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Iddat case ka Turning Point Kahan tha....? Court reporter Saqib Bashir's Analysis
Iddat case ka Turning Point Kahan tha....? Court reporter Saqib Bashir's Analysis
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00:00When we saw that an important case of Iddat was thrown into the trash bin by the Session Court,
00:05when this debate was going on in this country for the past three months,
00:09a lot of people looked at the guidance of the scholars of this country,
00:13what is their opinion on this, so that they can investigate it and settle this debate once and for all.
00:19But during this time, we saw that there was no clear guidance from there.
00:23In fact, just two days ago, a notification came out of the Council of Islamic Ideology,
00:29and in this notification, what is written, they read it to you,
00:33they say that the way these issues are being criticized on social media,
00:37it is extremely inappropriate and immoral.
00:39If a man or woman has a problem with marriage, divorce, and Iddat,
00:43then it can be seen in the light of the opinions of scholars and medical experts.
00:47These are legal issues, and they should not be discussed about them without any reason.
00:52Moving forward, this is a very governmental position about social media,
00:56and this is what the Council of Islamic Ideology is repeating.
01:00They say that in the context of social media, discrimination, ridicule, criticism,
01:04hate speech, extremism should be avoided, which is certainly harmful for the safety of the country.
01:10Now, I do not know what the direct relation is between the national security and the safety of the country in the case of Iddat.
01:15Yes, however, this case had a very direct relationship with the rights of women and their safety in this country.
01:21And in the past few months, when guidance was being looked at again and again by the scholars,
01:25because there was no guidance from there, people did not consider it according to their own will and their own understanding.
01:31And more than the comments of the people, the questions that were asked in the court,
01:36the testimonies that were presented, and the way the issue of women's rights was raised,
01:40we hoped that the Council of Islamic Ideology would also give us some guidance about it.
01:46During this entire issue, when the women of the country were at risk of discrimination,
01:50the silence of the scholars will be remembered.
01:53We will talk about this in the program.
01:55Mr. Hassanat Malik is with us.
01:57Let's look at the court cases in the Supreme Court.
01:59Mr. Saqib Bashir has been covering this entire case of Iddat.
02:03Mr. Saqib, let's start with you.
02:05The judgment that has come today, there has been some change in the tone.
02:09Because last time when we saw, we were seeing the outcome of this case going to the other side.
02:15Because you have also commented ball to ball and have also seen.
02:18What was the turning point of this case?
02:20The turning point, I think, if this was seen on 3rd February,
02:24it could have been the turning point at that time as well,
02:26which the judge, Afzal Majooka, has brought out today.
02:30He has said that Khawar Manika admitted in the trial court, in the cross-examination,
02:40that on 2nd January 2018, she found out that Imran Khan and Bushra Bibi were married.
02:45And on 23rd November 2023, she filed a complaint that
02:49she was stopped from getting the right to return.
02:52So the court has written that this is a very surprising thing,
02:55that you are coming after 6 years, when your right to return has also ended,
02:59even if you are admitted in 2018.
03:01And after 6 years, you are saying that when you yourself are admitting that you knew on 2nd January,
03:07so that is why the court has said this.
03:10Then another point was very important,
03:12that this fraudulent marriage and dishonesty in this marriage,
03:16in that Salman Akram Raja had also pointed out, but the court has also reached the same conclusion,
03:21that fraudulent marriage and dishonesty will happen when there are two husband and wife,
03:25one is claiming that the other has married, there has been fraud in this,
03:29so they said that Imran Khan and Bushra Bibi, they are not calling it fraud,
03:33they are not calling it dishonesty,
03:35then how can the third person claim, their limit was only to return,
03:39that they would have returned.
03:41So on this basis, the court has said this,
03:44and the court has also said that,
03:47if such laws are used in the future,
03:52or if they will be used even today,
03:54then a floodgate will open,
03:56that after 6 years, a husband,
03:58who has married someone else,
04:02and he has done that marriage of his own free will,
04:04then after 6 years, he will come and say that I had returned.
04:07And then there was one more thing,
04:09that on 14th November 2017,
04:11he said that he had given divorce,
04:14so the notice of that divorce was not issued,
04:18so this is an admitted thing that he did not give notice,
04:21that section 7 of Muslim family law,
04:23it is necessary to give notice according to that,
04:25so that notice was not issued.
04:27Now this point was made that,
04:29if that basis is accepted,
04:31then it means that the 90 days period was not completed even today,
04:35because the notice was not complied.
04:37So the court has written that,
04:39if we misuse this law in this way,
04:42then the protection of women,
04:44that if a woman is divorced,
04:46then after a certain period of time,
04:48if she marries someone else,
04:50then this will open a floodgate,
04:52that every husband will take away his wife.
04:54See, the point is that,
04:55in this country, political cases are made,
04:57they will continue to be made,
04:58they will be made in the past,
04:59they will be made in the future,
05:00the real problem in this,
05:01that you have made women vulnerable,
05:03this is a very worrisome thing.