Pakistani laws prohibiting underage marriage un-Islamic: CII
DAWN NEWS
Undated file photo shows a meeting of the Council of Islamic Ideology.—File Photo
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2014-03-11 17:15:00
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ISLAMABAD: The Council of Islamic Ideology (CII) on Tuesday ruled that Pakistani laws prohibiting marriage of underage children are un-Islamic.
At the end of its two-day session on Tuesday, the CII said there is no minimum age of marriage according to Islam.
Islam does not forbid marriage of young children, the council said. However, the Rukhsati (consummation of marriage) is only allowed in the case that both husband and wife have reached puberty.
The CII’s ruling comes a day after its chairman Maulana Mohammad Khan Sheerani said laws regarding second marriage of a man in the presence of a first wife were against religious principles.
“Sharia allows men to have more than one wife and we demanded that the government should amend the law,” he told reporters after a CII meeting.
The laws require a man to have written approval from his existing wife or wives for another marriage.
Sheerani urged the government to formulate Sharia-compliant laws related to nikah, divorce, adulthood and ‘will’.
The CII is a constitutional recommendatory body that advises parliament in the law-making process, but cannot enact laws on its own.
According to Pakistani laws, the minimum age for marriage is 18 years for a male and 16 years for a female.
Re: CII rules that Pakistanis should be allowed to get married to children
Wtf is this? Is CII a legal organisation?
It's the organization established by the constitution to execute the constitutional requirement that all laws of Pakistan must be reviewed to determine if they are Islamic or not. It then provides advice on to Parliament on which laws need to be amended to meet this constitutional requirement.
Re: CII rules that Pakistanis should be allowed to get married to children
Wtf is this? Is CII a legal organisation?
Yes Mam....it is!
as MS pointed out, its responsibility is to make sure that all laws of Pakistan are Islamic or not. It then provides advice on to Parliament on which laws need to be amended to meet this constitutional requirement. and it was set up great zia ul haq...it had also demanded yesterday that man does not need his wife's permission for second marriage...
these are the type of issues on which I wanted Imran Khan and PTI to take a solid stand and oppose them...forget PMLN, they are rightist but unfortunately PTI also became far right
as long as we keep on deriving our constitutional guidance from mullahs and islaimc jurisprudence, we will see such demands. who will stand up and say enough is enough?
Re: CII rules that Pakistanis should be allowed to get married to children
I think we already had a long discussion about random labelling of political parties and throwing fancy buzz words around. I believe you left the discussion mid way without really answering anything. Anyway, that's not the point of this post. I appreciate your passion for constitutional change and I feel the same way. However I firmly believe Pakistan as a country has a long way before they happily try to spill some more blood and stir some sht in the name of Constitutional change. How about getting Pakistani society to the point where it is acceptable to have a civlised parliamentary debate on de-Islamification of Constitution without MP's fearing the fate of Salman Taseer?
My prediction is that Pakistan will certainly have some kind debate on Constitution Refom in next 5-10 years, provided the country is out of this war, remains democratic and achieves economic stability.
Re: CII rules that Pakistanis should be allowed to get married to children
[quote="mAd_ScI
**Islam does not forbid **marriage of young children, the council said. However, the Rukhsati (consummation of marriage) is only allowed in the case that both husband and wife have reached puberty.
According to Pakistani laws, the minimum age for marriage is 18 years for a male and 16 years for a female.[/QUOTE"]
What Islam does not forbid, does not mean that it makes it mandatory. There is a difference between what must be done and what could be done.
Given that media has become the most powerful platform in Pakistan to make or break things, I would like this kind of issues to be taken up for public debate and get the opinion of scholars who are outside the IIC.
Re: CII rules that Pakistanis should be allowed to get married to children
There’s no denying the fact that according to Islam one can marry with girls once they touch puberty. This practice was very common through out the world. In Europe even in 16-17th centuries one can find girls of less than 10 years marrying much older people. Some quarters give example of the marriage of Prophet Muhammad and Hazrat Ayesha although her age at the time of marriage is disputed (6 years, 9 years or older). If we go a generation above us we will see our grand mothers getting married before the age of 16. In our generation the things have changed, now 6 years seems to be a very immature age. Marrying at a tender age is not fard, therefore I don’t see the point in pursuing it considering its giving a cannon fodder to the non Muslims.
Re: CII rules that Pakistanis should be allowed to get married to children
I wonder how long it will take until the CII decides that Article 11 of the constitution is unislamic and must be changed because it states that "Slavery is non-existent and forbidden"
These statements speak volumes for the kind of iessues that are on the ulema’s list of priorities, and the medieval mindset that dominates religious discourse in this country.
the Council’s priorities are extremely muddled. Instead of working to promote enlightenment, it has only solidified the role of the regressive mindset.
the ulema seem less concerned about existential issues that confront Pakistan and problems that threaten to tear apart the social fabric. For example, the menace of terrorism is condemned only passively. Efforts have been made to address the scourge of sectarianism, including by the CII, but little has been done to carry the message of sectarian harmony to the mosque and madressah, and to rein in communal rabble-rousers. And while they are quick to weigh in on issues such as child marriage and multiple wives, clerics seldom forcefully condemn the dreadful treatment meted out to women and children in Pakistan, often in the name of ‘religion’ and ‘culture’.
If this is the level of its ‘advice’, it is best that the CII is disbanded.
Re: CII rules that Pakistanis should be allowed to get married to children
Rather than meddling with what age should children be married, these CII mullahs should issue a fatwa or two against women being married to Quran.
As if child abuse wasnt already a big enough problem, now they want to give it legality through constitution. Yes, it may be allowed by Islam, but for a society like pakistan (which is abundant in abuse of women and children), government must take every measure to protect women and children.
The Express Tribune Nawaz Sharif gives tacit approval to lifting ban on underage marriage. … Prime Minister Nawaz Sharif has reportedly given his tacit approval for …
Re: CII rules that Pakistanis should be allowed to get married to children
ali..what are you saying? please just say it…just say it. dont quote history, religion, past generation…just say where do you stand on this issue.
here is where i stand…regardless of what islam says, i simply and absolutely don’t believe in any girl to marry before she is mentally capable to make a decision on her own.
why cant we stand up for what we believe in…for god sake!
Re: CII rules that Pakistanis should be allowed to get married to children
Sexy Mulla count them fit when their age reaches to be sex attack normally 11-14, time to study in a school . They don’t want them to reach college . Yeh to madrissay kay masoom bachon ko bhi naheen bakhshtay . Deen main apnay matlib ki tashreeh dhoondh nikaltay hain .
I think that these were primary demands of Misl e Kuffar , Mufsadeen , Muratdeen Taliban which are indirectly admitted by Imran-Nawaz alliance .
I am very sorry to post this photo but a leader should set an example .