Muslim women cannot object to husbands’ marriages: CII chief

Society Religion & Philosophy
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I thought 1st wife’s consent was mandatory in Islam. No?

Muslim women cannot object to husbands’ marriages: CII chief - Pakistan - DAWN.COM

Maulana Mohammad Khan Sherani.— File photo

ISLAMABAD: Chairman of the Council of Islamic Ideology (CII) Maulana Mohammad Khan Sheerani has said a Muslim woman cannot object to the second or subsequent marriages of her husband.

Presiding over a meeting of the council here on Tuesday, he said a woman could not demand divorce if her husband married a second, third or fourth time.

He said Islam had given the women the right to separate from her husband, but another marriage could not be a valid ground for doing so.

The council discussed the relevant section of the Muslim Divorce Act, 1939, and observed that it was against Sharia.

We want the government to repeal this section, Maulana Sheerani said.
Maulana Sheerani says Islam gives a woman right to seperation, but second marriage of husband is not a valid ground

A woman can seek divorce under various circumstances and Clause (F) of Section 2 of the Act says: “If he has more than one wife, does not treat her equitably in accordance with the injunctions of the Holy Quran.”

Later talking to newsmen, the CII chief said the law needed amendment. The woman could seek separation if she was treated with inequality or cruelty, he said.

Talking about child marriage, he said nikah was justified only if it had been solemnised by the father or the grandfather of the girl in good faith and not as part of a ritual, but “rukhsati before attaining the age of 18 years is not allowed in Islam”.

He said if a man was jailed for seven years, it could not be a valid reason for separation because the sentence could be condoned well before that period.

On May 22 this year, the council had ruled that a girl as young as nine years of age is eligible for marriage if the signs of puberty are visible.

Maulana Sheerani had said at that time that the concept of minimum age of marriage, which is 18 years under the law, was not in accordance with Islam.

“As per the Islamic point of view marriage age is nine years for those girls who have visible signs of puberty and the same is 12 years for boys, but they both become eligible for marriage at the age of 15 years,” he had announced five months ago.

Tuesday’s CII meeting was the fourth this year to have focused on marriage laws.

The meeting also reviewed various laws, including the Protection of Pakistan Act, the National Security Policy, the code of conduct to prevent sectarian terrorism and sex education in the curriculum.

On March 10 this year, the council noted that the laws regarding second marriage by a man in the presence of the first wife were against Sharia.

“Sharia allows men to have more than one wife and we demanded the government to amend the relevant laws where a person has to seek prior permission from the existing wife / wives,” the CII chief had said in the meeting.

Maulana Sheerani, who is also an MNA of JUI-F, had told media after that meeting that the CII had suggested to the government to amend the marriage laws as Sharia has clearly defined provisions of up to four marriages by a man and this was easy to understand and follow.

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Re: Muslim women cannot object to husbands’ marriages: CII chief

Kia Islam say ziada koi religion itna modern hay jo her dour main apnay logon ko prob solution day.......NO

ager Islam 4-shadion ki ijazat day raha hay.....to is main bohaaaaaaaat KHAIR chupi hui hay

Islam kehta hay:

  1. Kisi widow ki help karni hay......akelay jao gay, shetan waswasa dalay ga aap k aur sub dekhnay walon k dil main.....so widow say shadi ker lo aur help karo.

  2. Ek aurat ager kisi ko achi lagti hay.....to wo us say ILL-LEGAL relation bananay ki bajaye shadi ker lay

  3. Jangon (wars) k baad bohat c khawateen widow ho jati thi.....un ki kafalat k lye un say shadi ker lo

but tamam BVion main masawat qa'em rakhna mard per lazim hay

(yeh meray zati khialat hain....kisi ka agree karna zaroori nahi.....but if am wrong, i'll accept my mistake with open heart)

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Re: Muslim women cannot object to husbands’ marriages: CII chief

i heared a woman comments in Live Talk Show:

'main apnay husband ki 10 gf bardasht ker loon gi but ek 2nd wife nahi'

ab dakhain.....us aurat ki sakhti ki waja say koi aadmi 10-ladies say 'temporary' relation banaye ga......jub wo chor day ga to wo na deen ki hon gi na dunia ki.......agay wo mazeed 10-aadmio k sath ill-legal relation banain gi.....aur is tarhan aur agay....aur agay.....jub tk k Allah hidayet na day day......is tarhan us 'Gunah-e-Jaria' main wo BV braber ki hissa dar ho gi......jis nay apnay shohar per zabardasti pabandi lagai

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Re: Muslim women cannot object to husbands’ marriages: CII chief

hmmm....its not a rebuttal, but I personally am fully against the CII, they have clearly shown their intellectual level in history by terming DNA evidence in rape cases inadmissible.
Consent of first wife may not be necessary, but should always be priority (IMO).
Its better to take your first one into confidence rather than hiding it. Eventually if she finds out, mutual trust will cease to exist. And you don't want to be living with someone you don't trust.

