LAHORE – Lahore High Court said wedlock without observing the period of Iddat may have penalties under Sharia but it cannot be treated as ‘unlawful’.
Justice Ali Zia Bajwa of LHC issued the ruling in a judgment that upheld an order of a district court of Muzaffargarh. The court dismissed the petition filed against a woman who tied the knot without completing the period a woman must observe after the death of her husband or after a divorce as per Islamic law.
The petitioner, Ameer Baksh, filed a case of fornication against his ex-wife Amina and her new husband Ismail as the woman got hitched without observing Iddat. Baksh claimed that his ex-wife had violated the Islamic laws therefore she had been committing ‘Zina’ [fornication].
The petitioner told the court that the sessions court dismissed his application in which he had sought registration of a case under section 4 and section 5 of Offence of enforcement of Hudood Ordinance, 1979.
His counsel also alleged that Amina secretly filed a suit for dissolution of marriage and got the ex-parte decree against the petitioner from the family court through an order.
Justice Ali Zia Bajwa while rejecting the plea ruled that a woman remarrying without the completion of her iddat cannot be termed fornication. Adding that, if the petitioner’s stance is accepted, such a marriage cannot be considered batil [invalid] however judge said the act of remarrying without the completion of iddat would be considered ‘irregular’.
Imran contracted marriage before completion of Bushra Maneka s Iddat, journalist claims
The court mentioned that a valid marriage is one that is free from all sorts of defects and infirmities in accordance with Shariah.
