The Shadow Of Tradition: Arranged Marriages And Afghan Women's Silent Struggle

Arranged marriages are still prevalent in Afghanistan, with the country having one of the highest rates of child marriage in the world. According to UNICEF, 28% of women aged 15-49 were married before the age of 18, with 57% of girls married before they turn 19. The practice is driven by gender inequality, family structure, and cultural, political, and economic factors. The Taliban's takeover has exacerbated the situation, with families forced to make desperate choices due to poverty and a lack of access to education and basic necessities. Despite laws prohibiting child marriage, such as the 2009 Law on the Elimination of Violence Against Women (EVAW), implementation and enforcement remain challenging due to regional customs and opposition to the legislation.

The prevalence of child marriage in Afghanistan

Afghanistan has one of the highest rates of child marriage in the world, with 28% of Afghan girls married before the age of 18 and 4% before their 15th birthday. The practice is driven by gender inequality, with girls viewed as a source of economic value and domestic labour for their future households. It is also driven by harmful traditional practices, such as the transactional view of marriage, and the exchange of girls between families.

Child marriage is often used to strengthen ties between families and settle disputes. This practice is known as "baad" and girls have little say in the matter. Girls who try to escape arranged marriages are sometimes arrested for "zina" (running away), which is seen as a moral crime.

The Taliban's takeover of Afghanistan in August 2021 has exacerbated the problem of child marriage. The ban on girls' education and the economic crisis have left families feeling they have no choice but to marry their daughters off at a young age. Families also receive a dowry from the groom, which can help them survive financial difficulties.

The Taliban has passed laws to prevent forced marriage, but these are not being effectively enforced. The group's commitment to upholding Sharia law, which allows marriage before the age of 18, takes precedence over any other legislation.

The legal framework surrounding marriage

Civil Law

According to Article 40 of the Afghan Civil Law, marriage is defined as a "contract between a male and female for the establishment of a family." This civil code sets the legal age of marriage at 16 for females and 18 for males. However, Article 71 (subsection 1) allows girls under the age of 16 to marry with the permission of their father or a judge, while marriages for minors under 15 are prohibited. Despite the existence of this civil law, regional customs and Sharia law often take precedence, leading to inconsistencies in its implementation.

Sharia Law

Sharia law, also known as Islamic law, governs marriage practices for the Muslim population in Afghanistan, which includes both the Sunni majority and Shia minority. Sharia law dictates that marriage requires the adulthood and sanity of both parties. In cases of non-adulthood, the guardianship of the father or grandfather is required. Additionally, Sharia law grants fathers and grandfathers the authority to marry off their children.

Historical Context

The history of marriage laws in Afghanistan has been influenced by various rulers and legislative changes. From the mid-18th to the mid-19th century, Afghan society was largely decentralized, allowing different ethnic groups to interpret and apply Hanafi principles, a Sunni school of thought, in their own way. Later, from 1880 to 1901, Amir Abd al-Rahman Khan issued royal decrees based on Sharia law, aiming to eliminate child and forced marriages. This effort was continued by his son, Amir Habibullah Khan, who ruled from 1901 to 1919.

Efforts to Address Child Marriage

Afghanistan has made commitments to eliminate child marriage by 2030, in line with the Sustainable Development Goals. The country has ratified the Convention on the Rights of the Child, setting a minimum age of marriage at 18. Additionally, Afghanistan ratified the Convention on the Elimination of All Forms of Discrimination Against Women in 2003, which mandates free and full consent for marriage. Despite these international commitments, the implementation and enforcement of laws remain challenging due to cultural norms, gender inequality, and the influence of regional customs and religious laws.

The impact of child marriage on girls' education and employment

Child marriage has a detrimental impact on girls' education and employment opportunities. Girls who marry early are more likely to drop out of school and face barriers to returning to education. This limits their future employment opportunities, affecting their socio-economic status for generations to come.

Impact on Education

Girls who marry early often drop out of school. In some cases, girls are expected to leave school to take on household responsibilities, such as childcare, and to prepare for their role as a wife. In other cases, girls are prevented from returning to school due to official school or national policies.

Child marriage is both a cause and a consequence of poor educational attainment for girls. Girls who have not completed their education are more likely to marry before the age of 18. The longer a girl stays in school, the less likely she is to marry as a child.

