Allah has given the right to divorce to the menDivorce Proposal Unnerves Pakistanis
ISLAMABAD — Some radical changes proposed by the Council for Islamic Ideology (CII), the country’s top Islamic advisory body, to the divorce law are stirring a heated debate in the Asian Muslim country.
"The CII is trying to introduce a parallel Shari`ah," Mufti Mohammed Naeem, the chancellor of International Binoria University, told IslamOnline.net.
"It is considering itself as the controlling authority on Quran and Sunnah for the whole Islamic world by proposing such illogical amendments."
The CII proposes that divorce automatically comes into effect 90 days after a woman files for separation in a court of law, whether or not the husband agrees to divorce.
It is also proposing that women be allowed to perform Umrah and hajj without Mahram (relatives whom she is not allowed to marry).
"It is totally illogical that if a woman demands divorce, and in case of non-fulfillment (by her husband) the divorce will automatically become effective," says Mufti Muneeb-ur-Rehman, a prominent scholar and chairman of the moon sighting committee.
"This does not happen even in secular countries."
He also rejects the proposal on allowing women to perform hajj without Mahram.
"This is totally against Quran and Sunnah.
"Prophet Muhammad (peace and blessings be upon him) has very clearly declared that a woman cannot go on a long journey (whether for Hajj or Umrah or for business) without a Mahram."
Rehman accuses the CII, formed in 1980s by military ruler General Zia-ul-Haq to guide the government on the implementation of Shari`ah, of violating its mandate.
"It has no authority to propose any such amendments in incumbent laws, whether in Islamic laws or the penal code of Pakistan," he insists.
"The council can give its opinion only if the president or the federal government send any reference to it in accordance with Shari`ah but it has no authority to raise the settled issues and create disintegration in society."
The CII has been a controversial body due to the injunction of religious scholars by different governments on their political background.
Many say its sitting chairman, Dr Khalid Masood, was nominated by former president General Pervez Musharraf because of his liberal views on Islam.
"Everybody knows his intentions. Despite the collapse of his mentor (Musharraf), the chairman is still engaged in introducing his boss’s ideologies," charges Muneeb.
Destroying Families
Scholars warn that the proposed automatic divorce will have far-reaching ramifications.
"Allah has given the right to divorce to the men. And this is very much logical because if both persons (man and woman) have the right to divorce each other, then there will be a mess in the society," says Mufti Naeem.
"Most of the divorce cases occur on trivial mattes, like verbal wrangling, ordinary domestic disputes, and voice of dissent on different issues.
"It is very risky to give the right to divorce to the men and women because in such cases, there are more chances of divorce," he maintained.
"If this amendment is carried by the government then you will see that men and women will start divorcing each other on petty issues."
Mufti Naeem fears that if such an amendment is enforced it will destroyed the family institution just as it did in the West.
"Alhamdolliha (Thanks God) divorce ratio is much lower in Muslim societies as compared to the West," he notes.
"An overwhelming majority of people here and in other parts of the Islamic world spend their whole life with one wife, whereas if you see in the western world people can hardly live with their wives for a few years, which has totally destroyed their family system," added the scholar.
"We will never want that to happen here."
Divided
Ismat Mehdi, a lawyer and women rights activist, disagrees with the scholars.
"This is very much in accordance with the Shari`ah. Allah Has given the right to a woman that if she develops an aversion with her husband, she has the right to leave him," Ms Mehdi told IOL.
"This clause is already there in the Nikahnama, under which a husband can give the right to divorce to his wife at the time of Nikah. This is nothing new. The council has only asked for making it a law."
Mehdi thinks that the implementation of the proposed divorce law will bring an end to the legal wrangling which often occurs in many divorce cases.
"There is a long-drawn procedure for divorce, which involves repeated visits to courts and the airing of all kinds of messy matters in public," she argues.
"In some cases, women have been pressurized by judges to return to husbands they wish to leave. The CII's suggestion will make the matter a much simpler one for women."
The lawyer and women activist also dispute the argument that the proposal would increase divorce ratio in the country.
"Not at all. Divorce is an ultimate step. No woman seeks divorce for fun or for the sake of enjoyment. She goes for that only when there is no option left for her."
Najma Irshad, a central leader of the women wing of Jammat-e-Islami, the country’s largest Islamic party, supports introducing changes in legal procedure for divorce.
"I agree that the incumbent legal procedure must be reviewed and made convenient. But of course, I can’t support other recommendations," she told IOL.
"The CII’s recommendations are totally against the teachings of Islam. Being a woman, I am appalled by such recommendations," she stressed.
"If some one cites lengthy legal procedure as a reason for that (law), then it’s not Islam’s flaw, it’s our government’s."
Topic: Allah has given the right to divorce to the men