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First wife can’t annul marriage if husband re-marries: Islamic council

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The Council of Islamic Ideology (CII) has ruled that a court decision granting the first wife the right to annul marriage if her husband remarries without permission is un-Islamic.

The council, in its 241st session chaired by Dr Raghib Hussain Naeemi, stated that such a ruling does not align with Sharia law and is therefore incorrect in Islamic jurisprudence.

The CII also deliberated on several key matters, including organ transplantation, the usage of Zakat funds, and legal considerations regarding transgender rights in Pakistan.

Key decisions in meeting

Court Ruling on Second Marriage Rejected: The council emphasized that Sharia law does not grant the first wife the right to annul marriage if her husband remarries without her consent. It declared that any court ruling supporting this notion is not in accordance with Islamic teachings.

Conditional Approval for Human Organ Transplantation: The council allowed kidney and liver transplants on the condition that the donor’s life is not endangered. This decision follows a briefing from four experts from the Sindh Institute of Child and Neonatology, who answered 33 questions posed by council members.

Decision on Transgender Rights Bill: The Khyber Pakhtunkhwa (KP) government’s bill on transgender rights was rejected, as it contained provisions previously deemed un-Islamic by the Federal Shariat Court and the CII.

Zakat Funds Can Be Kept in Islamic Banks: The council approved keeping Zakat money in Islamic banks for administrative reasons but stated that the government will be responsible for any potential losses.

Campaign Against Electricity Theft: Religious scholars and intellectuals were urged to actively raise their voices against electricity theft, calling it an ethical and economic violation that must be curbed.

Testing for Thalassaemia in Marriage Contracts: The council recommended that thalassaemia or infectious disease tests be made an optional part of the marriage contract, leaving the final decision to the will of the couple.

Arabic Terminology in Islamic Contexts: The council advised using original Arabic terms for Islamic concepts like Salah (prayer)Ayah (verse), and Masjid (mosque) instead of their English translations.

Pension Fund for New Government Employees: The council ruled that newly recruited employees can be compelled to join the contributory pension fund, while existing employees cannot be forced to do so. It also recommended keeping the fund separate from the interest-based banking system.

Postponed Decision on Human Milk Bank

The council postponed its final verdict on the establishment of a human milk bank until the next meeting.

Additionally, special prayers were offered during the meeting for the mother of Army Chief General Asim Munir.

  • Internews Pakistan is an Islamabad-based news agency established in 1997.

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