Current Court Ruling (LHC 8305) on Marriage During Iddah and Its Shariah Compliance: An Analytical Evaluation دورانِ عدت نکاح پر حالیہ عدالتی فیصلہ (LHC 8305) کی شرعی حیثیت : ایک تنقیدی جائزہ

Abstract

The recent judicial decision by Lahore High Court (LHC 8305) regarding the permissibility of Nikah during the Iddah period has sparked a significant debate among legal and religious circles. This research article provides a critical review of the court's decision in light of Islamic Shariah, exploring the implications and the Shariah's stance on the matter. The Iddah period, a waiting period prescribed for a Muslim woman after a divorce or the death of her husband, is a crucial aspect of Islamic marital jurisprudence, aimed at ensuring clarity regarding lineage and respect for the matrimonial bond. The court's decision is examined against the backdrop of classical Islamic jurisprudence, contemporary legal interpretations, and the socio-religious context that informs such rulings. This study employs a qualitative analysis, drawing upon primary Shariah sources, including the Quran and Hadith, as well as the opinions of classical and contemporary Islamic scholars. The article aims to dissect the legal reasoning behind the LHC's verdict, scrutinize its compliance or divergence from Islamic law, and assess its impact on Muslim society. Furthermore, it explores the balance between legal reform and adherence to Islamic principles, considering the dynamics of modern Muslim societies. Through this critical review, the paper contributes to the ongoing discourse on the harmonization of Islamic jurisprudence with contemporary legal challenges, offering insights into the complexities of interpreting and implementing Shariah in the 21st century.

Keywords: Nikah during Iddah Islamic Shariah, Lahore High Court Decision, Islamic Marital Jurisprudence, Legal and Religious Debate