Lahore High Court :Women Can Remarry Without Completing Iddat

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The Lahore High Court (LHC) has ruled that an Islamic marriage (nikkah) done during iddat cannot be considered void and women who have done so cannot be tried for zina.

The ruling came from LHC Judge Justice Ali Zia Bajwa hearing a petition by a man who contended that his ex-wife had contracted another nikkah without observing iddat. He had urged the court to annul her marriage contract and try her and her new husband for the offense of zina.

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Justice Bajwa explained that the marriage of a woman who has not completed her iddat can be described as ‘irregular’ from an Islamic perspective but it would be harsh to declare such marriages ‘void’ because it would result in the couple being tried for adultery under the Islamic laws of Pakistan.

Note: Iddat is a period of four months and ten days of seclusion and chastity prescribed for separated or widowed Muslim women in the Holy Quran.

How it Happened

A man from Muzaffargarh had initially sued his ex-wife in a local family court late last year, contending that she had been granted a divorce by a family court and was required to observe iddataccordingly. However, she had contracted nikkah the day after the divorce.

The ex-husband had requested the local court to annul her nikkah and try the newly-married couple for zina under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.

Islamic Perspective

The issue is clearly addressed in the Holy Quran. Verse 234 of Surah Al-Baqarah states:

As for those of you who die and leave widows behind, let them observe a waiting period of four months and ten days. When they have reached the end of this period, then you are not accountable for what they decide for themselves in a reasonable manner. And Allah is All-Aware of what you do.

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In case a widow is pregnant, her waiting period is until the birth of the child, irrespective of whether it is before the prescribed period or several months after it.

Verse 4 of Surah At-Talaq reads:

As for your women past the age of menstruation, in case you do not know, their waiting period is three months, and those who have not menstruated as well. As for those who are pregnant, their waiting period ends with delivery. And whoever is mindful of Allah, He will make their matters easy for them.

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