Council of Islamic Ideology

Council of Islamic Ideology (CII; Urdu: اِسلامی نظریاتی کونسل‎) is a constitutional body of Pakistan, responsible for giving legal advice on Islamic issues to the government and the Parliament.[1] The body was founded in 1962 under the government of Ayub Khan.[2]

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Functions

The council has the following functions:[3]

  1. To recommend laws conforming to Quran and Sunnah to the Parliament and Provincial Assemblies.
  2. To advise the Parliament, Government of Pakistan, President of Pakistan, or Governor on any question referred to the Council as to whether a proposed law is or is not repugnant to the Injunctions of Islam.
  3. To make recommendations to bring current laws into conformity with Islamic injunctions.
  4. To compile guidance for the Parliament and Provincial Assemblies.

However, the Government can make a law before advice is furnished by the council. The council is also responsible for submitting an annual interim report, which is discussed in the Parliament and Provincial Assemblies within six months of its receipt.[3] Recently, the Council was strongly criticized in many traditionalist quarters for its recommendations on the procedure for khula. (See also Talaq (conflict)).

First members

The council was then known as Advisory Council of Islamic Ideology. Its first nine members were:[4][2]

Chairmen

Current members
  • Dr Qibla Ayaz (Chairman)
  • Allama Arif Hussain Wahidi (Member)
  • Allama Syed Iftikhar Hussain Naqvi (Member)
  • Dr. Abdul Hakeem Akbari (Member)
  • Dr. Pir Fazeel (Member)
  • Dr. Qari Abdul Rasheed (Member)
  • Dr. Syed Muhammad Anwer (Member)
  • Hafiz Fazal-ur-Rahim (Member)
  • Justice (R) Muhammad Raza Khan (Member)
  • Justice (R) Syed Manzoor Hussain Gillani (Member)
  • Maulana Muhammad Hanif Jallandhry (Member)
  • Maulana Muhammad Raghib Hussain Naeemi (Member)
  • Maulana Shafiqur Rehman Pasruri (Member)
  • Mr. Abul Muzaffar Ghulam Muhammad Sialvi (Member)
  • Mr. Ahmed Javed (Member)
  • Mr. Khurshid Ahmad Nadeem (Member)
  • Mr. Malik Allah Buksh Kalyar (Member)
  • Pir Rooh-ul-Husnain Mueen (Member)
  • Professor Dr. Farkhanda Zia (Female member) (Member)
  • Sahibzada Sajid-ur-Rehman (Member)

Views
  • In 2016, the council rules that DNA testing could not be used as a primary proof in rape cases, but be used as a supplementary proof.[5][1]
  • The Council has also declared human Cloning and sex reassignment surgery as illegal in Islam whereas test tube births were allowed, within certain conditions. It further states that practice of secret recordings as evidence for court cases should not be part of general policy, but it can be done in selected cases.[6]
  • Regarding the existing law that requires a "written approval" from the first wife if a man wants to go for the second marriage, the council is of the view that these laws are against Islamic principles and therefore should be abolished. Maulana Sheerani chairman of the council said, "The government should amend the law to make the issue of more than one marriage easy and in accordance with Sharia. We urge the government to formulate Sharia-compliant laws related to nikah, divorce, adulthood and will."[7] In spite of this recommendation from CII, in November 2017, a Lahore lower court ruled against a man who married a second woman without obtaining permission from his first wife. He was sentenced to a six-month jail term and fined Rs2,00,000[8].
  • In a review of marriage laws in March 2014, CII declared them unislamic. According to the council there are two stages of a marriage, Nikah and Rukhsati. While Nikah can be done at any age, Rukhsati can only take place once she reaches the age of puberty and is the responsibility of her guardian.[9]
  • The council on 21 January 2015 ruled that Divorcing thrice at once is against the Sunnah of Muhammad, rather it should be given over a period of time, it asked government to make this act punishable. It also ruled that a woman older than 40 can serve as a judge.[10]
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See also

References
  1. Associated Press of Pakistan (APP) (23 September 2013). "CII (Council of Islamic Ideology) rules out DNA as primary evidence in rape cases". Dawn (newspaper). Retrieved 18 November 2018.
  2. "Advisory body of Islamic ideology set up". Dawn (newspaper). 31 July 2012 [1962]. Retrieved 18 November 2018.
  3. Official website, Functions of the Council of Islamic Ideology Government of Pakistan website, Retrieved 18 November 2018
  4. History of the Council of Islamic Ideology Government of Pakistan website, Retrieved 18 November 2018
  5. Umer Nangiana (24 September 2013). "Rape cases: 'DNA test not admissible as primary evidence' - The Express Tribune (newspaper)". Retrieved 18 November 2018.
  6. "Islamic Ideology body okays test tube babies, terms sex-change operations 'un-Islamic' - The Express Tribune (newspaper)". 5 November 2013. Retrieved 18 November 2018.
  7. Ali, Kalbe (11 March 2014). "CII (Council of Islamic Ideology) wants law to make 2nd marriage easy". Dawn (newspaper). Retrieved 18 November 2018.
  8. "Pakistan makes landmark ruling against man for second marriage". The Tribune.
  9. Kalbe Ali (11 March 2014). "Pakistani laws prohibiting underage marriage un-Islamic: Council of Islamic Ideology". Dawn (newspaper). Retrieved 18 November 2018.
  10. "Divorcing thrice at once should be punishable offence, Council of Islamic Ideology". The Nation (newspaper). 22 January 2015. Retrieved 18 November 2018.
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