HOVIAT – Women’s Identity condemns the publication of the “Regulations on Marital Separation” issued by the Taliban’s Ministry of Justice and considers it part of a systematic process aimed at restricting the rights of women in Afghanistan. These regulations form part of a broader set of restrictive measures that directly affect women’s rights in matters of marriage, divorce, access to justice, and legal protection.

These provisions have been introduced at a time when Afghan women continue to face severe restrictions on education, employment, and participation in public life. HOVIAT believes that several provisions of these regulations are inconsistent with Afghanistan’s international obligations regarding the rights of women and children, as well as with the principles of equality, justice, and due process.

Key Human Rights Concerns

• Child Marriage

The recognition of certain forms of marriage involving minors and the limitation of independent decision-making rights conflict with the principle of free and full consent in marriage and with the rights of the child.

• Freedom to Choose a Spouse

Granting broad authority to guardians and applying criteria based on “compatibility” (kafa’ah) may restrict women’s autonomy and freedom to choose their spouses.

• Discrimination Between Women and Men

Certain provisions of the regulations concerning marriage and marital separation raise serious concerns regarding the principle of legal equality between women and men.

• Absence or Disappearance of a Husband

Restrictions on a woman’s ability to seek separation in cases of prolonged absence or disappearance of a husband place women in situations of legal uncertainty and heightened vulnerability.

• Domestic Violence and Access to Justice

Limitations within the separation process may impede women’s access to protection mechanisms and effective remedies in situations involving domestic violence.

• Coercive Punishments

The inclusion of certain coercive and punitive measures is incompatible with the principles of human dignity and the prohibition of cruel, inhuman, or degrading treatment.

HOVIAT’s Calls to Action

1. To Islamic Countries, the Organization of Islamic Cooperation (OIC), and Religious Scholars

HOVIAT calls upon Islamic states, the Organization of Islamic Cooperation, and respected religious scholars to adopt a clear and responsible position regarding these regulations, drawing upon the Islamic principles of justice, prevention of harm, and protection of the rights of women and children.

2. To the United Nations and International Human Rights Mechanisms

HOVIAT urges the United Nations, the UN Special Rapporteur on the situation of human rights in Afghanistan, and other relevant international bodies to independently assess and document the impact of these regulations and prioritize monitoring and addressing violations of women’s rights.

3. To National and International Media

Media outlets should accurately and responsibly report on the consequences of these regulations and help prevent the normalization of gender-based discrimination.

4. To the People of Afghanistan and Civil Society

HOVIAT calls upon the people of Afghanistan, civil society organizations, academics, and human rights defenders to demonstrate solidarity in support of justice, equality, and the fundamental rights of women.

Concluding Message

HOVIAT reaffirms its unwavering commitment to defending the rights of Afghan women. The continued and systematic erosion of these rights not only affects the lives of millions of citizens but also poses a serious challenge to global commitments to justice, equality, and human dignity.

Respectfully,

HOVIAT – Women’s Identity