Pakistan’s Council of Islamic Ideology recommends criminalizing Muslim instant divorce

Triple talaq – or instant divorce – "has become a widespread social issue in Pakistan and has been ruining the lives of women and children,” Dr. Qibla Ayaz, chairperson of the Council of Islamic Ideology (CII), told Arab News on Saturday. (Shutterstock)

• The country’s law ministry says it is ready to legislate if the advisory body sites Islamic references from history to ban the practice
• ‘Triple talaq’ is prohibited in Egypt, UAE, India and Bangladesh

ISLAMABAD: Pakistan’s Islamic advisory body has requested the government to make “triple talaq” – or instant divorce – among Muslims a punishable offence to address the “widespread social issue” and protect family system, women and children from the menace.
The practice allows a husband to divorce his wife by repeating the word “talaq” – or divorce – three times in any form, including email or text message. Triple talaq is not mentioned in Islamic law or the Quran, even though the practice has existed among Muslims for decades.
“This has become a widespread social issue in Pakistan and has been ruining the lives of women and children,” Dr. Qibla Ayaz, chairperson of the Council of Islamic Ideology (CII), told Arab News on Saturday. “We want Parliament to make the practice a criminal offence since it will discourage the practice.”
The council is the country’s constitutional body responsible for giving legal advice on Islamic issues to the government, though its recommendations are non-binding.
Last year, it unanimously declared triple talaq a punishable offence, though it is yet to decide an appropriate punishment in such cases and convince the legislature to enact a law on the issue.
In a meeting in the Parliament House on Thursday, Ayaz asked the country’s law minister, Dr. Farogh Naseem, to initiate an awareness campaign against triple talaq and list some of its adverse social effects on the nikah-nama – or Islamic marriage contract – document.
“We are ready to legislate on the issue if you [the Council of Islamic Ideology] can cite any Islamic reference from history to criminalize triple talaq and suggest minimum punishment for it,” the law minister reportedly told the CII chairperson.
Ayaz said if the law ministry “agrees in principle” with his institution on the issue, the matter of punishment could be decided in consultation with lawmakers and Islamic scholars.
“It is a matter of utmost importance and needs to be addressed as early as possible,” he added. “In case of triple talaq, there is no room for reconciliation, and this can result in negative consequences for women and children.”
Islamic scholars belonging to different schools of thought say the Quran clearly spells out how a man should divorce his life partner. The practice has to be spread over three months, allowing a couple some time to reflect and move toward reconciliation.
Some Muslim countries, including Egypt, the United Arab Emirates and Bangladesh have already banned the practice. India’s Parliament in July approved a law to make the practice a criminal offence.
Men who breach the law can be jailed for up to three years.