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Re: Muslim women cannot object to husbands’ marriages: CII chief

Of all the problems facing the country, yes, let us concentrate on women rights in Islam and repeal the ones given to them by the religion.

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Re: Muslim women cannot object to husbands’ marriages: CII chief

4 wives are fine if you can be fair in treating all of them equally in terms of time and money. a lot of men think that providing for them equally is what is meant by equal treatment. it's ONLY half truth. the other half being the equal TIME sharing. this is often ignored.

men must at least tell his present wife and, if possible, must seek her permission.

some men keep it secret from their wives and/or family/friends is TOTALLY unacceptable in Islam.

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Re: Muslim women cannot object to husbands’ marriages: CII chief

What if she refuses (which is very likely)? Can he ignore her wishes?

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Re: Muslim women cannot object to husbands’ marriages: CII chief


it depends on the person. i wouldn't if i wanted to.

the thing is...a woman should know what a man's rights are before saying a "NO" and what can happen in that situation. one of the following can happen:

  1. he may NOT listen to and marry anyway [legally (Islamically)] he is NOT required to have her permission.

  2. he might divorce her

  3. he may keep another woman as a mistress [she will share SOME blame/sin in the sight of Allah for denying a man's right to marry another woman]

  4. he may engage in sexual activity outside the marriage on a casual manner. again she will have SOME share of sin/blame

  5. he may listen to her and NOT marry but he may not treat her well in retaliation. life may become a real hell.

however, the man in situations 3 and 4, will commit a major sin for which he will be responsible.

i think the best compromise should be for the woman to allow him to marry. that will be a good thing for everyone involved in this world and in the hereafter.

we should ALL remember that Allah has allowed men to have more than one wife and naturally this privilege comes with a lot of responsibility which requires fairness.

Allah also says...you may marry more than one wife if you can be fair to ALL of them. however, Allah also advises men to marry ONLY one woman if he can understand what risks are involved.

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Re: Muslim women cannot object to husbands’ marriages: CII chief

I don't think any woman would allow her husband to take another wife ( inky in dramas and movies perhaps).

There re are different opinions regarding this...some say you need permission from your first wife, some say you don't. If a woman wants she can write it down as a condition in nikah forms that her husband must ask for her permission.

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What I find disturbing is the macho language and absolutist attitude of the Moulana.

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Re: Muslim women cannot object to husbands’ marriages: CII chief

So, basically woman's opinion are irrelevant b/c (outside of special circumstances eg providing help or whatever) why would a happily married man marry again? And who decides how/if a man is fair to all of his wives?

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no, it's NOT...for God fearing men, they will give a lot of importance to what she says. religious values aren't for crooks. they listen to their whims more than they would listen to Allah. they will pay a price in the hereafter. a woman will get reward on the Day of Judgement if she has been erred.

Allah will decide and in some cases the courts can decide if the woman chooses to go to court to seek for Khula and alimony if her husband was NOT fair.

Sjamraz, the thing is these are religious edicts and people who don't care for it are sinners and will be punished in the hereafter. Islam puts a lot more emphasis on the life hereafter. it's up to the individual what he does with and/or in his/her life.

wallaho 'aalam bissawaab.

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Re: Muslim women cannot object to husbands’ marriages: CII chief

Yes, b/c religion has never been used/abused by crooks, but in this case he and CII wants to change the laws that directory benefit men and relegate women to be property of a man. Btw, this is the same CII chairman who said DNA could not used as primary evidence in rape cases & 9 years old can marry 75 years old b/c after all what 9 year old does not have hots for 75 years old wrinkled Sheerani?

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2b. She may walk out on him and initiate a divorce. Can be written into the Nikkah contract, as Hareem pointed out, but sadly most Mullahs would never allow this.

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I'm afraid I don't buy the argument of "let him get a second marriage to prevent zina" ... The first marriage is to prevent zina ... If a man wants to have a relationship outside marriage he will ... even after marrying four wives ... that is the result of an insatiable uncontrollable lust, desire ... libido ... Rather he should practice how to tame his animal self ...

Second, third or fourth wives should be with very specific purposes and I think the idea that it is to prevent zina is wrong. A second marriage like a first is about taking responsibility of another person ... One must ensure that he has the means available to do such a thing.

