Council of Islamic Ideology
The Council of Islamic Ideology (CII) has declared the Supreme Court’s recent ruling, which grants the first wife the right to dissolve her marriage if her husband remarries without her consent, as contrary to Sharia law.
On October 23, the Supreme Court ruled that a first wife holds the right to terminate the marriage contract if her husband enters into a second marriage without seeking her permission.
This decision was delivered by a three-member bench, headed by Justice Mansoor Ali Shah, in an 18-page judgment. The ruling sparked significant debate on the intersection of legal and religious perspectives on polygamy in Pakistan.
Responding to the Supreme Court’s decision, CII Chairman Raghib Naeemi expressed concerns about its compatibility with Islamic teachings.
He emphasized that, under Sharia law, there are no restrictions on a man taking multiple wives, provided he treats them fairly.
According to Naeemi, Islamic principles allow polygamy and do not make the consent of the first wife a prerequisite for a second marriage.
He further pointed out that, based on the Constitution of Pakistan, no law can contradict the Quran and Sunnah, which serve as the supreme sources of legislation in matters of faith.
While Naeemi acknowledged the Supreme Court’s authority in legal matters and expressed respect for its ruling, he maintained the CII’s right to offer a religious perspective on the issue.
He argued that although the court’s decision is consistent with the “land of law,” it stands in opposition to Sharia principles.
In light of this disagreement, Chairman Naeemi announced that the CII will include the Supreme Court’s ruling on its agenda for an upcoming meeting.
He indicated that the council would thoroughly examine the matter to provide a comprehensive religious analysis, ensuring that the perspectives of Islamic jurisprudence are considered in ongoing legal discussions.
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