دوران ِعدت نکاح پر حالیہ عدالتی فیصلہ (ایل ایچ سی 8305) کا سیرت طیبہ کی روشنی میں تنقیدی جائزہ

A Critical Review in the light of Seerah regarding Recent Judicial Decision (LHC 8305) about Nikah during Iddah

Abstract

ABSTRACT

This article addresses the recent judicial decision of Lahore High Court on 24-Dec-2021 concerning nuptial contract before the completion of iddah period. This sacred social relation demands various limitations and duties which are necessary to be exercised as conveyed by the Prophetic life and dealings in this regard. No one is superior in a Muslim Islamic state in front of the law and golden principle given by the Prophetic biography. This decision is required to be investigated in the light of Qur’ān and Seerat-e-Tayyiba. As the question of nikah (marriage) is mutually linked with the objectives of Islamic Shariah incorporating multiple dimensions of both genders contributing either positively or negatively to the ongoing social living style. Some voices like Mufti Muneeb ur Rahman and Dr. Raghab Naeemi touched the issue briefly uttering the statements as highlighted by social media. However, the decision is required to be checked with the arguments (as referred in LHC 8305 from Qur’ān and Prophetic saying). This portion required concentration to know why the inference and judge (Ali Zia Bajwa) final remarks are; “the whole gamut of the above discussion is that I find no irregularity or illegality in the impugned order, here this writ petition No.16880/2021 is dismissed.” Therefore, this paper concludes that the decision; LHC-8305 has some precursors like the women protection act-2006 etc. It (nikah before iddah completion time) variates the types of marriage from batil nikah (void marriage ) to fasid nikah (irregular marriage) which is not in accordance with the Seerah guidance. Hence, this decision should be revised faithfully, according to instructions from Seerat-e-Tayyiba in the true sense.

Keywords: Seerat-e-Tayyiba, Social Dimension, Matrimonial life, LHC-8305, Critical Review