Arranged Marriages In Afghanistan: A Cultural Tradition's Prevalence

Afghanistan has one of the highest rates of child marriage in the world, with up to 57% of girls married before the age of 19. The practice is driven by gender inequality, the belief that girls are inferior to boys, and traditional and societal attitudes. It is also used to strengthen ties with rival families and tribes, settle debts and disputes, and as a survival tactic for displaced families. While child marriages occur in both rural and urban areas, they are more common in rural areas, especially along the borders with Pakistan.

According to the Afghanistan Independent Human Rights Commission, between 60 and 80% of marriages in the country are forced marriages, and the vast majority of these involve underage girls. The minimum age of marriage in Afghanistan is 16 for girls and 18 for boys, but religious and customary laws often contradict and take precedence over civil law, allowing marriages at younger ages.

The prevalence of child marriage in Afghanistan has severe consequences for girls, including limited access to education and employment, increased risk of domestic violence and abuse, and negative health impacts due to early pregnancy and childbirth. It also contributes to the cycle of poverty, as child brides often have limited future economic opportunities.

Child marriage: Afghanistan has a high rate of child marriage, with up to 57% of girls married before the age of 19.

Afghanistan has a high rate of child marriage, with up to 57% of girls married before the age of 19. The practice is driven by gender inequality, with girls being 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 money and goods. Child marriage is also used to strengthen ties between families and settle disputes.

Child marriage is more common in rural areas, especially along the borders with Pakistan. It is usually decided by men, with the women and girls involved having little to no say in the matter. The practice is illegal, but still widespread, with the minimum age of marriage for girls being 15 or 16, which is well below the internationally recommended standard of 18.

Child marriage has been linked to detrimental consequences for girls, such as the inability to obtain an education and skills to work independently. Girls who marry early are also more likely to suffer from domestic violence, discrimination, abuse, and poor mental health. They are also more vulnerable to complications in pregnancy and childbirth, with girls between the ages of 15 and 19 being twice as likely to die from childbirth and pregnancy than older women.

The Afghan government has made efforts to address child marriage, including approving anti-harassment legislation and launching a National Action Plan to Eliminate Early and Child Marriage. However, the implementation of these laws has been lacking, and child marriage continues to be prevalent in the country.

The increase in child marriage has been attributed to several factors, including the Taliban's takeover in 2021, which has restricted girls' access to education and opportunities. The economic crisis and food insecurity in the country have also played a role, with families resorting to child marriage as a means of survival.

Forced marriages: The Afghanistan Independent Human Rights Commission estimates that 60-80% of marriages are forced.

Forced marriages in Afghanistan

Forced marriages are a prevalent issue in Afghanistan, with the Afghanistan Independent Human Rights Commission estimating that between 60% and 80% of marriages in the country are forced. This is a significant problem that has far-reaching consequences for those affected, particularly women and girls. This article will explore the definition of forced marriage, the factors contributing to its persistence, and the impact it has on the lives of Afghans, especially women.

Understanding Forced Marriage

The term "forced" implies a lack of consent from one or both parties involved in the marriage. In the context of Afghan customs, this can include situations where relatives, including parents, coerce or force an individual to marry against their will. The coercion may take various forms, such as physical, spiritual, or emotional manipulation, and it can have severe impacts on the victims' freedom and decision-making abilities.

Legal Perspective on Forced Marriage in Afghanistan

From a legal standpoint, forced marriage in Afghanistan can be examined through civil and criminal law. The civil law, including the Civil Code of the Republic of Afghanistan and the Shia Personal Status Law, addresses the concept of duress, which refers to coercion or force that compromises an individual's freedom of choice. While civil law does not explicitly invalidate forced marriages, it considers them corrupt contracts, lacking some elements of validity.

Additionally, Afghanistan's criminal law includes the "Law of Prohibiting Violence Against Women," which aims to protect women's rights and prohibit forced marriages. Despite these legislative measures, the persistence of forced marriage in the country is a significant concern.

Factors Contributing to Forced Marriage in Afghanistan

Forced marriage in Afghanistan is influenced by a combination of social, economic, cultural, and religious factors. One of the primary drivers is the extended family structure prevalent in Afghan society, particularly in rural areas. In these communities, the head of the family, typically the father or older brother, wields significant influence over decision-making, including marriages. This dynamic often leaves young people, especially women, with limited agency in choosing their spouses.

