LAHORE: The Lahore High Court (LHC) on Saturday ruled that the service of a woman employed in place of her deceased husband cannot be terminated on the ground of contracting a second marriage.

“Islam, being a complete code of life, not only provides guidance about the process of contracting the first marriage of a Muslim [male or female] but also guides about the second marriage in case of death of a spouse,” notes a two-judge bench allowing an appeal filed by a woman against termination of her service on account of her second marriage.

Justice Chaudhry Muhammad Iqbal, the author of the judgement — which was reserved on Sept 11 — observed that marriage is a religiously, ritually, socially and legally recognised bond that establishes rights and obligations between them.

He said that prior to the advent of Islam and, unfortunately even at present, in different parts of the world the second marriage of a widow is treated as a social evil.

Notes respondents continue to enforce memorandum that has already been set aside by SC

The judge observed that Almighty Allah in the Holy Quran has not only given a choice to a widow to contract marriage but also ordered society to support the marriage of a widow.

After her husband passed away during service, appellant Zoya Islam was appointed naib qasid (BPS-1) at the Pakistan Mint on contract for a period of five years under a 2015 notification, titled “Revision of Assistance Package for Families of Government Employees who die in Service”.

Later, the appellant contracted a second marriage and the respondent authority issued her termination order.

Zoya Islam challenged her termination before the authority but her reinstatement was declined.

A single bench of the LHC also dismissed her petition for being a contract employee.

While referring to the Holy Quran and provisions of the Constitution, Justice Iqbal said it is crystal clear that a Muslim widow cannot be prevented or discouraged from contracting marriage. ‘‘Instead such action is appreciable and duly safeguarded by Shariah.’’

He said that a widow, at the time of the death of her husband, is given her due share from the estate left behind by her husband and there is no embargo on her to contract a second marriage after completion of the stipulated period of Iddat.

The judge maintained that the government, in contravention to the principles of Islam as well as the Constitution, had issued a memorandum in 2015 that a widow, who is granted employment on the ground of demise of her husband during service, will be disentitled to continue her service on account of her solemnising second marriage.

He mentioned that the memorandum in question has already been set aside by the Supreme Court, but the respondents illegally continued its enforcement.

The judge declared that the appellant’s termination order was arbitrarily issued by the respondent department in violation of the principles of Shariah, Constitution as well as supra dictum of the Supreme Court.

The two-judge bench, including Justice Ahmad Nadeem Arshad, allowed the appeal of the woman and set aside all impugned orders.

Published in Dawn, September 22nd, 2024