ISLAMABAD, Jan 1: Chairman of the Council of Islamic Ideology Dr Mohammad Khalid Masud on Thursday said that those finding faults with the changes recommended by the CII to reform Islamic laws and make the Muslim Family Laws Ordinance of 1961 “comprehensive” wanted to kill the initiative before it reached the parliament for debate.
“If we want rule of law in the country, the parliament should be made supreme,” he said at a round-table discussion on the issue arranged by the CII and attended by women rights activists, representatives of non-governmental organizations (NGOs) and different scholars.
CII’s recommendations only try to save aggrieved party from seeking ‘fatwa’ (decree issued by religious leaders) to save or end a marriage, and to protect women exploited by their husbands in matters of divorce, he said.
The council was entangled in a controversy soon after the issuance of its recommendations. Even the government distanced itself and sent them back to the CII for review. The council’s recommendations on reforming Islamic laws also angered the religious scholars of all shades who declared it against Islam.
In its recommendations, the constitutional body had proposed that a wife should have the right to ask for a divorce, in writing, with an obligation for husband to accept the request within 90 days. After the stipulated period, the marriage should be considered dissolved automatically, unless the woman withdrew the demand. Presently, the law recognizes divorce declared by the husband.
Dr Masud also declared the Muslim Family Laws Ordinance (1961) not a comprehensive set of code to follow marriages, divorce and dowry matters but compilation of few amendments in the British rules that usually required solutions from fiqah Hanfia and Shafi to fill the vacuum in settling disputes.
Marriage is a contract between husband and wife, as enunciated in the Holy Quran, fiqah and Islamic teachings and when the approval of both is necessary to consummate it, then both also have the right to dissolve it either through ‘Khula’ (wife seeking dissolution of marriage) or divorce, Dr Masud said.
“Our utmost endeavour is to prevent delaying tactics often witnessed in khula matters and encourage the government to deal with it separately from divorce. The family law provides the woman to seek separation from her husband after moving an application before the family court to be decided in six months.
In khula matters, the recommendation said, Haq Mehr (the right of woman settled before marriage for her future security) and Nan Nafqa (maintenance) are the right of a woman and could not be withdrawn even after the dissolution of marriage either through khula or divorce. But the wife can return bridal gifts if she wanted to but in case of dispute the matter should be decided by courts once for all, the recommendation said.
Like marriage, divorce should also be registered at the same forum where marriages are listed, the recommendation said.
Dr Syed Mohsin Muzaffar Naqvi of the CII was of the view that while interpreting Islamic laws by our religious leaders, fiqah usually takes precedence over the Holy Quran.
