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Pakistan’s Council of Islamic Ideology: “Un-Islamic” for women to seek divorce without husband’s permission

Feb 20, 2016 9:21 pm By Robert Spencer

Remember this one the next time you hear an Islamic apologist droning on about how Islam respects and protects women’s rights.

Maulana Muhammad Khan Shirani

“‘Khula’ without husband’s consent is un-Islamic: CII,” by Qaiser Butt, Express Tribune, February 18, 2016:

The Council of Islamic Ideology (CII) has declared it un-Islamic for courts to use ‘Khula’ (right of a woman to seek divorce) without the consent of a husband to dissolve a marriage.

The powerful religious body observed on Thursday that courts were dissolving nikkahs in the name of ‘Khula’, which is not correct since only the husband has the right to grant Khula after which courts can dissolve marriage contracts.

Urging civil courts to differentiate between ‘Khula’ and a unilateral dissolution of marriage through a court order, the CII said several women who had dissolved their marriages using ‘Khula’ were still not certain if their marriage had actually been dissolved.

Khula is prerogative of husband, not courts, says CII

“While Shariah has explicitly defined the framework and procedure for Khula, it has not been defined in the country’s existing marriage laws,” the CII observed.

Therefore, a civil court decreeing dissolution of marriage on a wife’s plea without her husband’s consent, under the name of Khula, would be in violation of the Holy Quran and Sunnah, the council observed.

The council also observed that denying a husband the right to appeal against such a ‘unilateral’ court decision would also be unjust as per Islamic law.

According to a majority of ulemas, a wife has to forfeit her financial rights when ‘Khula’ is used to dissolve a marriage. However, the two can reach an agreement outside the law if a mutual understanding is established.

As per the Dissolution of Muslim Marriage Act passed in 1939, “Judicial khula is allowed to be authorised without the husband’s consent if the wife has agreed to forfeit her financial rights. Marriage is not considered a sacrament among Muslims but rather a civil contract with spiritual and moral undertones.”…

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Filed Under: Pakistan, Sharia, women's rights in Islam Tagged With: Council of Islamic Ideology (CII)


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Comments

  1. Kathy Brown, Esq. says

    Feb 20, 2016 at 9:24 pm

    Why does that perverted old man have a bath towel on his head? I mean it’s not as if he’d ever bathe. That’d be really ‘un-islamic’.

    • Stephen says

      Feb 20, 2016 at 10:46 pm

      Sharia Law is man made law but Not allah law.

      Mohamed Never followed Moses laws at all as given by allah in the Musaf during his times.

      • mortimer says

        Feb 21, 2016 at 12:06 am

        Sharia law is obviously manmade and so too is the Koran manmade, as is obvious by the Koran’s poor style, grammatical errors, spelling errors, abrupt changes of subject and abrupt changes of narrative ‘persons’ and frequent and extreme contradictions of meaning and mad, startling and unconvincing plagiarisms from both secular and sacred texts. The Koran, in other words, shows such a lack of polish that it is impossible that a deity wrote it. The Koran was evidently assembled in great rush by Hajjaj under the orders of Caliph Abd al Malik around the year 700 AD. Abd al Malik himself wrote that he ‘collected the Koran’. Quite possibly, Abd al Malik wrote or rewrote parts of the Koran to suit his political needs.

      • Thomas Angle says

        Feb 21, 2016 at 9:04 am

        mohammad would not follow God’s laws. he was a follower of Satan.

      • john spielman says

        Feb 21, 2016 at 9:09 am

        if you read about the attributes of allah in both the qur’an and the hadiths and then compare them with Satan as described in the Bible, you will find allah and Satan are one and the same!

  2. stan-in-usa says

    Feb 20, 2016 at 9:26 pm

    So much for these religious hypocrites who follow the teachings of Islam, Mohammed, & the Koran saying that Mohammed preached equality for women. Their hypocrisy smells worse than a sewer treatment plant in full operation.

    • mortimer says

      Feb 21, 2016 at 12:12 am

      Their TAQIYYA … hot, steaming piles of taqiyya… smells worse than a sewer treatment plant in full operation.

