The Council of Islamic Ideology (CII) has clarified that women have the legal and religious right to seek dissolution of marriage if their husband has been missing for two consecutive years. This clarification is being seen as a significant step toward addressing long-standing legal ambiguities related to marital rights in Pakistan.
According to details reported by Daily Jang, the CII reviewed existing laws governing Faskh-e-Nikah, or dissolution of marriage, during a recent session. The review focused on identifying and reducing gender-based disparities within current legal provisions, particularly those that affect women facing prolonged uncertainty in marriage.
The council examined recommendations presented by a special committee that was formed to study inequalities in marriage dissolution laws. After deliberation, the CII agreed in principle with the committee’s proposals, acknowledging that prolonged absence of a husband places an unfair emotional, social, and financial burden on women.
The CII stated that if a husband remains untraceable for two years, the wife has the right to approach a court for annulment of the marriage. This provision aims to provide legal relief to women who are left in limbo without clarity about their marital status or future.
In addition to cases of disappearance, the council also addressed situations involving imprisonment. It maintained that if a husband has been jailed for three years, the wife can file a petition for dissolution. This clarification aligns with earlier interpretations of Islamic jurisprudence while reinforcing the importance of justice and practicality.
The council further discussed circumstances where a husband is unable to fulfill marital responsibilities. In cases involving serious illnesses such as mental disorders, cancer, or other debilitating conditions, the wife may seek dissolution after a waiting period of one year. This waiting period is intended to allow time for possible recovery while also safeguarding the woman’s rights.
Legal experts believe this stance could influence future amendments or interpretations of family laws in Pakistan. By formally recognizing these conditions, the CII has reinforced the principle that marriage should not become a source of prolonged hardship.
This development is particularly relevant in a society where women often face social pressure to remain in unresolved marriages. Clear guidance from a constitutional body like the CII helps courts, lawyers, and families better understand the options available under Islamic and legal frameworks.
The clarification is expected to provide reassurance to women who are affected by abandonment, incarceration, or severe illness of their spouses. It also strengthens the conversation around fair and balanced family laws in Pakistan.