Patriarchy and the associated belief in male superiority also play a significant role in perpetuating forced marriages. Men are traditionally viewed as possessing authority over women, and violence against women is often justified as a means of establishing power within the family and maintaining patriarchal values.

Religious factors, such as interpretations of Islamic texts that suggest women's imperfection of intellect, also contribute to the acceptance of forced marriage in Afghan society. Additionally, certain Islamic legal schools do not consider the consent of both parties as a necessary condition for a valid marriage contract.

Economic factors, including poverty, drought, and the impact of successive wars, further exacerbate the issue. Families facing financial difficulties may offer their daughters for marriage in exchange for a bride price or to reduce the cost of living. This dynamic is particularly prominent in rural and illiterate communities, where cultural and religious norms hold more sway than established laws.

Impact of Forced Marriage on Women and Girls

The consequences of forced marriage are dire, particularly for women and girls. It often results in a loss of educational and economic opportunities, as women are expected to fulfil domestic duties and provide exclusive sexual favours to their husbands. The lack of consent in these marriages also increases the risk of domestic violence, abuse, and mental health issues.

Additionally, child marriage, defined as marriage before the age of 18, is a significant concern in Afghanistan, with approximately 28% of girls being married before reaching adulthood. This has severe health implications, as girls who marry early are more likely to suffer from pregnancy-related complications and face a higher risk of dying from childbirth.

Forced marriage in Afghanistan is a complex issue rooted in cultural, social, economic, and religious factors. The Afghanistan Independent Human Rights Commission's estimate of a 60-80% rate of forced marriages highlights the urgency of addressing this problem. To effectively tackle forced marriage, it is essential to challenge the underlying factors that perpetuate it, including gender inequality, patriarchal norms, and economic disparities.

Legal age: The legal age of marriage in Afghanistan is 16 for girls and 18 for boys, but religious and cultural codes often override this.

In Afghanistan, the legal age for marriage is 16 for girls and 18 for boys. However, this is often overridden by religious and cultural codes, and child marriage is widespread. According to UNICEF, child marriage is defined as a "formal marriage or informal union before the age of 18", and it is more common for girls than boys.

The Afghan Civil Law Article 70 sets the legal age of marriage at 16 for females and 18 for males. However, Article 71 (subsection 1) allows a girl's marriage rights to be given to her father or guardian before she reaches the age of 16. Marriages for minors under 15 are prohibited under any circumstances. Despite these laws, regional customs and Sharia law take precedence over national law, and child marriages are still prevalent.

The Afghan government has made efforts to address child marriage. In 2009, the Law on the Elimination of Violence Against Women (EVAW) was passed, guaranteeing penalties for domestic violence, abuses against women, and forced child marriage. However, the implementation of this law has been lacking, and in 2013, the Afghan parliament passed a law preventing girls from testifying against forced marriages.

The Taliban's takeover in 2021 further exacerbated the problem of child marriage. The economic crisis that followed pushed many families deeper into poverty, forcing them to marry off their daughters at a young age. Additionally, the denial of education for girls increased their vulnerability to forced marriage.

According to estimates, between 60 and 80 percent of marriages in Afghanistan are forced, and approximately 57 percent of girls are married before the age of 16. The practice is driven by gender inequality, traditional societal attitudes, poverty, and the belief that girls are inferior to boys.

The consequences of child marriage are severe and include negative impacts on health, education, and economic opportunities for girls. It is also linked to domestic violence and mental health issues.

International organizations like UNICEF and UNFPA are working to raise awareness about the risks of child marriage and provide assistance to vulnerable families. However, the Afghan government and local authorities need to take concrete measures to effectively address and prevent child marriage in the country.

Education: Girls who do not complete secondary education are three times more likely to marry before 18.

