Tag: Federal Shariat Court

  • Petition against Imran, Bushra nikah dismissed

    Petition against Imran, Bushra nikah dismissed

    Civil Judge, Islamabad, Qudrat Ullah has dismissed a petition challenging the nikah between Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan and his wife Bushra Bibi on Friday after it was withdrawn by the petitioner.

    Muhammad Hanif, the petitioner, had moved the court seeking legal action against the former prime minister for marrying his present wife while she was reportedly on iddat, but he withdrew his case, leading to its dismissal.

    In an application submitted in the court, the petitioner said: “For the time being, the applicant wants to withdraw the above said complaint due to technical reasons.”

    “If permission to withdraw the complaint is not accorded, applicant shall suffer irreparable loss,” he stated.

    Keeping in view the statement of the complainant, Judicial Magistrate (East) Qudrat Ullah granted permission for the withdrawal of the complaint under Section 248 Code of Criminal Procedure (CrPC) and wrapped up the case.

    Imran-Bushra marriage case

    The petitioner, Muhammad Hanif, had claimed that Bushra Bibi was divorced by her former husband in November 2017 and married Khan on January 1, 2018, despite the fact that the iddat period had not ended, “which is against the Sharia and Muslim norms.”

    The complainant submitted in the court the statement of Mufti Muhammad Saeed, who solemnised the marriage between Imran and Bushra, where he had said that the PTI chief married Bushra Bibi during the latter’s iddat (the time a woman goes into isolation after her husband dies or divorces her), despite knowing everything.

    In his statement to a lower court, Saeed said he had solemnised Khan’s nikah with Bushra Bibi on January 1, 2018, over the assurance of a woman claiming to be the former first lady’s sister.

    “Then the former premier contacted me again in February 2018 and requested me to solemnise his nikah with Bushra Bibi again as the first time it was against the Shariah,” Saeed stated before the court.

    He said that the first time when the nikah was solemnised, Bushra Bibi’s Iddat hadn’t ended.

    He quoted Khan as saying that Bushra Bibi had been divorced in November 2017 and that there was a “prediction” that the PTI chairman would become the prime minister of Pakistan if he married Bushra Bibi.

    Mufti Saeed added that the first nikah was illegal, which had been solemnised based on the “prediction”.

    The complainant also submitted the statement of Aun Chaudhry, a witness to the marriage and former political secretary to former prime minister Imran Khan, who claimed in court that their marriage ceremony and Nikkah were based on “fraud”.

    According to his statement, Imran’s divorce from his previous wife, Reham Khan, took place in 2015, after Bushra Bibi told the former premier to give her divorce immediately.

    “At the time, Reham Khan was not present in the country, but Imran Khan divorced her through email on the advice of Bushra Bibi,” he said.

    “On December 31, 2017, Imran said to me that he was going to marry Bushra Bibi the next day. I was surprised and told him that Bushra Bibi was already married. Imran Khan said that Bushra Bibi had been divorced,” he added.

    Aun Chaudhry claimed Imran Khan instructed them for the preparations for the marriage on January 1, 2018, adding that he accompanied Mufti Saeed, the cleric who solemnised the couple’s Nikkah, and PTI leader Zulfi Bukhari to Lahore where Imran Khan’s marriage was solemnised.

    Later, when they realized that the iddat period had not been completed yet, Aun stated “Imran Khan said that the waiting period (Iddat) would be completed on February 18, 2018, and asked me to make arrangements for the marriage on the same date. The waiting period had to be completed between February 14 or 18, 2018. Imran Khan’s second Nikkah took place in Bani Gala whereas the first one had taken place in Lahore.”

    He revealed that Bushra Bibi had been given an “order” that if the Nikkah took place on the first day of 2018, Imran Khan would become the prime minister, adding that the date was chosen keeping in mind the “prediction”.

    Marriage

    In February 2018, the PTI announced that Khan married Bushra Riaz Watoo, better known now as Bushra Bibi, who is a respected faith healer. The ceremony was held in Lahore.

    Although Khan’s sisters were not in attendance, the bride’s mother and friends attended the intimate ceremony.

    Before marrying the spiritual guide, Khan was married twice.

    He first married Jemima Goldsmith, daughter of a British billionaire, in 1995, but it ended in 2004. He has two kids, Suleman and Qasim, from his first wife. Both of them live with their mother.

    His second marriage was to Reham Khan in January 2015, which dissolved in a short span of 10 months.

  • Riba against Shariah: FSC orders govt to replace interest-based financial system

    Riba against Shariah: FSC orders govt to replace interest-based financial system

    The Federal Shariat Court (FSC) on Thursday declared interest-based financial system in the country against sharia after it announced its verdict in Riba case, reports ARY News.

    The three-member bench of the Federal Shariat Court in its verdict said that the existing laws related to Riba and interest are against Shariah. The FSC ruled that it is the responsibility of the government to replace the existing system and bring laws in accordance with Quran and Sunnah.

    The court declared that banks and other financial institutions receiving interest is against the Shariah. “Receiving additional amount on loans and change in agreement also comes under riba,” it ruled and directed the government to following Shariah laws while finalizing agreements with Chinese government for CPEC projects.

    The court further set a deadline of 31 December 2027 to fully implement court’s order on elimination of interest from the country and said that the government could also implement the decision prior to the deadline.

    Previously, the Full Bench of the Federal Shariat Court comprising of Justice Muhammad Noor Meskanzai Chief Justice, Justice Dr. Syed Muhammad Anwar and Mr. Justice Khadim Hussain M. Shaikh reserved the judgment against Riba case on April 12.

    The existing bench of the Federal Shariat Court headed by Chief Justice Muhammad Noor Meskanzai took keen and unprecedented interest in this matter.

    Jamaat-i-Islami chief Sirajul Haq termed it a historic moment of the country and lauded the three-member bench that announced the verdict.

    During the Chairmanship of his lordship of the bench 34 hearings are conducted.

    Petitioners, their Counsels, Jurisconsults, Amicus Curiae, Economists, Experts, Scholars, Chartered Accountants, Attorney General, and Advocate Generals advanced their arguments and the Court heard them with patience.

    They also gave suggestions for the conversion of the existing banking system into Riba free Islamic Banking system.

  • Court dismisses petition against PM Khan’s marriage, terms it ‘absurd and derogatory’

    Court dismisses petition against PM Khan’s marriage, terms it ‘absurd and derogatory’

    The Federal Shariat Court (FSC) on Monday dismissed a petition seeking an order against the marriage of Prime Minister (PM) Imran Khan on the basis of ten questions related to Islamic laws and constitutional provisions, reports Malik Asad for Dawn.

    A three-member FSC bench declared the petition as non-maintainable with an observation that the petition was “not filed in accordance with the Federal Shariat Court (Procedure) Rules 1981”.

    The court order mentioning the 10 questions asked by the petitioner stated that some questions were “absurd, derogatory and absolutely irrelevant”, while two questions that were related to Nikkah were “ambiguous, inconceivable and not understandable, rather [they] were not supposed to be framed at all.”

    The questions put forward in the petition were in relevance to Khula and the dissolution of marriage.

    The order stated that the petitioner had “not specified any specific provision of law being repugnant to the injunctions of Quran and Sunnah as required by the Constitution, as elaborated in the Federal Shariat Court (Procedure) Rules, 1981. Subse­quen­t­­ly, it dismissed the petition declaring it as non-maintainable”.