Islamic Sharia Laws
Pakistan Islamic council grants women’s absolute right to divorce: government intervenesUnder existing laws, men are free to divorce their wives, but a woman can only start divorce proceedings if she first surrenders her right to ‘mehr’, or money pledged to her at the time of wedding as a token of her husband’s earnestness. Existing laws allow a husband to divorce his wife verbally in private but CII recommended it should be done in writing. Though this proposal was received well by the progressive sections of society, there was a lot of hue and cry raised by many others. Many religious scholars objected to this as well due to the fact that all fiqahs (schools of thoughts of Islam) have their own rules regarding divorce and thus a decision should not be reached till ulema of all sects have been taken into confidence. The composition of the CII is such that it does not represent all sects of Islam, thus leading to this controversy. In order to bring reforms in the Muslim Divorce Laws, the CII should invite religious scholars of all sects to discuss this issue and then come to a unanimous decision, as it is obligatory for Muslims to study everything which is necessary for the physical and spiritual well being and development of the Muslim community. Islam has recommended ‘ijtihad’ to resolve issues according to that point in time. The literal meaning of ijtihad is to strive with one’s total ability and efforts to reach a goal to endeavour to deduce the divine laws of Shariah from the Quran and Sunnah. After reaching a consensus, the recommendation should be sent to the parliament as the government is duty bound to take such issues to the legislation. But to make this issue controversial even before the parliament has taken any decision regarding this matter is uncalled for.
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5:46 AM
Moderate Islamist here
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