Monday, 13 July 2015

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

Salman Yousaf Khan
Family Lawyer

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International Lawyer