The law is one thing ... but the ethos of society is quite another ... Yes in Islam a wife cannot prevent her husband for marrying another, unless tied in to the nikkah as a condition ... however, the society is supposed to encourage the men to respect their wives and frown on polygamy to prevent lust based multiple marriages ...

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Re: Muslim women cannot object to husbands’ marriages: CII chief

Most of the Maulanas ka islam 4 shadioon per hee aa ker tootta hai. Baqi cheezoon main (specially haqooq al-ibad main) un ko Islam ki ziada parwa nahi hoti.

Tell you what Govt should do. It should make it mandatory to Maulana sahab to tell bride to be about her right to divorce and insist on her to take that right at the time of Nikkah. Most of our women don't even know about that right and small number who do, dont bother to take that right. They are not told about that by their parents and Maulana sahab and later on if the guy goes on to do 2nd...3rd... marriage, Maulana sahab like these says the first wife cant take divorce just because he remarried.

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Re: Muslim women cannot object to husbands’ marriages: CII chief

I saw some of the recommendation of Shirani and I felt that this Shirani guy is not Mufti but Muft-khor with a coconut brain, giving silly rulings. But then, unfortunately, most Mullahs are like him, who (ignorantly or purposely) sell defective Islam and misguide people, causing lots of harm to Islam and Muslims, leading unwary Muslims to miserable life in this world and hell hereafter.

As this thread is about second marriage … I won’t go into Shirani’s other absurd rulings, but would like to comment on marriage issue, according to my understanding. One can read the post and decide themselves.

No doubt that a man can take second wife, as Islam allows him to marry 4. But (unwritten Islamic rule is that), when a person decides to marry again, he should not only take permission from first wife, but convince her and make her willingly agree to it (and even then, there are many pitfalls). Else, consequences of having two wives can be very gruesome for husband as well as wives, full of sins and misery.

Thus, if his first wife does not agree than either husband should not marry second, or to avoid problems and sin after marriage, he should divorce his first wife before marrying again.

Nevertheless, husband should know the consequence, as, even if he do not divorce her, his first wife has every right to divorce him making his second marriage an issue (what Shirani and many Mullahs like him, thinks she cannot).

Now, let us look at Islamic evidence and ruling on the issue:

Marriage in Islam is not slavery where wife is slave (and as slave, do not have right to end the slavery). Islamic marriage is a mutual contract between two ‘free’ adult individuals, and beauty of this contract (in Islam) is that, both party (husband and wife) have right to divorce each other for any reason whatsoever.

By default, husband can give ‘talaq’ and wife can take ‘khula’ … and I have given reasons for that in my past posts (why ‘need of talaq and khula’ and by default ‘why husband gives talaq and wife takes khula’).

Hadith confirms that wife can take khula for whatever reason she thinks fit (including second marriage of her husband), as according to a famous authentic hadith, Prophet (SAW) allowed Khula to a woman just because she did not liked her husband and thus did not wanted to live with him … even though she was admitting that her husband was caring, loving, and providing her everything.

[quote]

Volume 7, Book 63, Number 197:
Narrated by Ibn 'Abbas
The wife of Thabit bin Qais came to the Prophet and said, "O Allah's Apostle! I do not blame Thabit for defects in his character or his religion, but I, being a Muslim, dislike to behave in un-Islamic manner (if I remain with him)." On that Allah's Apostle said (to her), "Will you give back the garden which your husband has given you (as Mahr)?" She said, "Yes." Then the Prophet said to Thabit, "O Thabit! Accept your garden, and divorce her once."

Volume 7, Book 63, Number 198:
Narrated by 'Ikrima
The sister of 'Abdullah bin Ubai narrated (the above narration, 197) with the addition that the Prophet said to Thabit's wife, "Will you return his garden?" She said, "Yes," and returned it, and (then) the Prophet ordered Thabit to divorce her. Narrated Ibn 'Abbas: The wife of Thabit bin Qais came to Allah's Apostle and said, "O Allah's Apostle! I do not blame Thabit for any defects in his character or his religion, but I cannot endure to live with him." On that Allah's Apostle said, "Will you return his garden to him?" She said, "Yes."

Volume 7, Book 63, Number 199:
Narrated by Ibn 'Abbas
The wife of Thabit bin Qais bin Shammas came to the Prophet and said, "O Allah's Apostle! I do not blame Thabit for any defects in his character or his religion, but I am afraid that I (being a Muslim) may become unthankful for Allah's Blessings." On that, Allah's Apostle said (to her), 'Will you return his garden to him?" She said, "Yes." So she returned his garden to him and the Prophet told him to divorce her.

