CII suggested removing the clause in the Child Marriages Restriction Act that any child cannot go against the will of father and maternal grandfather, who have arranged a marriage at the early age of the child. PHOTO: FILE
Pakistan’s top constitutional body responsible for giving legal advice to the legislature on Islamic issues has said Islam doesn’t prohibit underage marriage (Nikkah) – but consummation of marriage (Rukhsati) is allowed only when the couple – both husband and wife – reaches puberty.
The decree came at the end of a two-day meeting of the Council of Islamic Ideology (CII) on Tuesday. CII Chairman Maulana Muhammad Khan Sheerani presided over the session.
The council suggested removal of a clause in the Child Marriages Restriction Act 1929 that prohibits a child from going against the will of his/her father and maternal grandfather, who have arranged an underage marriage for him/her.
CII members suggested that after reaching puberty, the child should have the right to undo the decision of his/her father and grandfather on underage marriage.
Under the 1929 marriage laws, a couple can defy their underage marriage if it is contracted by their relatives, but they cannot go against the decision of their fathers and maternal grandfathers.
A source, who attended Tuesday’s meeting, told The Express Tribune that most CII members agreed that children should be given the right to undo their underage marriage after reaching puberty, if they desire so.
The CII members believe that the modern-day children are comparatively more aware and mature to take a decision about their marital life, therefore the 1929 marriage laws need to be amended and the specific clause relaxed, the source said.
The Shia Ulema told their CII colleagues that according to Fiqa-e-Jaferia, the clause is not binding since it is not against any principle of the Sharia law.
Meanwhile, Dr Nafisa Shah, the coordinator of PPP’s Human Rights Cell, expressed concern over a statement of the CII chief about second marriage. Maulana Sheerani said on Monday that a male Muslim does not need a written approval from his existing wife/wives in order to contract another marriage.
“Why is the CII concerned with men’s four marriages and why they have done nothing to ensure that women get their right in inheritance as enshrined in Islamic law? Or why have they failed to stop practices such as Vani, Swara and Karo-Kari? Or stop rape, and acid crimes against women?” asked Dr Shah.
“Unfortunately, Islam has been misinterpreted over a period of time by a mindset and a particular school of thought. Islam and modernism are compatible provided progressive scholars interpret the religion,” she added. She called upon the government to induct progressive Islamic scholars in the CII so that women’s rights are also protected.
Published in The Express Tribune, March 12th, 2014.
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@Ahmed: its not about the law being revoked( which is good) but their point of view that under-age marriage is ISLAMIC.
@Nabeel: because there is no centrist. You are either left or right. You are a centrist when you are afraid to take either of the two positions.
When was the last time someone heard of a CII meeting?
@vinsin , religion was a fashion statement in the stone ages
The religion of Islam does not permit more than one wife; nor does it allow a Nikah between a man and a woman who are not adults. Anything deviating from this obligation is unislamic and a deviation.
Rex Minor
Did any one in their right mind read and understood this article?
Read again with due attention and read full, and then tell whats wrong in it?
@saleem: not true. In most of the religion child marriage was there not marriage b/w child and an adult. Islam sanctified that. Marriages b/w two child was practices because average life span was too short. Islam introduces the marriage b/w a child and an adult, a child and an old man.
Nafeesa Shah of Slapping-a-Lady-Returning-Officer-during-Elections fame.........surely she is a better defender for women rights than Moulana Sherani.
@Intelligent: Why do not you just turn to a mere human being respecting basic human values rather than looking for perfect islamic literature to interpret islamic values correctly. Religion is something that turns a normal person to inhuman then try to revert back. Why not have a religion free world ? Why should we need religion at all ? I am not affiliated to any religion I am not missing anything in my life. I am trying to be as human as possible.
CII means Comedians of Islamic Ideology
@I am a Khan: I am still living in USA & you are completely wrong. You might lived in ghetto of druggist that is reason your opinion is worst.
Good now one can marry on first day of birth and consummate the marriage at age 9 and start delivering child at 11 or 12 years of age. Like world needs more poor uneducated Muslims.
@salim:
I have lived in the west and their society when it comes to personal life/relationships is far worse than ours. dont confuse their wealthy economies, and welfare state structure with their dismal personal lives.
It's all to please Zaliman and Saudi Arabia.Old CII was consist of stupids who gave incomplete Shariah.
What is crucial has been left out. The CII should clearly state what they mean by "puberty" or "coming of age." Should a 50 year old man be allowed to consummate his marriage to a 13 or 14 year old girl just because she has clinically reached puberty?
@imran: Any body who have been to West will bear me out that their culture is far advanced and better than ours. They have been through these religious mess earlier.The only insight we have about the west is that they will be doomed because of sex. And we forget the above mentioned sentiment of our mullahs about sex and the situation of Pakistan itself.
The CII meetings should take place in tents pitched in the middle of the desert and they should travel to that place on camels.
