Pak body proposes changes in divorce law, triggers controversy

Islamabad, Nov 17 (PTI) Proposing sweeping changes in
family laws in Pakistan, a constitutional body has suggested
that a divorce sought by a woman would go into effect if the
husband fails to respond within three months.

The Council of Islamic Ideology (C.I.I.), which advises
the government on issues of Islamic jurisprudence, also
recommended registering the first declaration of divorce by
the husband, following which the second and third declaration
would annul the marriage.

The proposals have immediately sparked a row, with
religious parties and leaders accusing the C.I.I. of
"transgressing" its mandate by suggesting amendments in the
Islamic 'Sharia' laws.

They have strongly reacted to the proposal in which
C.I.I. said a divorce would be deemed to go into effect 90
days after a woman filed for separation even if the man does
not respond by that time.

In a joint statement, Jamaat-e-Islami Chief Qazi Hussain
Ahmed, Chief of Ittehad-ul-Ulema, Maulana Abdul Malik and
leader of Al Hadith, Maulana Abdul Rauf rejected the
recommendation and said it was against the Sharia.

"No one had a right to amend the regulations regarding
nikah (marriage) and divorce," they said.

The Council has also suggested that divorce papers should
be registered in the same way as the marriage certificate
('nikahnama') is duly filled in.

The bridegroom, the council recommended, should declare
his assets at the time of his first marriage and give full
details about his first wife and children in the nikahnama in
case of a second wedlock.

The C.I.I. also called for adding another clause in the
nikahnama by which the husband would assign the right of
divorce to his wife.

The religious leaders said a case might be opened on the
receipt of a written complaint of a woman and the court was
bound to make a decision in the light of the Sharia laws but
no legislation could be brought to force a husband to divorce
his wife in response to a written demand.

Reports said that the C.I.I., which had earlier submitted
an unfinished document about the Islamic view of suicide
bombings, will prepare another comprehensive report in next
three to four months in which the matter will be explained
along with other issues like terrorism, madrassa reforms and
jihad. PTI Corr
PMR
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