You guys should have seen Aalim Online last night. It was Council of Islamic Ideology (CII) hate-specific special. The 9 members of the CII were certified as 'not pure muslims'.
A certain scholar from Jamia Binoria termed that the recommendations would result in 'increase of divorce rate'. Our Mufti Muneeb said that even when 'khula' is mentioned in nikah nama, still this does not mean that the wife gets the right of divorce rather the court decides on her behalf. Its ok if a man divorces her without court.
The most striking thing - was this. Unfortunately when you are a reader of Quran you get a lot of lovely statements from people who claim to be the guardians of faith. Both of the gentlemen guests and a scholar on-line told audiences that 2 witnesses are not a requirement at the time of Divorce, its only a requirement at Nikah. And my jaws dropped. Check this verse.
Sura Talaq 65:2 - Thus when they fulfil their term appointed, either take them back on equitable terms or part with them on equitable terms; and take for witness two persons from among you, endued with justice, and establish the evidence (as) before Allah....
Please tell me 'I' am wrong and these learned scholars are not! How on earth can they lie in front of the whole world?! But then its no surprise. Evey sort of quack is available as I had mentioned in this post.
They even threatened the Government of dire consequences if if went with the implementation of these recommendations.
Recommendations of Council of Islamic Ideology
(Source The News Editorial, 18th November 08)
- divorce will come into effect 90 days after a woman has filed for separation. Till now, even though family courts have over the past few years granted women seeking divorce their right to annul a marriage more often than before, the long drawn-out procedure for 'khula' has meant repeated visits to courts and the airing of all kinds of messy matters in public. In some cases, omen have been pressurized by judges to return to husbands they wish to leave. The CII's suggestion will make the matter a much simpler one for women
- An application for divorce be registered the same way as a 'nikahnama',
- a husband must register the 'first divorce' rather than sending his wife three simultaneous notices of 'talaq'.
- he should declare his assets at the time of marriage avoiding controversy over what a wife can claim if she files for divorce.
- The inclusion of a clause in the nikahnama granting women the right to divorce has also been recommended. At present, even the clause that allows a man to grant this right to his wife is in practice often struck out by 'nikah khawans'.
There are lot of problems women face when it comes to Divorce related matters in Pakistan. CCI recommendations are a step in the right direction. Unfortunately, the clergy will not allow that as it encroaches upon their domain - their territory. There are some very valuable guidelines in Quran in matters relate to divorce (link below) which can be adopted to stop the mistreatment of women in Pakistan.
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