Remarrying without Iddat not unlawful: LHC

[TNT]

Wow these kangaroo courts are now openly disobeying basic Islamic rulings. Iddat period is openly mentioned and this women should have been ounished for not observing it. Her new marriage being legal or illegal is another issue but her punishment for not obeying iddat is clear. These stupid courts will soon allow homosexuality and pedophilia as well.

 

[Longhorn]

Agreed- should have rephrased it regarding the lineage(if) of the child. Getting together or not together doesn't apply if the husband is dead yet the iddat period applies there as well.

That being the reason, would it not nullify the need for Iddat if it was medically proven through modern medical testing methods that the lady in question was or wasn't pregnant.

 

[pakpride00090]

This is clear violation of Islamic rule that mandates compulsory iddat period.

The more I read about Pakistani courts, the more disgusted I feel.

 

[El Sidd]

“I do not agree with this contention

“I find no irregularity or illegality in the impugned order,” he added

Man doesn't have decency to not start every sentence with an I. Speaks highly of what kind of justice he would come up with.

What does the code say about inheritance in such cases of irregular marriage?

Can someone tell these Munafiks that the actions of this woman is between her and her God, and it is God who will eventually decide what will happens to her either here in this world or the next one.

Then why term marriage as a social construct?

Justice Ali Zia Bajwa

Poray mulk me ek surname reh gaya hai.

This is clear violation of Islamic rule that mandates compulsory iddat period.

The more I read about Pakistani courts, the more disgusted I feel.

Mrs Justice per doray daal kr try krlen if this new precedence holds or not.

 

[Areesh]

After aiding shareefs Lahore high Court has started to give decisions against rules established by Quran itself too

Filthy courts. Now they are violating Quran too

Can someone tell these Munafiks that the actions of this woman is between her and her God, and it is God who will eventually decide what will happens to her either here in this world or the next one. Hopefully one day, these hypocrites will look at themselves in the mirror and stop doing bribes, corruption, and abuse of others.

It is same God who in His holy book established rule of iddat for a divorced woman

Whatever you are saying makes no sense

 

[Riz]

Iddat was introduced to ensure the woman wasn't pregnant so there would be no objections by a new husband if she remarried.
Whether or not the lady was unfaithful is irrelevant to the actual reason for restriction.

idat was compulsory 1400 yesrs ago , now many modern medical equipment available to verify if women pregnant or not

 

[313ghazi]

The words of the holy Quran are sufficient for the Believers on this matter.

For the non believers, they can do what they want.

=========

The judge ruled correctly though that the couple cannot be prosecuted for zina.

 

[SQ8]

That being the reason, would it not nullify the need for Iddat if it was medically proven through modern medical testing methods that the lady in question was or wasn't pregnant.

Absolutely - but most muslims are in the 6th century even when Islam explicitly asks them to move forward

 

[313ghazi]

Absolutely - but most muslims are in the 6th century even when Islam explicitly asks them to move forward

Is there any historic precedent in Islam where Quran is rejected if modern workarounds are found?

BTW the ancient Egyptians could detect pregnancy by testing urine 3000 years ago.

Also I don't understand enough to say why the judge did not say the nikkah was invalid rather it was irregular.

I think the verdict should be examined by experts.

 

[StormBreaker]

Absolutely - but most muslims are in the 6th century even when Islam explicitly asks them to move forward

Recently when my father passed away to Covid, I also though about this. Now,

Key points : They weren’t together for 4 months as dad was abroad, Dad passed away 4 months later.

But then I started to wonder, If iddat was all about “Pregnancy confirmation” then why Quran explicitly mentioned 3 months for divorcee and 4 for widow, Why not both be 3 or 4.

So I came to this conclusion that it’s not only about pregnancy but has to do more maybe with psychology or no of menstruation cycles.

And Allah knows best.

 

[airmarshal]

The law of iddat is very clear I think. There is a certain period in which woman cant remarry. So why did Lahore High Court not consider it in its ruling?

I do agree that this action by the woman was fasid. It should not have been done without the period of iddat. But then as its reported, it looks like she was separated for quite some time and was already seeing someone while in nikah of previous husband. This points to the erosion of values in our system and the Protection of Women Act 2006 actually made it very easy for woman to get a khula even on the flimsiest of reasons as is my personal experience.

If the court has to intervene, it should not make it easy for any party to seek divorce. It should counsel, deliberate. But under Musharraf's law, woman can seek khula on the basis that man did not come to take the wife back from her mother's home. But the woman is not liable to tell anyone including husband why she left home when there was no fight or argument? This is my personal experience. Its painful but worth mentioning as it points how corrupt our society is getting and if laws also encourage these practices, we will not survive.

The only thing we could nominally take pride when comparing ourselves to West is family values. If those values erode, we have no where to go. West at least is far ahead of us in rule of law and technology.

 

[StormBreaker]

The words of the holy Quran are sufficient for the Believers on this matter.

For the non believers, they can do what they want.

=========

The judge ruled correctly though that the couple cannot be prosecuted for zina.

How so ? She didn’t observe iddah

 

[Imran Khan]

with todays medical advancement there is no need of iddat a simple DNA test can say who is father of baby .

 

[GumNaam]

lanat on the present judiciary. If Allah says wait for iddah to finish, then WAIT FOR IDDAH TO FINISH. this judiciary needs to reigned in.

 

[Rafi]

lanat on the present judiciary. If Allah says wait for iddah to finish, then WAIT FOR IDDAH TO FINISH. this judiciary needs to reigned in.

Allah has also given technology to verify pregnancy and moral crimes should not involve the state in today's world.