their wives.

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1. The Crisis of Forced and Child Marriage

The interview highlights a dire situation in Afghanistan where up to 70% of girls are at risk of forced marriage. Mercel Sas, founder of Women Beyond Borders, emphasizes that these statistics are likely conservative due to the lack of access to remote regions for accurate surveying.

• Age of Marriage: Marriages are occurring for girls as young as 9 to 17 years old.
• Cultural Drivers: Beyond Taliban policy, there is a pre-existing cultural normalization of violence, where physical abuse is sometimes used as a "test" to determine if a girl is ready for marriage.
• The "Puberty" Loophole: A specific Taliban decree allows guardians to marry off minors, with a provision that the marriage can only be annulled upon the girl reaching puberty. However, this is functionally impossible to enforce, as the girl must prove "suffering" in a court that inherently favors the male guardian and husband.

2. Legal Frameworks and "Discipline"

The Taliban has replaced formal legislation with a series of decrees that codify the subordination of women.

• Male Guardianship: Marriage is invalid without the permission of a male guardian (father, brother, or uncle). Conversely, an adult woman cannot marry without her father's consent, effectively stripping women of legal agency.
• Legalized Violence: New decrees explicitly grant husbands the right to "discipline" or "correct" their wives, providing a legal shield for domestic abuse.
• Divorce Restrictions: The Taliban has effectively abolished the limited legal avenues women previously had to seek divorce. Even in cases where a husband has been missing for years, the law now mandates that a woman must return to her first husband if he reappears, regardless of her current marital status.

3. Human Rights Violations and Suppression

The discussion underscores that the current regime’s actions constitute a form of "gender apartheid."

• Sexual Abuse: UN reports cited in the interview indicate that Taliban members are actively engaging in the sexual abuse of minors and forcing them into marriage.
• Suppression of Dissent: Women who protest in the streets face severe consequences, including arrest, torture, and sexual violence while in custody.
• Arbitrary Enforcement: In provinces like Herat, women are being arrested for "inappropriate dress," which often refers to the color of their clothing, even when they are fully covered. This serves as a pretext for the regime to exert further control and terrorize the female population.

4. Notable Statements

• On the nature of Taliban law: "I try to not call them law because as the Taliban is not a legislative government, we try to call them just some decrees and some codes that they make by their own." — Mercel Sas
• On the systemic nature of the regime: "The violence in Afghanistan is so systematic and it is exactly the apartheid and regime of slavery that we call it right now." — Mercel Sas

5. Synthesis and Conclusion

The situation for women in Afghanistan has deteriorated into a state of systemic oppression where legal, cultural, and physical violence are intertwined. The Taliban’s use of arbitrary decrees has effectively removed any legal recourse for women to escape forced marriages or domestic abuse. By codifying male authority and stripping women of their agency, the regime has institutionalized a form of gender apartheid. Despite the extreme risks of torture and imprisonment, Afghan women continue to demonstrate against these policies, though they face an increasingly brutal and restrictive environment that seeks to erase their autonomy entirely.