Although the legal age for marriage in Tajikistan is 18, courts may grant permission for girls to marry at 17 under “exceptional circumstances.” In reality, however, girls are often married off at even younger ages. Parents routinely petition courts with emotional appeals, citing poverty, orphanhood, or the wishes of elderly relatives, to secure early marriages for their daughters.
Legal Loopholes and Judicial Discretion
As explained by lawyers from PRO BONO DE JURE, applicants must justify their request to lower the marriage age and provide supporting evidence. Yet the law offers no clear definition of what qualifies as “exceptional,” leaving judges broad discretionary power.
In practice, economic hardship is the most common justification. Sociologist Gulnora Beknazarova, who reviewed approximately 550 court cases on underage marriage, found that only one involved a couple in love. “The rest were applications from poor families or guardians claiming they couldn’t afford to care for the girl,” she said.
In some instances, judges have approved marriages simply because wedding plans were already in motion and the bride’s age came to light only during registration. “These cases account for just 3%,” noted gender researcher Diana Ismailova, “but their very existence highlights a troubling precedent.”
Social Pressures and Family Expectations
In rural communities, many mothers fear their adolescent daughters may come under “bad influences” and lose their virginity before marriage. “After ninth grade, girls are impossible to control… they ruin their future,” said one woman who arranged her daughter’s marriage at 16, as quoted by Your.tj.
Elder family members also play a significant role. In traditional Tajik households, their wishes often carry the weight of law. For some, marrying off a granddaughter is a final wish, one that younger family members feel obligated to fulfill.
According to Beknazarova, societal expectations enforce a rigid timeline for girls. “There’s a ‘social clock’ that ticks faster for them. If a woman isn’t married by 22, she risks being labeled an ‘old maid,’” she explained. In contrast, men face far less societal pressure regarding marriage age.
“Marriage at 16 isn’t rare,” she added. “Even if not officially registered until 18, society still views it as normal.”
Cultural Norms vs. Practical Realities
Early marriages are often poorly considered. Parents seldom ask: “What if she divorces?” or “How will she support herself?” Divorce rates are rising, but it is typically the woman who ends up raising the children alone.
Beknazarova attributes these decisions to a traditional mindset in which a girl’s path is predetermined: marriage and motherhood. “You marry off your daughter because it’s time, because that’s what everyone does,” she said.
Still, change is slowly taking root. In 2024, amendments to Tajikistan’s Education Act made schooling through grades 10-11 compulsory. More girls are completing their education, and awareness efforts by government and civil society groups are helping shift attitudes around women’s rights.
“Young people are already thinking differently,” Beknazarova said. “And life will sort everything out in time.”