I am convinced today that the centre of Islam is Pakistan ! I wonder what other Muslim nations think about this decree !!
Country going down the drain and our most learned scholars further breaking the bones of our kids now. All members of this council should immediately be fired and new lot be taken onboard
Now why would we still give importance these people who have kept Muslims in dark ages with their myopic blinkered religiously and socially illiterate existence!!??? This is the same mindset which gave fatwa that "loudspeakers are haram" and now they can;t live without loudspeakers. Same characters termed Medical College is unIslamic in Ottoman Empire, also termed printing press as UnIslamic. These are frozen minds which should best be lest untouched
i think people gone crazy about this but the fact is that there r some wanna be people who wanna portray that they r very western and they want western way of thinking to be imposed on people of pakistan and that is why they have one sided argument... in islamic jurisdiction or shariah law a person reach adulthood once he/she reaches puberty... and what CII is saying that that puberty matters not the age... and we have some cultural and religious norms which we want to follow and respect ... soo dont make a fuss of something which is not soo big thing
Child marriage should be prohibited. Full stop. Only those who are over 20 should be allowed to wed. This is 21 century. ignore any other law.
haha....children can decide whether to stay married or not !! Right when children should be learning history geography and open up their mind to limitless possiblities people come up with this, maturity levels are high in pakistan, as an indian i only wish learned people from pakistan do somthing about this, this is insane, i know i have many things to worry about in india itself but guys something thats is bad ought to be said so
Would it not have been better if the sanctity of the contract of Nikkah is treated seriously, and the CII should have forbidden contracting Nikkah when children are minor. This would have been a more admirable first step.
Our pseudo-liberal brothers and sisters sometimes drive into so much neagtivity about islamic scholars that they start bashing at anything which the mullahs say, even when they do something better... just as presented in this news...
Why can't we be centrists in everything?
No wonder the world has such a poor opinion about Islam;These maulanas are the worst enemies of Islam and its spirit.
@truthneverlies: Puberty can happen at a very young age, as young as three . These days the age of puberty is around seven. Because of evidence of hadeeth, Iran has set the age of marriage at nine. There is no minimum age of marriage in the Gulf Kingdoms.
Well in a row against extremist mindset we may not forget to see and take things on merit. Here, we need to have patience, before outrightly criticising Islam and Pakistan. Let's not leave look these two with hate, since they are our identity. Rules need to be whether we like it or not. If not Islamic, western.. ..
'Underage marriage is permitted, but rukhsati can happen only upon puberty'
So according to these gentlemen, under-age is not 18 or 15 or any such arbitrary western figure - underage means pre-pubescent, people - so quit complaining already.
This just keeps getting better and better, doesn't it.
"CII members suggested that after reaching puberty, the child should have the right to undo the decision of his/her father and grandfather on underage marriage." This is actually a sane alteration of the law. People should read the entire article carefully before commenting. Moreover, the only thing we Pakistanis truly care about is the welfare of Muslims living in other countries.
I feel sick to my stomach to read this.
@truthneverlies
Please read it again.
@turthneverlies: " have “consummation” upon reaching puberty (10 to 12) " Are you serious?! 10 to 12 year olds?? WHich planet are you from?
CII please leave us alone
Go away...
So, the child can be married at any age and have "consummation" upon reaching puberty (10 to 12) according to Islam? Anyone sees something wrong here?
So what the anti-Islam mob was telling us was correct all along !
Good! Empower the youth to take decisions themselves, no forced Nikah or Rukhsati! This is a very resolution which nullifies any elder from forcing their children to marry against their will. Unfortunately, in Pakistan, marriages are forced upon the children long after they reach puberty. Regarding polygamy, it's allowed in Islam and can be practiced by any male. It's a meticulous decision however since he is then answerable to Allah for any injustice that might occur between his wives. Polygamy has its advantages. It's a legal framework to provide females societal security and ability to have her own family! Many females of my people are today going unmarried because the well-off men are not given acceptance to have more than one wife. This doesn't stop those men from resorting to secondary methods to gratify themselves: prostitution, frequent divorces. The former being a horrendous objectification of the genteel gender. After wars, disparity amidst the male and female population rises sharply, the widowed and unmarried females should always have a chance to start another family of their own, everyone deserves to live their life to the maxim. Unfortunately, female rights activists frown upon polygamy as ONLY being a means for a man to assuage his carnal desires; marriage, as many of us know, is much more than that. P. S. Everyday in my religion is a Women's Day.
Atleast read what's written. They are actually removing the law which states that children 'can't' go against the decision of parents, which was made when they were not adults.
Uneducated Mullah's from the small streets and villages of Pakistan have destroyed Islam and spreading the knowledge wrongly. The authentic Islamic books should be referred first instead of listening and following these Mullah's first.
Why not Pakistan is an Islamic country. This is what Pakistan deserve.
what the heck is wrong with this country??????!!!!