Girls who marry early are also more likely to experience adolescent pregnancy, which can lead to further exclusion from education.

Impact on Employment

Child marriage limits girls' future employment opportunities. Girls who marry early are less likely to complete their education, which affects their income-earning potential. This has a wider impact on society, with research suggesting that governments could save up to $17 billion a year by ending child marriage.

Girls who marry early are also more likely to experience dangerous complications in pregnancy and childbirth, which can further impact their ability to work.

Factors Contributing to Child Marriage

Child marriage is a complex issue with no single cause. However, some common driving factors include:

• The low value placed on girls in many cultures, which limits their educational and employment opportunities.
• Poverty, as families may marry their daughters off early to reduce financial burdens.
• Social norms that prioritise boys' interests over girls', leading to a lack of investment in girls' health and education.
• Harmful traditional practices, such as the exchange of money and goods in marriage transactions, which can be economically driven.
• Adolescent pregnancy, as girls may be married off to avoid the social stigma of pre-marital sex and childbirth out of wedlock.
• Displacement, as families may perceive child marriage as a survival tactic during times of crisis.
• Lack of access to education, as girls who are illiterate are more likely to become child brides.

The Taliban's role in the increase of child marriages

Since the Taliban's takeover of Afghanistan in August 2021, there has been a dramatic increase in child marriages, with families marrying off their young daughters to prevent them from being forced into unions with Taliban fighters. This is especially true for families who cannot bear to see their daughters married to much older men, as is often the case with Taliban fighters seeking second or third wives.

The Taliban's closure of girls' schools and the ban on girls attending school has also been a significant factor in the rise of child marriages. With little hope for their future, girls are giving up on their dreams and resigning themselves to their fate. The lack of access to education also means that girls are less likely to be able to independently support themselves, making them more dependent on their families and potential husbands.

The economic collapse and humanitarian crisis in Afghanistan have also played a role in the increase in child marriages. Families are desperate, and marrying off their daughters early is seen as a way to secure their future and reduce the number of mouths to feed. Girls are also viewed as a source of income, with families receiving dowries from the groom at the time of marriage.

The fear of violence against girls is another reason why families are forcing their daughters into early marriages. The uncertainty of the future and the impending political conflict have created an environment where families believe that marrying off their daughters will protect them from harm.

The Taliban's disregard for the rights of women and girls has also contributed to the rise in child marriages. The group has issued over 50 pieces of legislation that effectively erase women from public life and limit their work and education opportunities. The Taliban has also failed to enforce laws that prohibit child marriage, such as the Law on the Elimination of Violence Against Women (EVAW), which guarantees penalties for forced child marriage.

The Taliban's policies and actions have had a devastating impact on the lives of girls and women in Afghanistan, with their rights and freedoms severely curtailed. The international community must take concrete measures to address this crisis and hold the Taliban accountable for their violations of human rights.

The consequences of child marriage on girls' health

Child marriage has devastating consequences for girls' health. Here are some of the key impacts:

• Adolescent pregnancy and child marriage: Child marriage is a key driver of adolescent pregnancy, which carries serious health risks. Girls who marry before age 15 are 50% more likely to suffer from intimate partner violence than those who marry later.
• Gender-based violence and child marriage: Child marriage is a manifestation of gender-based violence, putting girls at increased risk of sexual, physical, and psychological violence throughout their lives.
• HIV and child marriage: Girls are disproportionately affected by HIV, and child marriage increases their risk of contracting it. Globally, 3 in 5 new HIV infections among 15- to 24-year-olds are in girls and young women.
• Female genital mutilation/cutting and child marriage: Child marriage and female genital mutilation/cutting (FGM/C) are both human rights violations and harmful practices driven by gender norms linked to controlling women's sexuality. FGM/C can be a precursor to child marriage.
• Maternal and child health: Child marriage increases the risk of dangerous complications in pregnancy and childbirth, with girls who give birth before age 15 being five times more likely to die than those in their 20s. Stillbirths and newborn deaths are also 50% higher among mothers younger than 20. Babies born to adolescent mothers face a higher risk of low birth weight, malnutrition, and underdevelopment.
• Domestic violence: Girls who marry before age 15 are almost 50% more likely to experience physical or sexual violence from a partner. Child marriage can also increase the risk of girls becoming infected with HIV, especially if their husbands are older and have had multiple sexual partners.

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