Creating deterrence: CII for criminalising three pronouncements of divorce at a time

Allama Ashrafi says divorce rate in Pakistan has gone up by 150-200%

ISLAMABAD:

The Council of Islamic Ideology (CII), a top constitutional body that advises the legislature whether or not a certain law is repugnant to Islam, has proposed the government criminalise three pronouncements of divorce at a time.

“Pronouncing Talaq, or divorce thrice in quick succession is un-Islamic and against the Sunnah of the Holy Prophet (pbuh),” said CII Chairman Maulana Muhammad Khan Sheerani. “Anyone seeking divorce is supposed to make the three pronouncements over a period of time.”

Pointing to the increasing trend of divorces in the country, Maulana Sheerani said much more care should be taken while ending a ‘sacred relationship’ like marriage. He added that the CII proposed the government make legislation to declare pronouncement of three divorces at once a punishable offence.



CII member and chairman of Pakistan Ulema Council Allama Tahir Ashrafi said that the proposal has been made to create deterrence against divorce. “The divorce rate in Pakistan is estimated to have gone up by 150 to 200 per cent,” Ashrafi told The Express Tribune.

According to Ashrafi, the proposal has been sent to the federal law ministry so that it could be translated into legislation. “The law minister assured me that the government will not create any hurdles for legislation. I hope the government will soon introduce a law [for this purpose],” he added.

In Wednesday’s meeting, the CII also discussed whether Islam allows women to become judges or not. Although the council agreed that women could perform as judges, it asked female judges to observe hijab.

Talking about the matter, Ashrafi said that since unlike the past judges today only issue verdicts and are not responsible for their implementation, “there is no harm for women to become judges.” He added, however, that a woman could not be a judge in cases of Hudud or Qisas.

Asked about the CII’s instructions about hijab, Ashrafi said they asked both men and women to follow the code defined in the Islamic Sharia.

Last year several rights activists condemned a report of the CII declaring the law requiring consent from first (second or third) wife for another marriage un-Islamic. The CII had said that Islamic Sharia did not bind a husband to seek permission from any of his wives before contracting another marriage.

Published in The Express Tribune, January 22^nd, 2015.