The Islamic Ideological Council declared the Supreme Court‘s decision to grant the right to terminate the marriage to the first wife contrary to Sharia.
It should be remembered that on October 23, the Supreme Court had decided to grant the right to terminate the marriage to the first wife on the second marriage without permission and said in the order that the first wife can terminate the marriage contract on the second marriage of the husband without permission.
A 3-member bench headed by Justice Mansoor Ali Shah issued an 18-page verdict.
In this context, the reaction of the Islamic Ideological Council has come out on the decision of the Supreme Court to grant the right to terminate the marriage to the first wife on the second marriage without permission.
‘The law of permission from first wife for second marriage is against Islam’ law challenged in Federal Sharia Court
The Council of Islamic Ideology (CII) termed the Supreme Court’s decision as contrary to Sharia and Chairman Raghib Naimi said that there is no prohibition in Sharia on a man’s second, third or fourth marriage.
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He further said that the decision to give the right to terminate the marriage to the first wife for remarrying without the husband’s permission is illegal and according to the constitution, no law can conflict with the Quran and Sunnah.
The Chairman of the Islamic Ideological Council said that the decision of the Supreme Court is respected, but we have the right to have a Shariah opinion on it.
The bridegroom of Peshawar, who got married for the second time without asking his first wife, went to jail
Raghib Naimi said that the Islamic Ideological Council will bring the decision of the Supreme Court on its agenda in the next meeting.
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**Interview with Dr. Amina Khan, Legal Scholar on Family Law and Islamic Jurisprudence**
**Interviewer:** Thank you for joining us today, Dr. Khan. The recent Supreme Court decision granting the right to the first wife to terminate her marriage if her husband takes a second wife has sparked significant debate. What are your thoughts on this ruling?
**Dr. Khan:** Thank you for having me. This ruling has raised important questions regarding the intersection of civil law and Sharia law. The Islamic Ideological Council’s declaration that this decision contradicts Sharia is particularly noteworthy. In Islamic jurisprudence, the rights of the first wife are taken very seriously, and the tradition demands that a husband seek permission before marrying again.
**Interviewer:** How does this ruling align or conflict with traditional Islamic teachings on marriage?
**Dr. Khan:** Traditionally, in Islamic law, polygamy is permitted under certain conditions, but the welfare and rights of the first wife must be protected. Usually, a husband is required to treat all wives fairly and justly, which includes seeking approval from the first wife before entering into a second marriage. The Supreme Court’s decision seems to overlook this essential aspect, which could lead to issues of justice within familial relations.
**Interviewer:** What implications might this decision have for families and marriages in the community?
**Dr. Khan:** This ruling could empower women and provide them with more control over their marital status, which is a positive step towards gender equality. However, it may also lead to tensions and conflicts within families, particularly if the husband feels that his rights have been undermined by the decision. There’s a delicate balance that needs to be maintained between civil law and religious beliefs.
**Interviewer:** Do you believe this decision could prompt further legal challenges in the future?
**Dr. Khan:** Absolutely. Given the complexity of the issue and the differing interpretations of Sharia law within communities, this ruling could lead to appeals and further legal scrutiny. We may see more cases brought forward by individuals who feel affected by this decision, especially if it challenges established norms.
**Interviewer:** Thank you, Dr. Khan, for your insights on this complex and sensitive issue.
**Dr. Khan:** You’re welcome. It’s essential to continue these discussions to ensure that all perspectives are considered as we navigate these legal changes.
