The Council of Islamic Ideology (CII) has stated that a woman may approach a court to seek dissolution of marriage if her husband has been missing for two years.
According to a report in the Daily Jang, the CII reviewed laws related to Faskh-e-Nikah, or annulment of marriage. The council largely agreed with recommendations made by a special committee addressing gender disparities in existing provisions.
Under the ruling, a woman can file a petition for dissolution of marriage if her husband has been imprisoned for three years or longer. This provision provides legal options for women in cases of long-term absence or incapacity.
The council also noted that if a husband is unable to fulfill marital obligations due to serious illnesses, including mental health issues, cancer, or similar conditions, a woman may request dissolution of marriage after waiting for one year.
These measures aim to ensure that women have legal recourse when husbands are missing, incapacitated, or unable to perform marital duties. The CII emphasized that the provisions are in line with Islamic principles while protecting women’s rights.
Legal experts say the guidance from the CII could influence court decisions in cases of marriage annulment. It provides clarity for women seeking Faskh-e-Nikah and highlights the importance of protecting rights within the framework of Islamic law.
The council’s review reflects a broader effort to address gender disparities in marriage laws and ensure that women are not left without legal support in challenging situations.
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With these recommendations, women now have clearer pathways to dissolve a marriage when husbands are absent, imprisoned, or medically incapacitated, ensuring justice and equity in family matters.
