For many Afghanistani women, leaving an abusive marriage is not simply a personal decision – it can involve legal, financial and social challenges. Proving abuse (be it physical, psychological, emotional or financial), meeting legal requirements, and dealing with family pressure may make divorce difficult for many women.

These issues have received renewed attention following the introduction of a new Taliban decree on the separation of spouses.

In May 2026, the Taliban’s Ministry of Justice published the Code on Judicial Separation of Spouses, a 31-article decree (No. 18) approved by Afghanistan’s supreme leader Hibatullah Akhundzada.

While this decree is presented as a legal framework for resolving family disputes, the regulation has drawn criticism from the United Nations and human rights organisations, who say that it restricts women’s access to divorce and rise concerns about child marriage.

According to UN Women, Decree No. 18 makes the legal process of separation more difficult for women by introducing stricter legal requirements than those faced by men. Women must provide a witness to support their requests for separation, creating additional barriers to obtaining legal relief.

In some cases, the decree also allows a husband to override his wife’s separation claim with a statement or through lack of consent. UN Women warns that these provisions undermine women’s equal access to justice and further weaken their legal protections.

The regulation has also raised concerns about child marriage. The decree allows male relatives to arrange marriages for children and states that children can seek to cancel the marriage only after reaching puberty, and in limited circumstances. Also, the decree does not specify a minimum age for marriage.

Financial difficulties also complicate women’s ability to leave a marriage. In some cases, women seeking separation may be required to provide financial compensation to their husbands.

A report from the Afghanistan Analysts Network says that some women may need to give up their financial rights, pay their husbands or spend money on legal assistance to complete the divorce process. This makes divorce inaccessible for many women, especially those from low-income households.

The Taliban government in the Islamic Emirate (Afghanistan’s official name) have defended the new regulation, stating that it is based on Islamic legal principles and provides a structured process for resolving family disagreement.

However, United Nations bodies emphasised that Afghanistan remains bound by international human rights obligations requiring free and full consent to marriage and protection from discrimination.

 

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The restrictions imposed since the Taliban returned to power in August 2021 reflect a broader pattern of limiting women’s rights. These restrictions include bans on girls’ education, barriers to women’s employment and the removal of women from decision-making and public life.

According to UN Women, such measures have undermined women’s access to livelihoods, services and community involvement, further restricting their participation in society.

As debate over the decree continues, its impact extends beyond the courtroom. For many Afghan women and girls, the combination of legal, financial and social barriers can make leaving an abusive marriage extremely difficult. The decree’s effects go beyond legal procedures, reflecting the broader challenges women face in seeking independence, safety and equal rights.