Another regressive declaration: Why Govt is afraid of to disband CII?
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2016-02-23 05:44:02

Another regressive declaration: Why Govt is afraid of to disband CII?

CII

 

The Council of Islamic Ideology (CII) has declared it un-Islamic for courts to use ‘Khula’ (right of a woman to seek divorce) without the consent of a husband to dissolve a marriage.The powerful religious body observed on Thursday that courts were dissolving nikkahs in the name of ‘Khula’, which is not correct since only the husband has the right to grant Khula after which courts can dissolve marriage contracts. Urging civil courts to differentiate between ‘Khula’ and a unilateral dissolution of marriage through a court order, the CII said several women who had dissolved their marriages using ‘Khula’ were still not certain if their marriage had actually been dissolved. The council elaborated that since the current marriage laws do not define the framework and procedure of khula adequately, a civil court’s ruling on this basis would be a violation of the Quran and Sunnah. Moreover, the husband must be granted the right to appeal against such a court decision. While varied understandings of khula exist in different Islamic schools of thought, the council maintained that to terminate the marriage contract on her own, the wife must forfeit her financial rights. The Dissolution of Muslim Marriage Act, passed in 1939, which determines current legal proceedings, also requires this. This recent pronouncement falls neatly into the typical pattern of the CII’s judgments, unequivocally reflecting the regressive, parochial thinking of those heading it. Previously, the council ruled out the use of DNA in rape cases, reasserting the questionable law, which states that a woman must prove her allegation of rape by presenting four male witnesses, a caveat that is quite impossible. Most recently, Sherani’s pressure overturned a bill seeking a ban on child marriages. Despite the fact that the CII is a purely advisory body, that has no constitutional power, it continues to have excessive influence, made possible by the blind devotion to the literalist interpretations of mullahs widespread in society. What most starkly exposes the body’s vacuous perspective is its complete ignorance of the real issues that plague society. While the clerics pass tedious recommendations on issues that in this day and age should not even be under discussion, they avoid delving into the real grievances of the people and are yet to provide Islamic aid on issues such as poverty, education or the environment. The government should take to heart repeated suggestions of disbanding the council, which has time and time again proven to be a draconian body only capable of holding back positive social change with its regressive declarations.

 

pk.shafaqna.com

 

 

Categories:   Society ،
Tags:   CII ، Maulana Sherani ، Khula ،
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