Landmark Judgment of Supreme Court of Pakistan on Remarriage of a Woman and Iddat Period

Landmark Judgment of Supreme Court of Pakistan on Remarriage of a Woman and Iddat Period

Landmark Judgment of Supreme Court of Pakistan on Remarriage of a Woman and Iddat Period

Remarriage of a woman‑‑‑Period of Iddat is 39 days 

Citation: 

*1992  SCMR   Page No.1273*

Detail of the Judgment

The period of `Iddat' laid down by the Holy Qura'n is not 90 days. It is rather three periods of menstruations which do not necessarily extend to 90 days. According to Hanifi Jurists the minimum period of menstruation is 3 days and the minimum period of `Tuhr' (period of purity) is 15 days. In the light of these principles, the minimum period of `Iddat' may be 39 days because this is the period in which it is possible for a woman to have three menstruations with two intervening periods of purity. It is thus clear that a marriage performed after 39 days from the divorce can be a valid marriage according to Shariah if the woman has passed through three periods of menstruations during this period. 

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