      In the West, the mullahs say that ‘Islam respects women’, but in the East, they don’t even bother to cover it up…WOMEN ARE SLAVES according to the Pakistanis.

      • Carolyne says

        Feb 21, 2016 at 10:53 am

        Actually, it is a sewer treatment plant. And it is more accurate to say the Koran is male-made.

  3. Jay Boo says

    Feb 20, 2016 at 10:12 pm

    Just imagine how many Muslimas would gladly MURDER for profit their worthless husbands if they could collect a generous inheritance.
    No wonder Muslim men strongly support sharia law

    Muslim women can’t even get a fair divorce.
    Hey Muslim ladies, I believe that my adopted state of North Carolina is still an equitable distribution state of marriage assets. Move to North Caroline and get a divorce or better yet threaten to kill your bastard Muslim husbands and make it look like an accident to collect the insurance unless they behave like good husbands.

    .
    I

  4. sidney penny says

    Feb 20, 2016 at 10:20 pm

    and the west wants or is forced to have sharia law?

  5. gravenimage says

    Feb 20, 2016 at 10:50 pm

    Pakistan’s Council of Islamic Ideology: “Un-Islamic” for women to seek divorce without husband’s permission
    …………………….

    This discrimination is mainstream Islam. Men have the handy “Triple Talaq” summary divorce, but women have to both go through the Shari’ah courts and secure their husband’s permission. And if a divorce *is* granted, she usually loses everything, including her dowry and custody of all her children.

    • Charli Main says

      Feb 21, 2016 at 4:10 am

      She will probably also be murdered by her family for bringing ” shame on them “

  6. mortimer says

    Feb 20, 2016 at 11:40 pm

    Lessee…”The Council of Islamic Ideology (CII) has declared it un-Islamic for courts to use ‘Khula’ (right of a woman to seek divorce) without the consent of a husband to dissolve a marriage.”

    That suggests that a woman who has been ‘sold’ to a man for a ‘bride price’ is considered the SLAVE of her owner. The SLAVE may leave when her MASTER decides she may leave and NOT BEFORE!

    Ergo, a bride in Islam is actually considered a SLAVE.

    • mortimer says

      Feb 20, 2016 at 11:45 pm

      Note: the source of the divorce decree is Pakistan’s Council of Islamic Ideology, rather than some flaky pipsqueak of a mullah that no one cares about.

      Western elites won’t read this and won’t realize that the Council of Islamic Ideology is speaking authoritatively as real EXPERTS on Islam!

      The Western elites close their ears when REAL ISLAMIC EXPERTS are speaking.

      • Angemon says

        Feb 21, 2016 at 6:55 am

        mortimer posted:

        “Note: the source of the divorce decree is Pakistan’s Council of Islamic Ideology, rather than some flaky pipsqueak of a mullah that no one cares about.”

        Like Obama, Kerry or Cameron?

  7. Westman says

    Feb 20, 2016 at 11:57 pm

    Unequal before “sharia” law, only allowed in the back, no functional rights. Didn’t we get rid of something like this in the US Southern States? Poor Muslimas, they don’t even have the rights of the Emancipation Proclamation. They are the slaves of Allah AND men.

    Pakistan is falling behind India, weighted down by the loss of half the minds of the country. Where is that Pakistani designed car, airliner, and films as good as Bollywood?

    • Charli Main says

      Feb 21, 2016 at 4:17 am

      Stand by for a laugh. A Pakistani once told me that India´s economic growth and development was the work of Indian Muslims. That Hindus were lazy, good for nothings living off the efforts of the Muslims !!!!!!!

      • Westman says

        Feb 21, 2016 at 11:04 am

        LOL.

        It’s good to know that even Pakistanis have urban myths.

  8. Avesta says

    Feb 21, 2016 at 1:02 am

    A semi-savage Paki-man was attempting to convince me that Fakistan’ s “Rich History” dates back thousands of years. However, when I pointed out to him that how can “Fakistan” have such a history as Fakistan, as a nation-state, was carved out of India and Afghanistan as an illegitimate by-product of departure of th British from the Indian sub-continent in 1948, he became visibly irritated and ranted off that; “Sir, you are a great liar and it is India that was carved out of Fakistan.”

