25/07/2026
اگر شوہر بیوی کو ایک ہی مجلس میں طلاق ثلاثہ دینے کے بعد عدت کی مدت کی تکمیل سے قبل وفات پاجائے تو عورت اسکی وراثت میں حقدار ہوگی -
PLD 2025 SC 469
PLJ 2025 SC 444
A wife, divorced through Tripple Talaq at same time is entitled to inherit her deceased husband’s estate if his death occurs during her iddat period.
The concept of triple talaq, not finding its roots in the Holy Quran or the authentic Hadith, has been a subject of considerable controversy among various schools of Islamic thought. Notably Fiqah Jaffaria and the Maliki School do not recognize its validity, a view also shared by the Shafi School. The Hanbali School of thought, however, (naeem)treats triple talaq as a single divorce if the marriage was consummated and the pronouncement made in a specific form.
This divergence of interpretation and the social consequences of a unilateral and instant divorce have given rise to legislative intervention and compassion in the form of Sub-section 3 of Section 7 of the Muslim Family Law Ordinance, 1961 (the “Ordinance”). This provision mandates that a talaq shall not take effect unless a period of ninety- days has elapsed from the date on which notice is given to the Chairman of the Union Council. During this statutory period, the marital status of the spouses remains unaffected, thereby affording an opportunity for reconciliation. The legislative intent is to discourage hasty divorces requiring a cooling-off (naeem)period consistent with Islamic principles. Far from being repugnant to the Islamic Injunctions, this provision is in harmony with the Quranic commandment found in Surah Al Baqrah, which enjoins a period of waiting and reflection before the finality of divorce.
Furthermore, whilst Islam has permitted the dissolution of marriage in cases of necessity, it is a course strongly discouraged and disapproved in principle. The Quran prescribes a structured procedure for when divorce becomes final and absolute, which necessarily includes the observance of Iddah, that is, a waiting period a woman must observe following the death of her spouse or a divorce. Iddah is not merely symbolic but serves a substantive purpose, for it allows for reflection, potential reconciliation, and the possible retraction of the pronouncement of divorce. (naeem)However, recognising Talaq-e-Biddat as immediately effective undermines this essential safeguard, depriving the husband of the opportunity to revisit a hasty decision and standing in clear conflict with the Quranic injunctions governing the sanctity and dissolution of marriage.
C.P.L.A.181/2023
Aziz Ahmad and others v. Mst. Musarat & another
(As received)
Advocate Ch. Abdur Rahman Nasir Burm, Supreme Court of Pakistan 🇵🇰 LL.M. Cellphone No. 0333 5123431 📱 Website proficientlawyers.pk
