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SC ruling granting divorce right to first wife contravenes Shariah: CII


CII divorce right

ISLAMABAD: The Council of Islamic Ideology (CII) has said a recent Supreme Court ruling — which granted the first wife the right to dissolve her marriage if her husband marries for the second time without her consent — as contrary to Shariah, the Islamic law.

October 23, a Supreme Court three-member bench headed by Justice Mansoor Ali Shah issued a 18-page ruling stating that a husband’s second marriage without his first wife’s consent would allow her (first wife) to terminate the marriage contract.

CII Chairman Raghib Naeemi said that there is no bar on a man’s right to marry a second, third, or fourth wife under the Islamic law.

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He said that the Supreme Court’s decision to permit the first wife to end the marriage under such circumstances is un-Islamic, and Pakistan’s constitution does not allow laws which conflict with the Quran and Sunnah.

Naeemi said that while he respects the Supreme Court’s verdict, the CII has the right to offer its religious perspective.

According to him, “The Supreme Court ruling though aligns with the law of the land, it stands in conflict with Shariah principles.”

He also noted that the CII will place the Supreme Court’s ruling on its agenda discussion at its next meeting.

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