Marriage is an important social institution in Afghanistan, forging kinships and playing a significant part in a family's social standing and honour. Child marriages have been widespread in Afghanistan for centuries.
Several legal frameworks govern child marriage in Afghanistan, including religious laws such as Sharia law, customary laws such as Pashtunwali, and national and international laws and human rights. These can be viewed as four potentially overlapping and contradictory legal systems. The relative importance of these laws may vary according to location; these laws are not mutually exclusive and different laws may apply to people in a particular area.
The sources consulted emphasise the importance of religious and customary laws with regard to marriage. With regard to the religious framework, mutual consent is a prerequisite for marriage in Islam, while the appropriate age to marry is subject to debate. The Qur'an does not explicitly state a minimum age for marriage. Some Islamic scholars believe that reaching puberty is decisive, while others argue that child marriage is prohibited because children lack the maturity to enter into marriage freely. Some sources regard child marriage as un-Islamic. Some common law practices allow a girl to marry when she is deemed ready, typically upon reaching puberty.
Regarding national law, there have been periods of relative regulation of child marriage, alternating with periods of regression. Some progress was made during the communist period (1978–1992), when a minimum age for marriage was established, but this was followed by a decline during the times of the Mujahideen (1992–1996) and the first Taliban regime (1996–2001). During the Islamic Republic of Afghanistan (2001–2021), the national civil code stipulated that the minimum age for marriage was 16 for women and 18 for men. However, a girl over 15 could marry under this code with the consent of her father or a competent court. Under the 2009 Elimination of Violence Against Women (EVAW) Decree and a 2018 presidential decree, underage marriage was punishable. Forcing a girl under 15 to marry carried a minimum sentence of two years' imprisonment. Despite this legislation, the enforcement of laws on child marriage was poor. Sources also report a lack of knowledge of these laws.
Several sources establish a link between the lack of formal documentation regarding age and/or the absence of marriage registration and child marriages. The absence of formal documentation substantiating age, such as birth certificates and taskaras, coupled with the fact that age is often determined by estimation, makes it challenging to refute assertions that a girl has reached the legal age to marry. Marriage certificates and the registration of marriages are also uncommon.
Although several sources noted a decline in the number of child marriages during the Republic period (2001–2021), such marriages were still widespread. Following the Taliban's seizure of power on 15 August 2021, sources reported a surge in child marriages. The former legal system no longer functions since the takeover, and laws on the age of marriage are being reformed through edicts based on a restrictive interpretation of Sharia law. Sources report that the Taliban support child marriages in practice. As of 2025, child marriages are not officially banned and there are no penalties for those involved.
Based on its international obligations, Afghanistan is expected to set the minimum marriage age at 18 and ensure that marriages are based on free and full consent.
Several interrelated factors may lead to child marriage. Economic reasons are a key driver, with the bride price making child marriage a transaction that can serve as a coping strategy. Other reasons include honour, tradition, strengthening social ties, protecting the girls in question, poor enforcement or lack of laws, and a lack of educational and professional opportunities.
While some sources indicate that child marriage is widely accepted in Afghanistan and that awareness of its harmful consequences is low, several recent sources report that there is also individual opposition within Afghan society and that many Afghans are indeed aware of its negative consequences. According to several sources, the majority of Afghans surveyed consider the appropriate marriage age for Afghan women to be 18 years or older.
Marriages in Afghanistan are usually arranged. Typically, the marriage partners have limited participation in decisions regarding their own marriage. The Afghanistan Research and Evaluation Unit (AREU) describes how decisions about marriage differ from family to family and can also change over time. Factors that may come into play include the gender and age of the individuals involved, and whether it is a first or subsequent marriage. In some cases, the timing of the marriage can be negotiated, with the marriage being delayed until the partners are deemed ready to marry.
During the Republic, sources highlighted the vulnerable position of underage girls trying to avoid child marriage and seeking protection, despite the legal framework in place at the time. Following the Taliban's seizure of power, sources report a complete lack of opportunities for protection. Resistance to the choice of a marriage partner can trigger serious consequences. Girls risk becoming victims of honour killings.
Policy
The overall security situation in Afghanistan in recent decades has been largely determined by a long-running internal armed conflict, as a result of which many Afghans are internally displaced or have sought refuge abroad. The Taliban took power in August 2021, after many years of conflict between the former government, its security forces and foreign troops on the one hand, and rebel groups such as the Taliban and the ISKP on the other.
The end of the fighting between the former government and the Taliban resulted in a sharp decline in conflict-related violence and a significant drop in civilian casualties. In assessing the need for international protection, the Commissioner General takes into account that the Taliban's control of the entire Afghan territory has a significant impact on the human rights situation in the country and on the risk faced by many Afghans in case of return.
Following the seizure of power by the Taliban, the Commissioner General announced a temporary, partial suspension of refugee status determination decisions. In the period between 15 August 2021 and 1 March 2022, no rejection decisions were taken for Afghan applicants. However, it was apparent that many persons clearly were in need of protection; positive decisions granting refugee status were taken for those cases during that period. This also applied to many persons evacuated from Kabul.
In early March 2022, the suspension was ended. Since then, the CGRS has been taking decisions again for all cases.
The CGRS has to assess whether a need for protection exists for each applicant for international protection. Every application is assessed individually. This is done on the basis of the refugee and subsidiary protection definitions contained in law and international treaties. The CGRS does not make "political" assessments of a regime and grant protection status on that basis.