Make triple talaq a punishable crime, recommends CII

CII authorities informed the National Assembly's Standing Committee on Law and Justice that the divorce takes place when 'talaq' is uttered thrice in one breath, even as a joke. Therefore, the National Assembly can make laws to make this act a punishable crime.

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

Replying 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 'talaq' is uttered thrice in one breath, even as a joke.

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, had punished those who gave instant divorce.

"Therefore, the National Assembly can make laws to make this act a punishable crime," he said.

CII Chairman Qibla Ayaz also endorsed the law minister.

When asked about the punishment, Ayaz said 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."

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 Caliph, then we should also follow it," he added.

The committee deferred the discussion on the bill about divorce till the next meeting.