Lahore High Court (LHC) on Friday declared the marriage of a man to his wife's sister illegal, citing failure to complete the iddat period of the first wife. The court also rejected the interim bail of the accused. Iddat is a mandatory waiting period that a Muslim woman must observe on account of the death of her husband or dissolution of the marriage. Justice Tariq Saleem Sheikh, presiding over the case, issued an 11-page written judgment. The ruling equated marrying the sister of the first wife before completing the iddat period to marrying two sisters simultaneously, which is prohibited in Islamic law. Read: Maneka’s counsel skips hearing in Iddat case According to Islamic jurisprudence, a woman remains in a marriage relationship until the completion of her iddat period, as reaffirmed by the Federal Shariah Court. Therefore, marrying the sister of the first wife before fulfilling this requirement constitutes an illegal and punishable offence. The court emphasised the necessity for immediate separation once the illegal marriage came to light. Failure to dissolve the marriage obliges the judge to intervene and terminate the union, ensuring compliance with Islamic law. The verdict stemmed from a petition filed by Mussawir Hussain, seeking pre-arrest bail in response to an FIR lodged against him by Sabir Ali. Ali accused Hussain of marrying his younger sister before the completion of the iddat period of his first wife. In his defence, Hussain claimed to have married his wife’s sister nine days after divorcing his first wife. However, he failed to provide certified divorce documents during the investigation, casting doubt on his assertions. Following thorough deliberation, the court dismissed Hussain's interim bail, underscoring the importance of adherence to Islamic legal principles in marital matters.
from Pakistan News, Latest News Pakistan, Pakistan Headline | The Express Tribune https://ift.tt/hex7cI1
Social Plugin