PARENTAL AND SOCIAL OBSTACLES TO TIMELY MARRIAGE IN KUNAR PROVINCE, AFGHANISTAN: AN INTEGRATED ISLAMIC LEGAL AND STATUTORY ANALYSIS

Abstract

This research article provides a comprehensive analysis of the primary sociocultural and familial factors causing delayed marriage in Kunar Province, Afghanistan, and offers integrated solutions derived from Islamic Shari’i law and Afghan statutory law (particularly
the Law on the Elimination of Violence against Women and relevant Civil Code provisions). Based on qualitative fieldwork, six interconnected obstacles were identified: (1) parental immorality affecting children’s marriage prospects; (2) an individual’s own bad reputation or status as a fasiq (openly sinful person); (3) the unlawful prevention of widows from remarrying according to their own choice; (4) long-standing tribal enmities (dushmandari) that block marital alliances; (5) unrealistic expectations and excessive demands for educated or talented spouses, leading to unnecessary delays; and (6) women’s fear that marriage will terminate their
access to education or employment. For each obstacle, the article presents a detailed Shari’i solution rooted in the Qur’an, authentic Sunnah, and classical Hanafi jurisprudence (with comparative references to other schools), followed by an analysis of the relevant statutory legal remedies. The findings demonstrate that while Islamic law strongly facilitates timely marriage and prohibits unjustified obstructions, local customary practices often override these principles, resulting in significant social and individual harm. The article concludes with actionable recommendations for religious scholars, community elders (jirgas), legal officials, families, and women themselves to harmonize religious obligations, legal rights, and cultural realities.