The Islamic Ideology Council has declared the Supreme Court’s verdict of granting first wives the right to terminate their marriage upon the husband’s second marriage without their permission be against Sharia.
In a landmark verdict, the Supreme Court had decided to give the first wife the right to terminate the marriage if her husband marries for the second time without her permission.
On October 23, the top court’s three-member bench headed by Justice Mansoor Ali Shah announced the decision in an 18-page ruling which stated that the first wife can terminate the marriage contract if her husband undertakes a second marriage without her consent.
Chairman of the Islamic Ideological Council Raghib Naimi said in a statement that there is no prohibition in Sharia on a man’s second, third or fourth marriage. He explained further that the decision to give the first wife the right to terminate the marriage if her husband remarries without her permission is illegal, and according to the constitution, no law can conflict with the rulings in Islam as described in the Qur’an and Sunnah.
He asserted that the decision of the Supreme Court needs to be respected but added, “We have the right to give an opinion on it based on the rulings of Sharia.”
However, the recent decision of the Supreme Court, according to Mufti Raghib Usmani, aligns with the “land of law” but contradicts Sharia principles.
He announced that the Council of Islamic Ideology will include a discussion of the Supreme Court’s ruling in its upcoming meeting agenda.