Legal Rights and Duties In Jurisprudence: State Recognition, Protection & Exceptions Understanding rights and duties is central to the study of jurisprudence. Legal rights are not merely abstract ideas but legally enforceable claims, protected and recognized by the State. Duties are the counterpart of rights, and together they form the foundation of the legal system. This article explores the nature, theories, recognition, protection, and exceptions concerning legal rights and duties. 🔹 Meaning of Legal Right Salmond defines a legal right as: “An interest recognized and protected by the law, the violation of which would be a legal wrong, and the respect of which is a legal duty.” A legal right thus includes: • An interest • Recognition by law • Protection by law • A duty imposed on others Essence of a Right: If X owes ₹100 to Y, and the law enforces this debt, Y has a legal right. The right isn’t in the money but in the legal power to demand payment. X, in turn, has a legal duty to pay. 🔹 Theories of Legal Rights 1. Will Theory • Supported by: Austin, Holland, Kant, Hegel • View: Rights arise from an individual’s will or autonomy. • Criticism: Fails to include entities like infants or mentally ill, who can’t express will yet have rights. 2. Interest Theory • Propounded by: Ihering, Salmond • View: Law protects socially valuable interests. • Advantage: Covers a wider range of right-holders including corporations, infants, etc. 🔹 State Recognition of Rights A claim or interest becomes a legal right only when recognized by the State. Without legal recognition, it remains a moral or social expectation. Gray: “Only those interests which the law recognizes become rights.” Even moral rights or natural rights become legal only after formal recognition. 🔹 State Protection of Rights (Controversial) Recognition is not enough — a right must also be protected and enforced by the legal system. • Salmond & Ihering: A right requires enforceability through courts. • Austin: Law must impose a duty through the sovereign. • Gray: Recognition without protection is incomplete. For example, if a person has a right to receive rent, the court must provide a remedy (e.g., recovery suit) when that right is violated. 🔹 Exceptions: No Absolute Protection Despite state recognition, not all rights are perfectly protected or enforceable. These are known as imperfect rights or rights without remedy. 1. Imperfect Rights Recognized by law but not enforceable due to procedural defects. Examples: • Time-barred debts under Limitation Act • Claims against foreign sovereigns • Rights with insufficient legal evidence This is an exception to the famous maxim: Ubi jus ibi remedium – “Where there is a right, there is a remedy” 2. Rights with Remedies but No Enforcement Some rights are not enforced by courts but are acknowledged morally or politically, e.g. tortious claims or certain constitutional directives. Example: Damages for defamation or false imprisonment may be granted, but the act itself may not be immediately stopped. 3. No Enforcement Mechanism: International Law Some international human rights are recognized but lack enforcement. Examples: • Rights under the Universal Declaration of Human Rights (UDHR) • International Court of Justice decisions — only binding with state consent 🔹 Types of Legal Rights Based on Object: 1. Over Material Things – e.g., car, land, house 2. Over Person – e.g., protection from assault 3. Over Reputation – e.g., protection from defamation 4. Intangible Property – e.g., copyrights, patents 5. Domestic Relations – e.g., marital or parental rights Perfect vs. Imperfect Rights: • Perfect Right – Enforceable by courts • Imperfect Right – Recognized but not enforceable 🔹 Hohfeld’s Analysis of Legal Rights Term Correlative Opposite Right Duty No-Right Liberty No-Duty Duty Power Liability Disability Immunity Disability Liability Examples: • Right: Landlord has right → Tenant has duty to pay rent • Liberty: Person may walk in public park → No one has right to stop • Power: Judge can sentence → Accused has liability • Immunity: President is immune from criminal prosecution (Art. 361) 🔹 Special Classifications Basis Types Subject of Right Proprietary vs. Personal. Enforcement Ordinary vs. Fundamental Source of Recognition Legal vs. Equitable (under English Law) Scope Right…
Author: toahostinger
