Hearing against indictment in 'nikkah during iddat' case adjourned

Hearing against indictment in 'nikkah during iddat' case adjourned


Court adjourned the case hearing till Rizwan Abbasi's return

  • The duration of 90 days iddat is applicable only when woman is old and unaware about her menstrual cycle
  • There was no fraud in this case as PTI founder and his wife declared the nikkah fair
Follow on
Follow us on Google News

ISLAMABAD (Dunya News) - The Islamabad District and Session Court was hearing today the appeals filed by the Pakistan Tehreek-e-Insaf (PTI) founder and his spouse, Bushra Bibi, against their indictment in the 'nikkah during iddat' case.
District and Session Judge Shahrukh Arjmund presided over the proceedings concerning the indictment.

PTI founder's counsel Salman Akram Raja, alongside PTI leaders Faisal Javed and Azam Swati were present in the courtroom. PTI women attended the session, showing solidarity with Bushra Bibi.

Salman Akram Raja arguments

PTI founder’s counsel Salman Akram Raja presented a reference to a Supreme Court judgment related to the case, emphasizing the importance of women's privacy and dignity.

Raja highlighted that the statements made by Khawar Manika were not direct evidence and referred to a part of Manika's statement where he acknowledged Bushra Bibi's piety and declared her his ex-wife.

Counsel added Khawar Manika cleared both PTI founder and Bushra Bibi and has also accepted his statements before the court.

But khawar Manika was arrested and cases were registered against him. He was released on 14 Nov 2023 and he filed a case against ex-wife and PTI founder on Nov 25.
But Khawar Manika asserted to move back to his wife after five years and eleven months.

Mufti Saeed statements dicrepencies

Moreover, Raja played a video statement of Mufti Saeed regarding nikkah during iddat, asserting that a woman's testimony about her iddat was final. However, discrepancies arose as Mufti Saeed refuted his earlier statements.

PTI founder consul said that the video playing of Mufti Saeed statements was necessary to clear the air and to bring the character of Mufti Saeed to justice.

He said only SC can change its judgement whether its scientific material was presents. They (respondents) should move to SC and the evident was sufficient was enough to prove Mufti Saeed liar.

The duration of iddat isn’t 90 days

Raja underscored the interpretation of Muslim Family Law Section 7, arguing that the duration of iddat was not fixed at 90 days but varied based old age woman and unawareness about her cycle.

He emphasized Bushra Bibi's confirmation of the divorce date in April 2017 and her completion of the iddat duration.
Counsel provided the references of different judgements about divorce. He said women will be declare widow if her husband die before iddat duration according to Family Law section 7 sub section 3.

Raja cited legal precedents regarding divorce, highlighting that Section 7 did not apply to the PTI founder and the iddat duration was not necessarily 90 days.

There was no fraud in this case 

Counsel insisted that the indictment was valid in this case only the nikkah was a fraud and evidences were available.
He stressed that in this case the nikkah was happened on Jan 1, 2018 and PTI founder and his wife Bushra Bibi both have declared the nikkah fair.

He added that the 1962 constitution section 496 was only protection of non-Muslims and minor girls who were exploited.
Mufti Saeed has been declared in this case its mere allegations there were no record.

Advocate Rizwan Abbasi couldn’t present his arguments due to his family commitments in Denmark. Judge Shahrukh Arjmund ordered his assistant present the arguments through video link in a day or two.

Consequently, court has adjourned the case hearing until the return and reply of Rizwan Abbasi.
It's noteworthy that PTI founder and Bushra Bibi were indicted on February 3 by senior Civil Judge Qudratullah, who sentenced them to seven years imprisonment and a fine of 0.5 million each in the 'nikkah during iddat' case.