In Afghanistan, girls face a multitude of challenges that hinder their access to education. These barriers are deeply rooted in cultural norms, gender inequality, and socioeconomic factors, ultimately contributing to a higher likelihood of early marriage. Here are some key factors that contribute to this issue:

Gender Inequality and Cultural Norms:

Afghan society has traditionally been patriarchal, with gender inequality playing a significant role in limiting girls' access to education. Cultural norms and traditional practices often devalue the role of women and girls, considering them primarily as sources of domestic labor and future wives. This mindset strips girls of their agency and decision-making power, including the choice of when and whom they marry. The perception of girls as economic assets further incentivizes child marriage, as families may receive substantial dowries from prospective grooms.

Lack of Female Teachers:

The shortage of female teachers, especially in rural areas, is a significant barrier to girls' education. Many families are reluctant to allow their daughters to be taught by male teachers, particularly as the girls approach adolescence. This cultural and religious sensitivity poses a challenge to educational access for girls, who comprise 60% of out-of-school children in Afghanistan.

Insecurity and Safety Concerns:

Insecurity and safety concerns, exacerbated by conflict and lawlessness, also hinder girls' enrollment in schools. The presence of militias, criminal gangs, and the Taliban in certain regions poses a direct threat to girls seeking an education. Additionally, natural disasters, such as floods, earthquakes, and landslides, further contribute to parental concerns about their children's safety, potentially discouraging school attendance.

Socio-cultural Factors and Beliefs:

Certain socio-cultural beliefs and practices directly contribute to child marriage. For example, the practice of "baad" involves exchanging girls between families to settle debts or disputes, with little regard for the girls' consent. This tradition is particularly prevalent in rural areas and among the Pashtun community. Additionally, the perception of early marriage as a means to prevent pre-marital sex and other "immoral" behaviors persists, fueled by religious leaders who shape community perceptions.

Economic Factors:

Economic factors also play a role in driving child marriage and hindering girls' education. Poor families may view selling their daughters for marriage as a means of survival, receiving large dowries from wealthier individuals. This decision-making power often lies solely in the hands of men within the family. Additionally, the perceived transactional nature of child marriage, where families expect economic benefits, reinforces this practice.

Access to Schools:

Limited access to schools, particularly in rural and remote areas, is another significant barrier. Long distances to schools and insufficient transportation options discourage school attendance, especially among girls. Geographical barriers, such as mountainous terrain, further compound the challenge of reaching classrooms.

Displacement and Humanitarian Crises:

Humanitarian crises, including conflict and displacement, have severe impacts on girls' education. Internally displaced families may view child marriage as a survival tactic, marrying their daughters off to older men who can provide financial stability during food insecurity. Additionally, refugee girls returning to Afghanistan often lack access to education and are not eligible for aid, leading families to arrange early marriages as a perceived solution.

Health and Reproductive Issues:

Early marriage has severe health consequences for girls, who are far more likely to suffer and die from pregnancy-related causes than older women. This vulnerability to health complications further reinforces the cycle of early marriage and limited education.

Addressing these interconnected issues requires a multi-faceted approach, including legal reforms, community engagement, and international support to uphold girls' rights to education and delay marriage.

Poverty: Families in poverty may marry off their daughters early to reduce living costs or settle debts

Afghanistan has a significant problem with child marriage, defined by UNICEF as "formal marriage or informal union before age 18". This practice affects more girls than boys, with up to 57% of girls being married before they turn 19, and 28% before the age of 18. The most common ages for girls to marry are 15 and 16.

Child marriage is driven by a transactional view of marriage, with girls seen as a source of economic value and domestic labour for their future household. Families living in poverty may marry off their daughters early to reduce living costs. The perceived transactional nature of child marriage and its expected economic benefits influence families to take this decision. The dowry received from the groom at the time of marriage is also a factor.

The cycle of poverty is perpetuated by child marriage, as child brides have limited future employment opportunities. In one survey, 94.3% of women who had been child brides reported that they were unemployed.

Child marriage is also used to settle debts and disputes. Poor families often end up selling their daughters for large dowries from wealthy people. The husbands in these marriages are usually much older.

The COVID-19 pandemic has exacerbated the vulnerability of children, particularly girls, leading to an increase in financial difficulties. A 2021 study found that 48% of Afghan families lost their source of income and 50% were unable to access food. The pandemic, along with the ongoing food crisis and the onset of winter, has pushed more families deeper into poverty, forcing them to make desperate choices such as marrying off their daughters at a young age.

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