Sources of Law In jurisprudence– An Analytical Overview Definition of Sources of Law Sources of law are origins or roots from where laws derive their authority. They explain how laws are formed and what gives them legal power. Salmond’s Classification of Sources of Law Salmond divides the sources into two major types: 1. Material Sources These are the content or material from which laws are developed. A. Legal Sources (Authoritative) These are legally recognized and binding in nature. • Custom – Forms Customary Law • Precedent – Leads to Case Law • Legislation – Gives rise to Statutory Law • Agreement – Forms Conventional Law B. Historical Sources (Non-authoritative) These influence the law but are not binding: • Writings of jurists • Foreign judgments • Ancient customs 2. Formal Sources These provide legal force to rules when they are recognized by courts or included in statute books. • A rule becomes formal when it gains authority through legislation or judicial recognition. Kinds of Legal Sources (According to Salmond) 1. Custom 2. Precedent 3. Legislation 4. Agreement (for Conventional Law) • Custom as a Source of Law Definition by Salmond “Custom is to society what law is to the state.” ✓ Importance of Custom • Foundation of early law • Enhances acceptability of laws ✓ Decline of Custom • Modern legal systems rely more on legislation and precedent. Types of Custom 1. Legal Custom (Binding without agreement) • General Legal Custom: Applies nationwide • Local Legal Custom: Applies in a specific region or group 2. Conventional Custom (Based on agreement) • Binding only if parties agree • Common in trade and commercial practices Tests for Valid Custom 1. Antiquity – Must exist since time immemorial (Blackstone: Must be older than memory) 2. Continuity – Must be practiced without legal break 3. Peaceful & Open Use – Must not be secretive or forced 4. As of Right – Claimed as a right, not a privilege 5. Reasonableness – Must not be unjust or against public policy • Lady Wilson v. Willes (1806): Unreasonable custom rejected 6. Opinio Necessitatis – Must be followed with a sense of obligation 7. Conformity with Statutory Law – Cannot conflict with legislation • Allen: Even ancient custom cannot override statute 8. Consistency with Other Customs – Must not conflict with existing customs 9. Definite Locality or Group – Must be specific and not vague Theories on Customary Law 1. Historical School (Savigny, Carter) • Custom = true law • Courts/legislatures only recognize what already exists 2. Austin’s View • Custom becomes law only when recognized by the state 3. Salmond & Holland • Custom is a material legal source, accepted if it meets legal tests Precedent as a Source of Law Definition A precedent is a judicial decision that sets a legal principle. It must be followed in future cases by the same or lower courts. ✓ Importance • Ensures consistency and predictability • Especially important when no statute exists Advantages of Precedent 1. Certainty in Law 2. Natural Growth of Law 3. Flexibility and Adaptability Disadvantages 1. Rigidity 2. Over-technical approach 3. Slow law reform • Bentham: “It is dog’s law” Hierarchy of Precedents • Lower courts follow higher courts • Equal benches follow for consistency • High Courts must follow Supreme Court rulings • Smaller benches are bound by larger benches Precedents in India 1. Article 141 of the Constitution “The law declared by the Supreme Court shall be binding on all courts within the territory of India.” 2. High Court Rules • Single Judge follows other Single Judge • Division Bench decisions binding on equal strength benches 3. Persuasive Value • High Court decisions not binding on others, but influential Doctrine of Stare Decisis “To stand by what has been decided.” • Ensures judicial discipline • Courts rely on clear hierarchy and recorded judgments Theories of Judicial Law-Making 1. Declaratory Theory (Blackstone) • Judges declare existing law • Criticized by Bentham & Salmond 2. Judges as Lawmakers • Judges create law when interpreting new issues • Lord Denning, Gray, Dicey: Judges shape law daily Types of Precedents 1. Authoritative – Binding (e.g., SC decisions) 2. Persuasive – Not binding (foreign or other High Courts) 3. Declaratory – Restate existing law 4. Original – Create new legal principle Ratio Decidendi & Obiter Dicta • Ratio Decidendi = Legal reasoning behind the decision → Binding • Obiter Dicta = Extra remarks → Not binding but persuasive When Precedents Are Not Binding 1. Overruled by higher court 2. Ignorance of law 3. Conflicts with earlier higher court rulings 4. Contradictory decisions of same-level courts 5. Sub Silentio – Decided without proper legal discussion Legislation as a Source of Law Definition by Salmond Every formal expression of legislative will is legislation. Types 1. Supreme Legislation – Parliament (cannot be overruled) 2. Subordinate Legislation – Created under authority of supreme legislation • Executive, Judicial, Municipal, Autonomous Direct vs. Indirect Legislation • Direct – Acts passed by Parliament (e.g., BNS 2023) • Indirect – Judicial interpretations (e.g., Article 21 = Right to Privacy) Advantages of Legislation 1. Clear & Declared 2. Abrogative Power – Can repeal old laws 3. Efficient Division – Legislature makes, courts apply 4. Future-ready – Addresses new problems (e.g., AI, Cybercrime) • Salmond: “Legislation is like coin; custom is gold in the mine.” Delegated Legislation – A Double-Edged Sword Definition When Parliament delegates power to the executive to make rules. Examples • Environment Protection Act rules made by Government Need for Delegation • Technical details • Faster rule-making • Shared responsibility Criticism Jurist. View Keeton “Like ghostly Banquo’s children” – too many rules Hewart “New despotism” – dangerous executive power Sankey …
Major Schools of Jurisprudence: Explained with Key Thinkers and Concepts Jurisprudence is the theoretical study of law, helping us understand its purpose, nature, and functioning in society. Several schools of jurisprudence have emerged over time, each with a different approach to how law should be interpreted. Here’s an overview of six major schools of jurisprudence with important thinkers and principles. 1. Analytical School (Legal Positivism) Also known as Imperative School, Positive Law School, English School, or Austinian School, this school focuses on the logical structure and analysis of law, rather than its moral content. 🔹 Key Idea: Law = Command of the sovereign backed by sanction. Jeremy Bentham, the founder of utilitarianism, believed that the purpose of law is to ensure the greatest happiness for the greatest number. He rejected natural rights and disliked judge-made law, advocating for codification. His famous book: The Limits of Jurisprudence Defined. John Austin, often regarded as the father of English jurisprudence, emphasized that only laws made by the sovereign and backed by sanctions are “laws properly so called”. His work Province of Jurisprudence Determined (1832) divided laws into: • Laws properly so called: Commands from a sovereign (e.g., IPC). • Laws improperly so called: Customs, moral rules, scientific laws. H.L.A. Hart refined Austin’s theory with his book The Concept of Law. He introduced: • Primary rules: Substantive obligations (e.g., do not steal). • Secondary rules: Rules about making and interpreting laws (e.g., Constitution). Hans Kelsen, through his Pure Theory of Law, emphasized that law is a hierarchy of norms, and its ultimate source is a Grundnorm (Basic Norm), like “The Constitution must be obeyed”. 🔻 Criticism of Analytical School: 1. Ignored customs and moral foundations. 2. Overemphasis on command and sanction. 3. Dismissed international law. 4. Neglected the role of judiciary and permissive laws. 2. Historical School This school believes law is not created but evolves with society through customs, traditions, and national spirit (Volksgeist). Friedrich Karl von Savigny, the father of this school, argued that law grows organically from the people’s beliefs, not from rulers. Henry Maine, in his book Ancient Law, observed the evolution of law from status to contract. Puchta and Hugo further emphasized that law is shaped by collective consciousness. Example: The Hindu Marriage Act, 1955 formalized customs that already existed. 3. Sociological School This school sees law as a tool for social engineering, focusing on how law affects people’s lives and promotes justice, equality, and social welfare. Roscoe Pound, the most influential figure, said: “Law is social engineering”—it should fix societal problems like an engineer repairs machinery. Other notable thinkers: • Eugen Ehrlich: Introduced the concept of “Living Law”, found in people’s actual behavior. • Leon Duguit: Emphasized social solidarity over state sovereignty. • Ihering: Believed law exists to protect social interests, not just individual rights. Example: Child Labour Laws protect vulnerable children, reflecting law’s role in solving social issues. 