First wife cannot annul marriage over husband’s second one: CII rules

Author: Agencies

The Council of Islamic Ideology (CII) has ruled that granting a first wife the right to annul her marriage if her husband remarries without her consent is against Islamic principles.

The decision, announced following a meeting on Wednesday, rejects the legal provision that allows a woman to dissolve her marriage on these grounds.

The council stated that such a right is not supported by Islamic law, reinforcing its stance on traditional interpretations of polygamous unions.

The council also discussed the inclusion of medical testing for thalassemia and other infectious diseases in marriage contracts.

It concluded that while such tests can be an optional part of the contract, they cannot be made a religious requirement for marriage. The decision reflects an effort to balance public health concerns with personal freedoms under Islamic law.

In its latest meeting, the CII also addressed linguistic and ethical issues, stating that Islamic terms such as Salah (prayer), Ayah (verse), and Masjid (mosque) should not be translated into English. The council believes that preserving the original Arabic words maintains their religious significance and prevents any misinterpretation of their meanings.

Religious scholars and leaders were urged to play a more active role in discouraging electricity theft, which the council described as both an economic crime and an ethical violation.

The CII also discussed the government’s contributory pension scheme, approving its implementation for newly recruited employees but insisting that existing employees should not be forced into the system.

Additionally, the council emphasised that the scheme must be free from interest-based (riba) financial elements to align with Islamic financial principles.

A discussion on the establishment of human milk banks was postponed, with the council stating that further religious and ethical consultations were needed before issuing a ruling.

The CII, which advises on aligning national laws with Islamic teachings, does not have legislative authority but significantly influences legal and religious discourse in Pakistan.

Meanwhile, the Council of Islamic Ideology (CII) Chairman, Dr. Muhammad Raghib Hussain Naeemi on Wednesday highlighted the institution’s vital role in shaping Pakistan’s Islamic legal and constitutional framework during a golden jubilee ceremony commemorating 50 years of the council’s establishment.

Addressing an event, which was attended by the prime minister, religious scholars, and intellectuals, Dr. Naeemi underscored the historical and constitutional significance of the CII. He said the council was not merely a symbolic institution but a foundational pillar justifying Pakistan’s existence as an Islamic republic.

“The CII is a testament to Pakistan’s commitment to an Islamic system of governance. From the objectives resolution to the incorporation of Islamic provisions in the Constitution, Pakistan’s founders ensured that the country remained aligned with its ideological roots,” he remarked.

He emphasized that the CII has consistently played a pivotal role in preserving Pakistan’s Islamic identity and maintaining religious harmony. “In times of sectarian tensions and legal controversies, the council has acted as a guiding force, preventing chaos and ensuring peace,” he added.

Dr. Naeemi cited key instances where the CII played a crucial role in defusing religious and legal conflicts. He referred to the Islamabad Hindu temple controversy, where the council’s intervention led to a peaceful resolution, and the tragic Sialkot lynching incident, where the CII’s delegation engaged with the Sri Lankan High Commission to ease tensions.

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