Can You Marry During Iddat in Pakistan:
No! A Muslim woman cannot marry during Iddat in Pakistan.
The Quran prohibits a woman from getting married during her iddat period.
The iddat period is:
- 3 months for a woman in case of divorce in Islam
- 4 months and ten days in case of the death of a husband
A Muslim woman is prohibited from getting married during this iddat period.
A woman is bound to wait for this time period to get married, but this is a religious aspect of marriage.
The law can be different in different countries.
The legal aspect of marrying during the iddat in Pakistan is given below.
LEGAL ASPECT
The legal aspect of getting married during Iddat in Pakistan is different than the religious aspect.
Legally, if a woman gets married during the iddat period in Pakistan, then the marriage is irregular and not void.
In Islam, the marriage during iddat is void, but as per the law, the nikah or even the court marriage in Pakistan is irregular and not void.
WHAT IS AN IRREGULAR MARRIAGE
An irregular marriage is something that can be corrected or rectified.
A void marriage is something that is not valid or not legally binding, but the irregularity does not fall within the category of void marriage.
WHEN MARRIAGE IS IRREGULAR
A marriage can be irregular when some part of it is missing or is not done according to the law.
Below are some examples of irregular marriages:
ABSENCE OF WITNESSES
At least two witnesses are required for a marriage in Pakistan.
These witnesses are even required for the services of online nikah in Pakistan.
If the witnesses are missing, then it makes the marriage irregular and not void.
The couple again does the nikah in the presence of witnesses and gets this issue rectified.
FIFTH WIFE
Four wives are allowed in Islam.
If the male does a fifth marriage, then the marriage will be irregular and not void.
DIFFERENCE OF RELIGION
Muslim males are allowed to marry a Muslim female or a female of the Ahl-e Kitab religion.
Marriage to the females of other religions is not allowed.
Islam prohibits it, but the Pakistani law makes this marriage irregular and not void.
MARRYING DURING IDDAT
Marrying during iddat is void in Islam and irregular as per Pakistani law.
After the divorce in Pakistan, the female has to wait for at least 90 days, which is her iddat period.
Legally, a female is still considered to be married to her husband unless she is issued a divorce certificate in Pakistan.
The law allows a woman in Pakistan only to get married after the divorce certificate is issued.
LEGAL ASPECTS OF IRREGULAR MARRIAGE
Below are the legal aspects of irregular marriages:
- NO MAINTENANCE: There is no wife maintenance in case of an irregular marriage.
- NO INHERITANCE: A wife cannot claim an inheritance of her deceased husband if the marriage was irregular.
- SEXUAL INTERCOURSE INVALID: The sexual intercourse in case of irregular marriage is not valid, but at the same time, the couple cannot be charged for the offense of Zina.
CONCLUSION
Can you marry during Iddat in Pakistan is explained above, but still, if you have any questions, you may contact our expert family lawyer in Pakistan.