The Council of Islamic Ideology (CII) on Wednesday declared as against Islamic teachings a recent Supreme Court ruling granting a first wife the right to annul her marriage if her husband remarries without her permission.
Led by CII Chairman Raghib Hussain Naeemi, the meeting deliberated on 19 agenda items. In its discussion of the Oct. 23, 2024 apex court ruling, it noted it had pertained to a husband who had entered into a second marriage without obtaining permission from his previous wife in violation of Muslim Family Law, 1961. The Supreme Court had permitted the woman to dissolve her marriage on the basis of the legal violation.
In its ruling, the CII said ordinary circumstances granted Muslims only two options for dissolution of marriage, khula or talaq. It further noted that earlier rulings had already clarified that men did not need the permission of an existing wife or wives for subsequent marriages as per Sharia. Describing the 1961 law as contrary to Sharia, it stressed that men could enter into four marriages at one time without being answerable to previous wives or any person.
The CII also decided that premarital testing for thalassemia or other contagious diseases can be included in the nikahnama as an optional provision—through it stressed that the ultimate decision to proceed with the marriage is solely at the discretion of both parties under Islamic law.
In its deliberation on Sindh’s establishment of a human milk bank, the CII decided to conduct an in-depth study on the matter before presenting its final decision in the next meeting.
The CII also ruled that organ transplantation, particularly of the kidney and liver, is permissible under Sharia so long as the donor’s life is not endangered.
It decided that Islamic terms such as Salah (prayer), Ayah (verse), and Masjid (mosque) should be retained in their original Arabic form instead of being translated into English. It also stressed that scholars and intellectuals should raise awareness regarding the issue of electricity theft.
On the matter of contributory pensions, the CII ruled that newly-hired employees can be required to participate, but existing employees cannot be compelled to adopt the policy. Additionally, it stressed that pension funds must be entirely free from interest-based financial systems.
The council observed that Zakat funds should be distributed to deserving individuals without unnecessary delays. However, in case of administrative delays, these funds can be placed in profit-generating Islamic bank accounts. In the event of any financial losses, the government will be responsible for compensating them, it added.
The CII reiterated its earlier stance that the Khyber-Pakhtunkhwa Transgender Bill contains un-Islamic elements similar to the Transgender Act, 2018, which both the Council and the Federal Shariat Court had declared inconsistent with Islamic principles. It also expressed concerns over the bill’s inclusion of the Guru-Chela (mentor-disciple) concept, deeming it un-Islamic.