Legal Status of Divorce During Pregnancy

A Muslim woman cannot be divorced during pregnancy. If a husband pronounces divorce to his wife during pregnancy, it is immaterial till delivery. However, if after delivery of child, it is not reconciled within 90 days, it becomes divorce.

The reason is that the Iddah of a Muslim woman is 90 days after pronouncement of divorce by the husband. If divorce is pronounced to a Muslim wife during pregnancy, it becomes effective automatically after the end of pregnancy. The iddat of such lady starts from that day and if the divorce is not revoked in such time period of 90 days, then it becomes complete divorce.

Once a women completes her Iddat after divorce, it means the divorce is final and irrevocable between parties. For more information you can contact lawyergolra@gmail.com


Regards,
Salman Yousaf Khan (Golra)
Family Lawyer
+92-333-533988 

Legal Status of Nikah before completion of Iddat

If a second Nikah is contracted before the completion of period of Iddat then it is void ab initio. It is illegal without having any legal footings. The persons involved in contracting such marriage and in aiding such marriage can be penalized for such illegal activity.

According to Islamic Law if a lady has been pronounced divorce by her husband, she has to observe iddat for three months. According to Pakistani law, the husband has to intimate the Chairman of concerned Arbitration Council once he pronounces talaq to his wife on which proceedings under section 7 shall be conducted.

The talaq will become final on the completion of 90 days from the date on which the chairman of concerned arbitration council receive notice from the husband. If such proceedings are not followed the husband may be penalized for that.

In case of Khula the lady has to observe 90 days iddat period. She cannot enter into the contract of second nikah before 90 days. Further she has to obtain talaq certificate from the arbitration council once she has the khula decree. The legal status of Nikah without that is of no legal footings.

If you have any query related with Nikah, Iddat and other family issues you can contact internationalawyerinfo@gmail.com

Regards,
Salman Yousaf Khan
Family Lawyer
+92-333-5339880

There is no Iddat in case of no Rukhsati

When a boy and girl contracts Nikah and do not consumate it, there is no Iddat in such a case. Generally speaking Nikah is the ceremony which binds the boy and girl in a relationship of marriage. However, practically after Nikah there is a ceremony of Rukhsati after which the boy takes the girl home and consumate marriage.

In case of divorce there is a period of Iddat which is equal to 3 Tuhrs. As enacted in the law 3 Tuhrs are equal to 90 days time period with one tuhr of 30 days each. A divorced lady has to observe this period of Iddat once divorce is pronounced by her husband. In this period of Iddat the man and wife both are allowed to reconcile marriage.

However, when marriage is not consumated, there is no Iddat. The divorce process do not run for 90 days rather it ends in a single hearing. If you have any divorce related query you can contact internationallawyerinfo@gmail.com

Regards,

Salman Yousaf Khan (Golra)

Family Lawyer

+92-333-5339880