November 25, 2008	Tuesday	Ziqa'ad 26, 1429

ISLAMABAD, Nov 24: The government has asked the Council of Islamic Ideology (CII) to elaborate the reasons behind its recommendations for sweeping reforms in Islamic laws. The recommendations have been severely criticised by religious scholars, forcing the government to distance itself from the recommendations.

“We have asked the CII to provide us the basis of its recommendations on the rights of women seeking divorce because its implementation will require amendments to the Muslim Family Law 1961 that asks for registration of ‘Nikah’ (consummation of marriage) but remains silent on the issue of divorce,” Law Minister Farooq H. Naek told Dawn after attending a meeting held on Monday to discuss the council’s recommendations relating to divorce, custody of children and maintenance allowance (Nan-Nafqa) for women after the split.

Section 7 of the Muslim Family Law requires a certificate of dissolution of marriage by a union council after 90 days of receipt of a divorce notice.

CII Chairman Dr Khalid Masood briefed the meeting on the council’s composition, functions and viewpoint on the recommendations

However, the minister said that currently the council comprised 10 religious scholars when it should have either eight or 20 members. “We have also asked the council to study whether the wife can claim a right on the property of her husband after getting divorce.”

Citing Article 227 of the Constitution, the minister said that no law could be framed in the country which was not in conformity with the injunctions of Islam, adding that the government would also hold consultations with ulema on the council’s recommendations.

He said the law provided a woman to seek separation from her husband after moving an application before the family court.

The CII, a constitutional body, which suggests to parliament as well as provincial assemblies ways to encourage Muslims to live their lives in accordance with the principles of Islam, will provide another briefing to the law minister.

Proposing sweeping changes in the Family Law, the council earlier this month has recommended that a divorce would be deemed to go into effect 90 days after a woman has filed for separation if the husband does not respond by that time. It recommended that divorce papers should be registered in the same way as the marriage certificate (Nikahnama), duly filled in under prevailing laws.

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 marriage.

The CII also recommended registering the first declaration of divorce by the husband, following which the second and third declaration would annul the marriage.

It also called for adding another clause in the Nikahnama by which the husband would assign the right of divorce to his wife.

At present the law recognises the divorce if declared verbally by the husband thrice.