Marriage without completing ‘iddat’ is not deemed fornication, according to the LHC.

Justice Ali Zia Bajwa of the Lahore High Court (LHC) dismissed a plea brought against a lady who remarried without finishing her iddat on Friday (period a Muslim woman has to observe after the dissolution of marriage).

Amir Baksh, the petitioner, filed a complaint at the LHC alleging fornication (zina) against his ex-wife Amina and her new spouse Ismail.

In his application, the petitioner claimed that his ex-wife Amina unilaterally obtained an annulment of the marriage from the court and married Ismail the next day. He referred to the new marriage, as well as zina, as “null and void” (fornication).

The LHC dismissed the case, stating that a lady remarrying before her iddat is completed is not fornication.

It went on to say that even if the petitioner’s position is accepted, a marriage like this cannot be considered batil (invalid). The act of remarrying without completing iddat, on the other hand, would be regarded “corrupt or improper,” according to the court.

The court went on to say that a couple who marry before the lady has completed her iddat cannot be charged with zina.