AZIZ AHMAD vs Mst — 2025 PLD 469 SUPREME-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

AZIZ AHMAD VS Mst. MUSARAT S. 372---Muslim Family Laws Ordinance (VIII of 1961), S. 7(3)---Three divorces in one sitting---Divorce, finality of---Death of husband during Iddah period---Respondent/widow of deceased was deprived in succession certificate issued by Trial Court on the ground that she had been divorced by her husband---High Court set aside the judgment passed by Trial Court and declared respondent as widow of deceased who had died during the period of Iddah---Validity---Legislative intent in section 7(3) of Muslim Family Laws Ordinance, 1961 is to discourage hasty divorces requiring a cooling-off period which is consistent with Islamic principles---Far from being repugnant to the Islamic Injunctions, provision of section 7(3) of Muslim Family Laws Ordinance, 1961 is in harmony with the Quranic commandment found in Surah Al Baqrah, which enjoins a period of waiting and reflection before the finality of divorce---Islam has permitted dissolution of marriage in cases of necessity---This is a course strongly discouraged and disapproved in principle and the Quran prescribes a structured procedure for when divorce becomes final and absolute, which necessarily includes observance of Iddah, that is, a waiting period a woman must observe following the death of her spouse or a divorce---Iddah is not merely symbolic but serves a substantive purpose, for it allows for reflection, potential reconciliation and possible retraction of pronouncement of divorce---Recognizing Talaq-e-Biddat as immediately effective undermines such essential safeguard, depriving husband of opportunity to revisit a hasty decision and standing in clear conflict with the Quranic injunctions governing sanctity and dissolution of marriage---Written talaq pronounced by deceased husband had not become final in accordance with the injunctions of the Holy Quran nor did it fully comply with the mandatory statutory period under section 7(3) of Muslim Family Laws Ordinance, 1961---Respondent continued to remain lawful widow of her deceased husband and was entitled to inherit his estate---Supreme Court declined to interfere in judgment passed by High Court---Petition for leave to appeal was dismissed and leave to appeal was refused.

AZIZ AHMAD vs Mst — 2025 PLD 469 SUPREME-COURT

Case information

Judgment text as reported

Other judgments reported in 2025 PLD