The Council of Islamic Ideology and Women's Rights in Pakistan: Navigating a Constitutional Impasse

https://doi.org/10.5281/zenodo.16951397

Abstract

The relationship between the Council of Islamic Ideology (CII) and women’s rights in Pakistan reflects one of the most persistent constitutional conflicts in the country’s modern history. The CII, established under Article 228 of the 1973 Constitution, functions as an advisory body mandated to ensure laws conform to Islamic injunctions. However, its interpretations often intersect, and sometimes clash, with the constitutional guarantees of gender equality and fundamental rights enshrined in Articles 25 and 35. This tension has been particularly evident in debates surrounding family law, marriage, divorce, domestic violence legislation, and women’s political participation. While the Constitution envisions both the supremacy of Islamic injunctions and the protection of women’s rights, the absence of clear harmonization mechanisms has created contradictions in practice. Over the decades, the CII has issued recommendations that critics argue reinforce patriarchal structures, such as allowing child marriage with guardian consent or discouraging certain protective laws against domestic violence. Women’s rights activists, in contrast, advocate for a progressive interpretation of Islam that aligns with constitutional commitments and international obligations, including CEDAW (Convention on the Elimination of All Forms of Discrimination against Women). The conflict is not merely legal but also political, as successive governments have selectively used CII rulings to consolidate legitimacy while sidelining reforms that could strengthen women’s rights. This article examines the constitutional framework, CII’s jurisprudential influence, and the evolving women’s rights movement in Pakistan. It argues that sustainable reconciliation requires rethinking the role of the CII: either through reforming its mandate to align with constitutional protections or by fostering inclusive ijtihad (interpretive reasoning) that reflects contemporary realities. Ultimately, resolving this constitutional conflict is essential for advancing gender justice and ensuring that Pakistan’s legal order evolves in harmony with both its Islamic identity and its democratic commitments.

Keywords; Council of Islamic Ideology, Women's Rights, Pakistan, Constitutional Impasse, Democratic Commitments