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Husband's 2nd marriage no grounds for divorce: Pak Muslim body

Last Updated 22 October 2014, 16:25 IST

Pakistan's official religious body has demanded that the government repeal a law that allows a Muslim woman to seek divorce from her husband because of his second or subsequent marriages.

Chairman of the Council of Islamic Ideology (CII), Maulana Mohammad Khan Sheerani yesterday presided over its fourth meeting this year to focus on marriage laws.

Sheerani said that Islam had given women the right to separate from their husbands, but another marriage could not be a valid ground for doing so, the Dawn reported.

The council discussed the relevant section of the Muslim Divorce Act, 1939, and observed that the ground for such divorces was against Sharia.

"We want the government to repeal this section," Sheerani said. "A woman could seek separation if she was treated with inequality or cruelty but she is now allowed to separate due to second or more marriages," he added.

Sheerani, who is also member of parliament from Jamiat Ulema-e-Islam Fazal of Maulana Fazlur Rehman, is highly critical of family laws, under which a Muslim needs his wife's permission before second marriage which works as a bulwark against violation of basic right of women.
"Sharia allows men to have more than one wife and we demanded the government to amend the relevant laws where a person has to seek prior permission from the existing wife or wives," the CII chief said in the meeting.

Pakistani human right bodies oppose any change in the family laws. Talking about child marriages, he said 'Nikah' (marriage contract) of minor girl was justified only if it had been solemnised by the father or the grandfather of the girl in good faith and not as part of a ritual.

He said the consummation of marriage, according to Islam, should ideally happen after the 18 years. If a man was jailed for seven years, it could not be a valid reason for separation because the sentence could be condoned well before that period, he added.

The meeting also reviewed various laws, including the Protection of Pakistan Act, the National Security Policy, the code of conduct to prevent sectarian terrorism and sex education in the curriculum.

On March 10 this year, the council noted that the laws regarding second marriage by a man in the presence of the first wife were against Sharia.

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(Published 22 October 2014, 16:25 IST)

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