CII proposes enhancing penalty for dowry law violation

ISLAMABAD: The Council of Islamic Ideology (CII) on Monday proposed changes to Dowry and Bridal Gift Act, recommending that punishment for violation of this act should be increased from six months imprisonment to one-year imprisonment.

In its 239th meeting, the CII proposed increase in expenses of marriage from Rs2,500 to amount equal to two tolas of gold and increase in maximum limit of amount of dowry from Rs5,000 to two tolas of gold.

The CII meeting also proposed changes to Family laws suggesting that announcing three divorces in one sitting may be declared as punishable act. The council decided to convene a conference involving health experts, religious scholars, and other stakeholders to gather input regarding Pakistan’s first human milk bank, a sensitive issue that has sparked considerable debate within the country.

The CII’s decision comes after intense criticism from religious circles, leading to the suspension of the milk bank, which had been launched in collaboration with Unicef at the Sindh Institute of Child Health and Neonatology (SICHN) in Karachi in March this year.

The 239th meeting of the CII, chaired by Dr Raghib Hussain Naeemi, deliberated on the issue, which had been referred to the council by the Sindh government after Ulema raised concerns. These concerns centered on the Islamic concept of “milk kinship,” which stipulates that a parental bond is formed when a woman provides breast milk to a child who is not her biological offspring.

Islamic teachings suggest that this bond could create future complications, particularly regarding incestuous marriages between milk siblings, if not properly documented. The Pakistan Pediatric Association (PPA) welcomed the CII’s decision to consult all the stakeholders and urged the council to expedite the planned conference, emphasising that timely action is crucial for saving neonatal lives.

The milk bank at SICHN, considered a “significant milestone in maternal health,” was suspended after Darul Uloom Karachi issued a revised fatwa in June 2024. The updated fatwa cited religious concerns and instructed the immediate discontinuation of the bank’s operations.

In response, SICHN issued a statement affirming their compliance with the latest religious guidance, while expressing their intent to seek further clarity from both Darul Uloom and the CII.

Though the planned CII conference is seen as a potential way forward, no set timeline has been provided. The council members, including notable Islamic scholars such as Dr Abdul Ghafoor Rashid and Mufti Muhammad Zubair, stressed the importance of consulting a wide range of stakeholders.

They aim to gather insights from health experts on the benefits of milk banks for infants, particularly for mothers unable to breastfeed, while ensuring adherence to Islamic principles.

Human milk banks, or lactariums, collect, screen, and dispense donated human milk, primarily for infants whose mothers cannot produce sufficient milk. Globally, such banks have been essential in reducing infant mortality and ensuring proper nutrition for vulnerable infants, especially in neonatal intensive care units.

However, in Muslim-majority countries, the practice has faced religious scrutiny due to milk kinship concerns. In Iran, where a functioning network of milk banks exists, strict rules ensure that milk donations are documented to avoid familial complications.

In Pakistan, the milk bank was initially endorsed by a fatwa from Darul Uloom Karachi, allowing the project to proceed with specific preconditions, such as ensuring that Muslim infants would only receive milk from Muslim donors.

However, the fatwa’s reversal in June led to the suspension of operations, with the Sindh government seeking guidance from the CII on how to proceed while respecting Islamic principles.

While human milk banks are lauded by medical experts for their role in infant care, religious concerns have slowed their implementation in Muslim-majority countries. The upcoming CII conference will provide a platform for reconciling these viewpoints and determining how to move forward in Pakistan.

The suspension of the country’s first human milk bank has generated significant public interest, with many calling for a careful balance between medical necessity and religious compliance. Experts argue that breast milk is crucial for infant development and immune support, especially for premature or medically fragile babies, while Ulema stress the need for adherence to Islamic principles.

Meanwhile, the CII appreciated the Chief Justice Qazi Faez Isa and the government with regard to issuance of corrected decision of Mubarak Sani case. “The 239th meeting of CII has gone through corrected detailed decision of Mubarak Sani case and appreciated the Chief Justice for giving historic verdict”, a statement issued by CII after the meeting said.

The meeting observed that the government also deserved appreciation as it filed petition with the Supreme Court for correction of an earlier decision. On query of the Supreme Court with regard to criminal appeal 2017/590, the CII meeting also approved recommendations pertaining to matters of blasphemy and cases with regard to Islamic issues.

The CII meeting also approved proposals for changes in some clauses of Family Laws and Waqf Act 2020. The meeting also decided to hold countrywide events in connection with completion of 50 years of establishment of CII to highlight services of the Council.

The CII members Dr Abdul Ghafoor Rashid, Mohtarama Farida Raheem, Malik Allah Bux Kaliar, Muhammad Jalaluddin, Sahibzada Pir Khalid Sultan Qadari, Justice (R) Zafar Iqbal Chaudhry, Allama Syed Iftikhar Hussain Naqvi, Mufti Muhammad Zubair, Allama Muhammad Yousaf Awan, Dr Aziz Mahmood Al Azhari, Pir Shamsur Rehman and Dr Mufti Intikhab Noori attended the meeting.

The 239th meeting of CII has proposed changes in Dowry and Bridal Gift Act recommending that punishment for violation of this act should be increased from six months imprisonment to one year imprisonment.

It also proposed to approve increase in expenses of marriage from Rs2500 to amount equal to two tolas of gold and increase in maximum limit of amount of dowry from Rs5000 to two tolas of gold.

The CII meeting also proposed changes in Family laws suggesting that three divorces in one sitting may be declared as punishable act. The meeting, however, rejected bill of Ali Zafar advocate in which he had proposed that property accumulated after marriage would be divided between husband and wife equally in case of divorce.