• Monday, November 18, 2019

Pakistan: Make triple talaq a punishable crime, recommends CII

Discussion in 'Insaf - Justice' started by Jyotish, Sep 6, 2019.

  1. Jyotish

    Jyotish SENIOR MEMBER

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    Make triple talaq a punishable crime, recommends CII

    Saqib Virk

    September 5, 2019

    ISLAMABAD:

    The Council of Islamic Ideology (CII) has recommended that the act of triple talaq (or instant divorce) should be deemed a punishable crime.

    eplying to a question by Member of National Assembly (MNA) Bashir Virk, CII authorities informed the National Assembly’s Standing Committee on Law and Justice that the divorce takes place when the word for it, talaq, is uttered thrice in one breath – even if it has been done in jest.

    Federal Law Minister Farogh Naseem said that there was precedence in Islamic history of such an act being punished by the state, saying that the second caliph of Islam, Hazrat Umar (RA), had punished those who performed the act of instant divorce. “Therefore, the NA can make laws to make this action a punishable crime,” he said.

    Endorsing the law minister, CII Chairman Dr Qibla Ayaz said triple talaq should be made punishable in Fiqah Hanafi.

    When inquired about the punishment, Ayaz said that the CII had not determined that as yet. “If the ministry of law agrees to our suggestion to make it a punishable offence, the punishment can also be determined.”

    Playing the devil’s advocate, the law minister warned that making triple talaq a punishable crime would open other means for police to demand bribes.

    “If divorce is not a crime, then such legislation should be avoided,” he said. “But if there is precedence of the righteous Caliph, then we are bound to follow it as well,” he added.

    The committee deferred the discussion on the bill about divorce as well as that on inheritance till the next meeting.

    During the meeting, committee chairman Riaz Fatyana expressed displeasure with the ministries which had failed to provide the details of the more than 750 laws sought by the committee. He suggested that four or five relevant officials be called in to inquire why the required information had not been provided so far.

    Law ministry officials said that out of 40 ministries, only “a few had replied to the queries of the committee”.

    The law minister suggested to withhold for three months the salary of the secretary of the departments that fail to submit comply with the orders of the standing committee. Committee members suggested to summon the secretaries of the ministry that had failed to reply so far.

    Speaking about legislation, Fatyana informed the committee that 51 bills had been tabled in the NA. “Of those, 39 are relevant to women and 30 are relevant to children.”

    He also suggested to limit the number of laws that are enacted while calling for making each new addition comprehensive through sections. “A larger number of laws create ambiguity among the investigating officers and in courts.”

    https://tribune.com.pk/story/2050274/1-make-triple-talaq-punishable-crime-recommends-cci/
     
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  2. fitpOsitive

    fitpOsitive SENIOR MEMBER

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    Good step. If a man gives triple talaq at a time, woman should receive everything he possesses.
    Itna ghussa hai tu daikhty hain keh apna nuksan kerty hain ya nai.
     
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  3. Brass Knuckles

    Brass Knuckles SENIOR MEMBER

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    Behtar hai keh Banda shadi hi na karay
    Na triple talaq ki tension na nuqsan ki
     
  4. Retired Troll

    Retired Troll BANNED

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    Islamic pre nups Rock!!
     
  5. fitpOsitive

    fitpOsitive SENIOR MEMBER

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    Kerlyna plz. :p:
     
  6. Murgah

    Murgah FULL MEMBER

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    Wo kia kre jiski bv maryam nawaz jesi ho
     
  7. Brass Knuckles

    Brass Knuckles SENIOR MEMBER

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    Aisi biwi qismat walon ko milti hai usay khush rehna chahiye and agar khush na bhi ho talaq nhi de skta
     
  8. Fawadqasim1

    Fawadqasim1 SENIOR MEMBER

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    Absolutely
     
  9. LeGenD

    LeGenD ELITE MEMBER

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    Dude, seriously? :rolleyes:

    Since when is divorce a crime? What if you have a bad/unfaithful wife? Or you think that only men can be bad? :rolleyes:

    This is a stupid suggestion from an utterly useless council.

    This whole 'wemen ratss' stuff will destroy/bankrupt societies worldwide. There is no need to fight expensive wars anymore.
     
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  10. IbnAbdullah

    IbnAbdullah FULL MEMBER

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    Salaam


    I don't actually think triple talaq is valid when done in one sitting. There is obviously a difference of opinion - and I've mentioned before where the difference comes from.

    However, I don't understand why they must make it punishable by law? A person is divorcing his wife not beating or murdering - a better course of action could be to educate people or make talaq in one sitting not count as more than one.

    Punishment however makes no sense.


    Why though?
     
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  11. fitpOsitive

    fitpOsitive SENIOR MEMBER

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    See, in this regards, some authentic ahadiths are available, where men are advised on how to give talaq. If ones wife is unfaithful than talaq is not necessary. One can send her back to her parents without talaq. Or she can arrange living at one of her friends. Talaq sharif aurton k liay, or woh bhi tameeze k sath.

    People say, OK, talaq talaq talaq, and get lost.
    This is unislamic. So if it is not Islamic, then what is legality of this act? Nothing!
    So by law, its illegal to fire one's wife like that.
     
  12. IbnAbdullah

    IbnAbdullah FULL MEMBER

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    Salaam

    As I said I actually think talaq with proper intervals should be applied as in Sunnah.

    I was just talking about the take all their property and give it to the wide but. Wouldn't it be better to simply make triple talaq as not binding legally - and educate people on the matter instead of some extreme punishment.
     
  13. Hareeb

    Hareeb FULL MEMBER

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    CII should not have it's own interpretation of Islam. Since when giving divorce is a crime in last 1400 years of Islamic history?

    CII is doing no good by passing such laws. Instead of indulging in controversies of abondoning males from using their rights or restructuring Islamic laws, CII should better focus on women rights especially their lawful right of owning property and a share in inheritence.
     
  14. Syed1.

    Syed1. BANNED

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    Good decision.... no place in modern world for triple talaaq.

    Want a divorce, then go through proper channels and oh yes lose possession of your offspring and give away half your wealth to the wife.
     
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  15. T|/|T

    T|/|T FULL MEMBER

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    Divorce is not a crime but divorcing in Islam is also carried through a proper way. The proper way is to give divorce in 3 sittings each separted by a period of time. You get separated by the first divorce, but u get to think abt it and have a chance to reconcile, as Islam always favours reconciliation. So not performing the divorce the proper way is a sin in Islam and deemed a criminal act by khalfia Umar RA. Thats how much Islam cares about women rights.