[/quote]

From hadith it is clear that there was no defect in the character or religion of ‘Thabit bin Qais’ (who was a Sahabi) … and he was caring, loving, and providing his wife everything what a good character Muslim husband should provide in Islam. [Actually, what I have read, he was deeply in love with his wife … and was willing to do anything for her]

Only problem was that his wife (as in hadith) did not liked him (for whatever reason … his looks, manners, or ways) and that is why she said that staying married to him would make her ‘unthankful’ to Allah as Allah has given her a good husband but she cannot appreciate that … hence demand of Khula.

Thus it becomes obvious from above hadith that … if wife do not like her husband having second wife than that would make her dislike him as well as his second wife (for whatever reason … jealousy, sharing time, competition, or getting uncomfortable) … and that means she can take ‘Khula’ as living in such relationship would mean facing numerous situations that would give her many unwarranted reasons to be ‘unthankful to Allah’ or commit sin (backbiting, jealously, competition, or whatever).

*Actually, from above (famous and authentic) hadiths … it is clear that anything (including second marriage) that can cause ungratefulness or sin (for wife as well as possibly husband), should be avoided (rather, should not be allowed). *

It also means, if there is no choice, than husband should make sure that his first wife agrees with his second marriage, so that after marriage, ungratefulness to Allah and other sins (in him, his first wife and second wife) can be minimised.

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I know that some reading my post may have started thinking that, if that is the case (as I mentioned above) than how is it possible that Islam allows 4 marriages.

Islam came in Arabia, where multiple marriages were an acceptable social act. Many had numerous wives. In such environment, women also had upbringing that they were willing to accept other women as wives of their husband as natural. So, most negative feelings ‘between two wives of one person’ were not present, what we see in society like Pakistan, and west. Though, in rare cases, if that feeling developed (love or attachment), than even in Arab Islamic world of Prophet (SAW) time, second marriage was avoided. Prophet (SAW) himself did not marry while Khadija (RA) was alive. Similarly, Ali (RA) did not marry while Fatima (RA) was alive.

In Islam, there is no requirement of love or attachment between husband and wife what we are taught in subcontinent (and west). Rather, Islam sees couples as two entities living together having mutual interest while married to each other. That is the reason Islam allows divorce, and in Islam, assets and incomes of both (husband and wife) are considered separate and they are individually responsible of their assets, financial duties and obligations. It is they who decide where to spend and what to do with what they have … something foreign in family life of most other cultures (especially subcontinent and west).

So, in such culture, where man and women are different independent entities even when married, man marrying without permission of his wife is acceptable … rather it makes no difference to wife, as wife stays unaffected, neither feel concerned. If she wants to, she can always take khula and get out of man's life.

But difference in behaviour and outlooks exists amongst people brought up in different culture (subcontinent and west), and thus second marriage without permission is not acceptable in people from such society, as it can creates lot of problems as well as make couples violates Islam by being upset with each other and ungrateful to Allah, accumulating sin. Islam do not force second marriage nor it is Islamic duty, so for Islam, it can adjust to such cultural requirements without problem.

In country like Pakistan, law of second marriage only with permission of wife is according to Islamic principle. If wife do not mind than one can take another woman as wife, but if wife minds and do not allow (please read my previous post) than husband cannot and should not be allowed to take second wife. From this law, state make sure that right of first wife is not abused (first wife unwillingly living with husband who has two wives). It also make sure that couples do not become ungrateful to Allah and accumulate sin.

For such law to end, change in cultural outlook and thinking is required, where men do not think that women are their property (wives property, life and izzat belongs to them) and women do not think that their husband is everything in their life. We first have to build a society where 'second marriage, divorce and khula' becomes norm and not stigma or unaceptable. We have to develop a society where each person knows their rights and duties, do not take dictation, and nothing is imposed on them by others (their husband, state, or anyone).

If that would happen, than such laws would not be needed, as society would adjust to new social and cultural realities itself, accepting multiple marriages, ‘talaq' and 'khula’ as norm, where wives would start demanding their rights from husband what Islam gave them, safeguard their assets, take control of theirs life, would be considered independent in their thinking and actions, and so on. Husband also would start realizing that marrying someone does not mean buying someone.

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Re: Muslim women cannot object to husbands’ marriages: CII chief

Mullah/mulvi is a person who performs Nikkah. Why should any mullah oppose a Nikkah contract between couple that has nothing to do with Mullah?

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one thing i heared......check its authenticity @ ur own

law of wife's permission' made by R. Col. Ayub Khan (late)

laws made by ppl can never be as per given in Quran or hadees