This is the narrative of Ameer Bakhsh, a guy who felt he was wronged—not just personally but also legally and religiously.
He said that without his knowledge, his wife, Amna Bibi, had covertly acquired a Khula (dissolution of marriage started by a woman). Then something happened that really startled him: Amna married Muhammad Ismail the very following day.
To Ameer, this seemed like a spiritual betrayal as much as a personal one. Arguing that she hadn’t seen the obligatory Iddah (waiting period) mandated under Islamic law, he hurried to the Justice of Peace asking the court to initiate a criminal case for zina (adultery) against Amna and her new spouse.
The court denied, nevertheless. And here’s the justification.
🧕🏽 Khula: what is it?
In Islam, Khula is a privilege granted to a woman to terminate her marriage should she believe she cannot live with her husband within the confines prescribed by Allah. Unlike a classic divorce (Talaq), which is a husband’s right, Khula permits a woman leave the marriage—even if the male objects.
Usually returning her dower (mahr) or making some payment, the lady asks the court to dissolve the marriage should reconciliation prove impossible.
⑳ Iddah: what is it?
After a woman’s marriage ends—either by divorce or Khula—Iddah is a waiting period she cannot remarry throughout. Designed both spiritually and socially, it is designed to:
Verify there is no pregnancy resulting from the past marriage.
Let legal and emotional closure follow.
Show reverence for the former marriage tie.
By Islamic law, a lady has to wait:
Three menstrual cycles—should one be divorced and not pregnant? ,
Three months (if menstruation is not relevant) or
till she gives birth, should she be pregnant.
Amna Bibi didn’t wait at all. She remarried right away, and Ameer turned this become his primary weapon for court.
Is Remarrying During Iddah a Crime? The Legal Question
Ameer sought the court to declare Amna’s second marriage void, and she sought zina (adultery) from intimacy with her new spouse. The law, however, and the judge saw it differently.
The court observed as follows:
❝ Amna’s second marriage is not void even if it occurred without observing Iddah; it is rather irregular (fasid).
💡 What distinguishes this?
Like marrying your sister or someone else already married without divorce, a void marriage—batil—is absolutely prohibited.
Though it is not ideal, an irregular marriage—fasid—exists in law. Later on it might be corrected or regularly organized.
Therefore, even if the Nikah of Amna and Muhammad Ismail was performed during Iddah, it is not regarded as zina and criminal law cannot penalize them.
Zina and the Law After 2006
Couples punished for zina in earlier court decisions should their marriage be invalidly performed. But Pakistan changed the rule in 2006, deleting the word “validly” from the Hudood Ordinance’s definition of zina.
These days, the statute just states:
“Zina is when a man and a woman purposefully engage in sexual activity apart from their marriage.”
Thus, legally speaking, even an irregular marriage counts as wedded. Amna and Ismail cannot be charged with zina so, even with their Nikah timing was not precise.
🧠 Lessons This Case Shows Us
A lady has complete right to seek Khula without consulting her spouse.
Following Khula or divorce, Iddah is required; breaking this rule does not make a marriage illegal.
Still marriage are irregular marriages. Though they have flaws, they are not void or phoney.
Unless the legislation states otherwise, criminal courts cannot treat religious deviations as criminal crimes.
🧑⚖️ Final Verdict: Case dismissed
The court denied Ameer Bakhsh’s appeal, thereby verifying that Amna Bibi had used her right and that her new marriage—even if dubious—was not illegal.
😋 Frequent Questions Answered
Can I get married straight after Khula? A: Not one. You had to see Iddah even following Khula.
Is marriage during Iddah against Pakistani law? A: Though not perfect, it is not criminal behavior. The marriage is seen as irregular rather than invalid.
Can I open a police case for Zina should my ex get married again during Iddah? A: Not Yes. Current legislation do not classify this as zina.
Source:
Writ Petition No.16880/2021
(Ameer Bakhsh vs. Additional Sessions Judge, etc.)
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