Govt disowns CII recommendations on divorce
submitted 1 month 18 days 18 hours ago by: PostMan : 49 commentshttp://thenews.com.pk/top_story_detail.asp?Id=18446
The National Assembly on Tuesday echoed with demands of sacking the chairman of the Council for Islamic Ideology (CII) for his statements and recommendations regarding changes in the divorce law.
The government disowned the recommendations of the Council and announced to send them back to the CII for review. The recent recommendations of the CII have been criticised by religious scholars of all shades. The matter was raised in the National Assembly on Tuesday by PML-N legislator Sahibzada Fazal Karim, who termed the CII recommendations a conspiracy against the PPP government and demanded sacking of its chairman.
“It was not the decision or viewpoint of the government but that of the members of the CII,”
Law Minister Farooq H Naek said these were only recommendations given by the CII and they would become law only if parliament approved them. “I assure you that the government will not make any law against the Holy Quríaan and Sunnah,” he added.
CII Recommendations:
- 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, women 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'.
Editorial The News (18th Nov 2008)
Comments
Only the husband can register the first divorce or wife can always initiate it?
I just updated it.
Currently, the right to divorce rests with husband so it has been made binding on him to register it. Right of divorce is usually (mostly, rather always) not allowed to wife in nikah nama. The recommendation now is that a divorce will take effect after 90 daysif filed by Wife.
So if the wife has not checked mark the appropriate box on the nikkah nama then she will not have the right to divorce. Will she have te right to khulah? I'm little confused here.
Actually, very conveniently, 'khula' is the term coined for divorce right of a woman. Since there is no right to divorce for a woman in contemporary Islam(!) so she can apply for 'khula'. She can opt for this option in nikah nama.
maybe they have the 90 day period to see if she gets pregenant or not. otherwise there is no point of that period and divorce should come into effect asap.
The best way is mentioned in Quran. Appoint arbiters from both sides. Try to reconcile and if not then divorce should be initiated. Wife can not get re-married until 3 menstruation cycles have passed.
Well that is the iddat after divorce.. so after 90 days she still has to wait 3 more months before she can be re-married?
Well its very interesting... All in all there is a 7 month gap from initiating divorce till a woman can remarry according to Quran!
After the initiation of Divorce (the intention of divorce being put forward by spouses) there is a wait of 4 months. Sort of calming out phase. They can reconcile. After that divorce takes effect but she has to wait for another 3 months more to remarry becasue to check for pregnancy.
Check my blog here
and the man can remarry right away... There's a difference between a man and woman in Islam.
Ideally he should not because in case of pregnancy, they can come back. The difference is of 'functionality' naturally.
Trust me, if he re-marries at once.. there was something fishy.
there was something fishy......Not necessarily.. There are many sitting in Pakistan ready to marry any man that crosses their path.
Now you are being unfair to fairer sex! (notwithstanding the trouble that unmarried girls find themselves in)
On the other hand.. Men may not be willing to marry girls older unmarried girls.
Not being unfair in any way. That is the truth. That is usually the case, men always want to marry younger women. I have seen many leaving their wives for a younger one. It's all about sexual desires.
Unfortunate. True.
...
You guys should have seen Aalim Online last night. It was CII hate-specific special. The 9 members of the CII were certified '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 area reader of Quran you get alot of lovely statements. 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!
Postman! Here you are. I was unintentionally waiting this Buzz to be started by you :)
I can get any job of Forcasting ;p
Can a woman remarry after 'Khula'?
Why not.
Than what is the difference between Talaq and Khula? It seems that CII wants to name khula as 'Talaq' also which should be from the women side
In contemporary Islam, a woman has no right to divorce. Its a Mans right. If she wants separation - she should go to court. That too only if she has been given this right in Nikah nama.
oh God that's confusing......that's why I do not take any interest in such matters
How could you say that Islam does not give right of divorce to women? Islam allows Khula hein naa? it's a form of divorce.
In Quran, there is only 'divorce' - a mutual decision of spouses to separate. There is no such thing as khula. Khula, is sort of reprieve for wife if she wants to separate from husband since in most of religious opinion, there is no such thing as divorce for a woman.
It means Khula is not in Islam? Then who has created 'Khula'?
Quote: ..The only difference between divorce and Khul' is that a divorce is given
by the man without demanding a financial payment form the wife, where
as in khul', the wife receives the divorce in return for a financial payment.
Khula is derived from hadiths. Divorce is in Quran.
oh I see. It means woman would not receive Mehr if she files for Khula. Right?
I suppose she has to return back the mehr to get khula.
Suppose? gimme a confirmed verdict
If the mehr was given at the initiation of mariage contract - then she'll have to return it. If she had not taken it - then she'll have to forego it.
'Financial Payment' is considered to be mehr usually.
What is the role of court in Khula? Does Khula require consent of husband?
Please dont mind my incessant questioning......
Khula resides upon the consent of husband. Khula is by no means divorce. She can ask for courts help if husband is not leaving her.
If husband does not want to leave her and wife remains determined on Khula, then?
Court decides na.. read the first point of CII recommendations in my post.
I was talking about the previous khula system.
Court is not her husband :). Would talaq happen without the consent of husband? Or court will force him for divorce? Or it depends on the terms n conditions which would be decided at the time of nikkah?
or please baal mat kheichein ye akhri question smajhein AJJ Ka :)
Court decids whether she is eligible for khula. As the editorial states, this resulted in countless vists to Court and messy disclosures. Judges even asked the wife to reconcile. She could not make it effective on her own as a husband does it with Divorce. 1,2,3 and out :p
If husband does not agree to divorce her than? tell me according to the previous system
I am talking of the previous system. Now teh recommendation stated that Divorce will automatically set in 90 days after the wife files for it.
It means this would be decided in the Nikkah nama ....hmmm
All depend on husband's consent
lazmi baat hay.. aurat ki koi aqqal hoti hay? :p
ye aurat kisko kaha hai? :x I am gal
not now Sophi.. will tell ya on monday inshallah..
me too leaving...........Allah Hafiz
That is wrong though. Khula is the woman's right to be divorced. The only difference in khula and divorce is that when woman is asking for khula she has to return everything that was given to her by her husband. She loses rights over children and any property.
hai Allah all jewellery and dresses too??
jee haan janab... well technically yes... Iraday kuch acha nahi lagtay aapke?
heheheee
Postman... nahi batana..... Mujhay Sophi ke iraday khatarnaak lag rahhay hain.
Postman batao werna.....1 2 3.........
masla sara ye hai k husband kiyun ijazat de ga nikkah nama mai kaun mai ka laal usko convince karay ga