The Lahore High Court has made a landmark decision, ruling that a widow’s employment cannot be terminated due to her remarriage.
The court suspended the dismissal order and directed the immediate reinstatement of the petitioner woman, who was terminated from her government job after remarrying in 2021.
The two-member bench, headed by Justice Chaudhry Muhammad Iqbal, issued a nine-page ruling in favor of the petitioner, stating that a widow’s right to remarry is both enshrined in Shariah law and a fundamental right of a woman.
The court emphasized that dismissing a widow from employment on the grounds of remarriage constitutes a violation of Shariah law.
The petitioner, a naib qasid at the Pakistan Mint, had been employed following her husband’s death in 2020. She was terminated from her job after remarrying in 2021, citing government regulations that prohibit remarried widows from continuing their employment.
However, the petitioner argued that Islam and Shariah allow a widow to remarry, and the court agreed with her.
The court’s decision was based on a previous Supreme Court ruling that declared termination of employment based on remarriage to be unconstitutional. The court annulled the notification of dismissal and reinstated the petitioner to her position, citing the Shariah law that allows a widow to remarry.
This landmark decision is expected to have significant implications for women who have been terminated from their government jobs due to remarriage. The court’s ruling has provided a clear precedent for the protection of women’s rights and the recognition of their fundamental right to remarry.
