BAKU — As of July 1, Azerbaijan has officially outlawed marriages between first cousins, including children of uncles and aunts, under a significant amendment to the country’s Family Code approved by President Ilham Aliyev. The reform expands the list of biological relationships that legally prohibit marriage, citing the need to prevent close kin unions.
However, despite the formal ban, legal experts warn that the law lacks enforcement teeth when it comes to unofficial unions.
No Punishment for Unregistered Relationships
Lawyer Tural Hasanli, speaking to legal platform e-huquq.az, noted that while the new law prohibits cousin marriages, it does not impose any criminal or administrative penalty if individuals engage in such relationships informally—without registering their union. Even if children are born from these unions, the law remains silent.
“This creates confusion in society,” Hasanli said. “If such relationships are banned, why aren’t they punishable?”
Marriage Is a Right, Not a Crime
Hasanli emphasized that the right to marry is protected by law once individuals reach legal adulthood. While the state has the authority to regulate who may marry, it should not criminalize personal relationships based on biological ties. “Marriage is fundamentally a legal right,” he said. “The state may impose limitations, but it should not penalize adults for forming unions.”
Drawing comparisons to European legal frameworks, Hasanli highlighted that in many Western countries, even same-sex marriages are permitted. “The fact that something is prohibited by law doesn’t mean it should automatically lead to punishment,” he argued.
Legal Uncertainty Lingers
The recent amendment reflects a growing concern in Azerbaijan over the social and health implications of consanguineous marriages. Yet without clear penalties or social mechanisms to enforce the rule, experts suggest the reform may fall short of its intended impact.
In its current form, the law effectively draws a line in official policy—but leaves a grey zone where unregistered relationships continue unchecked, raising questions about the coherence and enforceability of family law in Azerbaijan.
