The Lahore High Court has dismissed a rape case against a husband over sexual relations that took place three days after he issued a divorce, citing provisions of the Muslim Family Laws Ordinance.
Justice Tariq Saleem Sheikh, in a 12-page written verdict on a petition filed by the husband, stated that under the ordinance, a divorce does not become legally effective until the completion of a 90-day waiting period (iddah). Sexual relations during this period cannot be considered illegal.
The case involved a couple married on April 22, 2024. The woman later discovered that her husband was already married, leading to a dispute. The husband issued a divorce on October 14, 2024, but the woman alleged that he forcibly had sexual relations with her on October 17, prompting her to file a rape case in Rahim Yar Khan.
The husband argued that the divorce was not legally effective during the 90-day period and that he had exercised his right to reconcile (rajoo) before the end of this period, meaning the marriage remained valid under the law.
After reviewing the case, the court noted that the woman did not dispute these facts. The verdict emphasized that while the husband’s actions could be considered morally questionable, they did not constitute a criminal offense under the law.
Justice Sheikh clarified that Islamic law distinguishes between sin and crime, and under the Muslim Family Laws Ordinance, divorce is not legally effective until 90 days have passed.
The Lahore High Court’s ruling sets a precedent regarding the legal status of marital relations during the iddah period following a divorce.
