The Lahore High Court (LHC) has upheld the widow right after remarriage, ruling that a widow employed in place of her deceased husband cannot be terminated from her job after remarrying. The landmark decision comes after an appeal was filed by a woman challenging her termination based on her second marriage.
The court emphasized that Islam fully supports a widow’s right to remarry, and any act of terminating her employment due to remarriage contradicts both Islamic teachings and constitutional principles.
Justice Chaudhry Muhammad Iqbal, authoring the judgment, stressed that “Widow Right After Remarriage” is protected under Shariah law. The bench highlighted that Islam not only allows but encourages widows to remarry, urging society to support them in this matter. The judgment reiterated that there is no religious or legal restriction preventing a widow from remarrying after the completion of her Iddat period.
In this case, appellant Zoya Islam, who was employed as a naib qasid (BPS-1) under the “Revision of Assistance Package for Families of Government Employees who die in Service” notification of 2015, was terminated after contracting her second marriage. The Lahore High Court set aside her termination, noting that the memorandum used to justify her dismissal had already been overturned by the Supreme Court.
Justice Muhammad Iqbal stated that “Widow Right After Remarriage” must be upheld and safeguarded, and the arbitrary termination of the appellant violated Shariah, the Constitution, and Supreme Court rulings. The court ordered her reinstatement and struck down the impugned orders, reinforcing that a widow’s right to employment and remarriage must be protected.
