Court rulings should align with Sharia: CII

Naeemi terms verdict allowing first wife to annul marriage if husband remarries without consent "against Sharia"

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This image shows the signboard of the Council of Islamic Ideology. — APP/File
This image shows the signboard of the Council of Islamic Ideology. — APP/File
  • Wife can annul marriage on husband's second nikah sans consent.
  • Sharia places no restriction on man's right to remarry: CII chief.
  • Says no law can contradict with Quran, Sunnah under Constitution.

ISLAMABAD: Council of Islamic Ideology (CII) Chairman Raghib Hussain Naeemi has stressed that court rulings related to marriage and the annulment of marriage should be made in accordance with Sharia. 

The statement comes against the backdrop of a recent decision by the Supreme Court granting the first wife the right to dissolve the marriage if the husband remarries without her permission, a ruling which Naeemi has declared as un-Islamic.

Addressing a training workshop for judges held under the auspices of the Sharia Academy, Naeemi, The News reported on Saturday, reiterated that Sharia places no restrictions on a man's right to enter a second, third, or fourth marriage. 

He said that the punishment imposed for a second marriage without the Reconciliation Council's permission contradicts Islamic principles.

Naeemi, accompanied by Director Sharia Academy Attaullah Khilji and trainee judges who visited the CII office on Friday, pointed out that according to the Constitution, no law can be in conflict with the Quran and Sunnah. 

While he expressed respect for the apex court's authority, he asserted that the CII retains the right to express religious opinions on such matters.

"The SC's recent decision — an 18-page verdict issued on October 23 by a three-member bench led by Justice Mansoor Ali Shah — aligns with the 'law of the land' but contradicts Sharia," he stated.

The CII chairman noted that the number of divorces could decrease if the practice of issuing three divorces at once was penalised. 

Emphasising the importance of swift justice, he highlighted that influential individuals, the wealthy, and politicians often receive quicker resolutions. He also underscored that judges should be appointed based on merit.

Naeemi announced that the CII plans to include the SC ruling on its agenda for the next session to formally discuss the implications and offer recommendations.