    A cure for all the ills of Fakistan and Fakistan as a state may be an Ohio class trident submarine. Or a much simpler solution would be to stop all western aid to this country that can and should be called Porkistan or Fakistan.

    What a pathetic joke: Fakistan’ s Council of Islamic Ideology….!!!!!!!!

  9. Karen says

    Feb 21, 2016 at 2:11 am

    “Marriage is not considered a sacrament among Muslims but rather a civil contract with spiritual and moral undertones.”…

    Huh???? It’s a civil contract for only one party? Then it’s not a contract, is it?

    How convenient for Muslim men. Allah won’t be mad at them for dumping their wives, but wives must pay for the privilege, if a divorce is granted at all.

    One more reason why vile, stinking Sharia must be kept out of the West.

  10. grace says

    Feb 21, 2016 at 3:28 am

    • Jay Boo says

      Feb 22, 2016 at 10:53 am

      Every Leftwing indoctrinated college campus should play this video before the start of any Political Science course to give students a “well rounded education” and a more balanced perspective.

  11. Shmooviyet says

    Feb 21, 2016 at 6:33 am

    Isn’t it ‘un-islamic’ for a woman to do pretty much anything, but lie still for her husband (or whomever), and breed?
    That’s what they were created for, after all.
    Once again I saw a woman in head-to-toe Hefty bag, walking three paces behind the man by whom she was apparently accompanied. He’d turn around and shout something at her, as we were in a noisy mall.

    But we’re not supposed to notice such things.
    Makes me want to pull my hair out.

  12. Singh the Sikh says

    Feb 21, 2016 at 9:46 am

    Cousin sex and indentity crisis combined have caused mental retardation and psyscological problems
    among the porkies. Many are running around claiming Arab, Iranian and Turkish ancestory as they are ashamed of their indianness. Note that no other Muslim groups try to fake their true identities, not the Malays, Indonesians or Iranians. Only Pakistanis. It’s a screwed country with screwed up people. 15 per cent of the population face food insecurity and 42 per cent of the children are malnourished. But the country’s leaders have other important priorities. Their own country can’t even feed its children yet the porkies in Britain like to lecture the British government even while gorging on social welfare benefits.

  13. Florida Jim says

    Feb 21, 2016 at 10:30 am

    MUslims must think the west is crazy for acting as if women were the equal of men and dogs.They are so bright in everything.

  14. Carolyne says

    Feb 21, 2016 at 11:10 am

    Many of the verses of the Koran end with something like “Allah is wise, all-knowing.” Well, if there were such a creature as Allah, he/she/it has demonstrated that he/she/it is stupid and knows nothing. Nor are those ridiculous people who wrap towels around their heads and pronounce such nonsense wise or all knowing.

    One cannot be wise and all-knowing if one is the product of generations of first-cousin marriage. In Pakistan, 90% of those who are married are married to their first-cousins. Not a really bright bunch.

    All aid to Pakistan should be stopped immediately. Aid should only be given to Muslim countries who are moderating this nonsense and who give women equal rights, as is their due. Getting rid of the mullahs would be a good first step. Of course our Muslim president stopped aid to Egypt when El Sissi and the army kicked out the Brotherhood. Thanks Hillary Clinton and Hussein Obama for destabilizing the Middle East.

  15. Confectioner says

    Feb 21, 2016 at 11:13 am

    Imam Cleric, ‘ I have zeen things in my life, I am hungry, oh look a cookie in my beard, nom nom death to nom nom, death to nom nom’

    • Confectioner says

      Feb 21, 2016 at 11:15 am

      I found a cookie, I must have been good at one time in my life

      • Karen says

        Feb 22, 2016 at 8:44 pm

        Oh, dear me, I believe you have shown disrespect to an Imam Cleric.

        Nice job!! Have a cookie.

  16. UNCLE VLADDI says

    Feb 21, 2016 at 6:05 pm

    He’s absolutely correct.
    The main Hanifi maddhab fiqh kitab, al Hedaya, clearly details Khoola and Nikkah.

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