‘First wife lacks right to end marriage over husband’s second marriage’ – CII says

The Council of Islamic Ideology (CII) has on March 26, 2025, ruled that first wife lacks right to end her marriage if her husband takes a second wife.

This was disclosed in a meeting held at the CII centre secretariat in Islamabad Pakistan on Wednesday.

Following the meeting , the council rejected the legal provision that allows women to dissolve their marriage on these grounds.

According to Express News, the council stated that such a right is not supported by Islamic law.

The decision reinforces traditional interpretations of polygamous unions, affirming that a husband does not need his first wife’s consent for remarriage.

Health Tests in Marriage

The CII also deliberated on including medical tests for thalassemia and infectious diseases in marriage contracts.

While the council acknowledged the importance of such tests, it ruled that they cannot be made a religious requirement for marriage.

This decision seeks to balance public health concerns with personal freedoms under Islamic law.

The council suggested that couples could voluntarily include these tests in their family.

Meanwhile, the Council of Islamic Ideology (CII) is a constitutional body in Pakistan that advises the government on laws to ensure they align with Islamic teachings.

It said to be established under Article 228 of the Constitution of Pakistan (1973).

The council claimed it  plays a consultative role in legislative matters but does not have binding authority over lawmakers.

It is said to be formed in 1962 during General Ayub Khan’s regime and later restructured under the 1973 Constitution.

The CII’s primary function is to examine existing and proposed laws and determine whether they comply with the principles of Sharia (Islamic law).

Advisory Role

The council does not have legislative power but provides recommendations to Parliament and the government.

It reviews laws and policies, offering Islamic perspectives on issues like marriage, divorce, inheritance, finance, and ethics.

Composition

The President of Pakistan appoints 20 members, including Islamic scholars, legal experts, and technocrats.

Members serve a three-year term and are chosen from various schools of Islamic thought to ensure diverse representation.

Major Rulings and Controversies

The CII has made controversial rulings on issues such as polygamy, child marriage, and women’s rights.

In 2024, the council opposed a Supreme Court ruling that allowed a first wife to annul her marriage if her husband took another wife without her consent.

In 2016, the CII rejected a bill criminalizing domestic violence, arguing that husbands should have the right to “lightly beat” their wives for “disciplinary” purposes, sparking backlash.

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