4. Realist School This school asserts that law is what the courts do, not just what is written in statutes. It focuses on judicial behavior, real-life application of laws, and how judges’ personal views and facts influence decisions. Oliver Wendell Holmes Jr. said: “The life of the law has not been logic; it has been experience.” Jerome Frank introduced “Fact Skepticism”, saying that judges are influenced by their backgrounds. Karl Llewellyn stressed the difference between “law in books” and “law in action”. Example: Different judgments for the same crime reveal how judicial discretion shapes the law. 5. Philosophical (Natural Law) School This school holds that law must be rooted in morality, ethics, and justice. It connects law with what is right, not just what is written. 🔹 Key Idea: Law = Morality + Justice Socrates, Plato, and Aristotle laid early foundations. Plato said that justice is the highest aim of the state. St. Thomas Aquinas argued that law must reflect God’s will and moral values. Immanuel Kant emphasized law should protect freedom and human dignity, while Rudolf Stammler believed justice is the purpose behind all laws. Example: Laws against slavery or racial discrimination reflect moral truth, even if such practices were once legal. • Landmark judgements 1. Analytical School (Legal Positivism) This school focuses on law as it is (not what it ought to be), emphasizing sovereign authority and codified law. ADM Jabalpur v. Shivkant Shukla (1976) — Habeas Corpus Case • Facts: During Emergency, right to life under Article 21 was suspended. • Relevance: The majority judgment reflected legal positivism, stating that if law permits detention, courts cannot interfere, even if it seems unjust. • Criticism: Later overruled in Puttaswamy case; criticized for ignoring natural rights. State of Andhra Pradesh v. McDowell & Co. (1996) • The Supreme Court held that a law cannot be struck down merely because it is unjust, reaffirming Austinian positivism. 2. Historical School This school values customs, traditions, and the spirit of the people (Volksgeist). M. Ismail Faruqui v. Union of India (1994) • Context: Ram Janmabhoomi-Babri Masjid dispute. • Relevance: Court considered the historical and customary significance of the site to the Hindu community. Collector of Madura v. Mootoo Ramalinga Sethupathi (1868) (Privy Council) • Recognized customary Hindu law, showing that law derives authority from age-old customs. 3. Sociological School This school focuses on law as a tool for social change and welfare. Vishaka v. State of Rajasthan (1997) • Relevance: Court laid down guidelines to prevent sexual harassment at workplace. • Reflection: Shows law evolving to meet social needs, even without specific legislation — Roscoe Pound’s theory of law as social engineering. Joseph Shine v. Union of India (2018) • Issue: Decriminalization of adultery. • Relevance: Reflected changing societal values, and the Court emphasized individual dignity over archaic morality. 4. Realist School Focuses on what courts actually do rather than what laws say. Indira Nehru Gandhi v. Raj Narain (1975) • Relevance: Reflected the practical realities of political influence, and judicial discretion. State of Punjab v. Gurmit Singh (1996) • The Court emphasized sensitivity to victims in rape cases, departing…
Jurisprudence: The Philosophy and Science of Law 🔹 Introduction Jurisprudence is the study, analysis, and philosophy of law. It delves deep into understanding what law is, how it evolves, and how it should function in society. The word “Jurisprudence” comes from Latin: Juris = Law Prudentia = Knowledge or Skill Thus, jurisprudence literally means “knowledge of law” or “legal skill”. 🔹 Origin and Nature The study of jurisprudence first began with Roman jurists. Think of it as what science is to nature, jurisprudence is to law—it explores the fundamentals, reasoning, and purpose behind legal systems. > “Jurisprudence is not concerned with the text of statutes but with the essence of law itself.” As Cicero described, jurisprudence is the philosophical aspect of law—examining why laws exist, how they should evolve, and their moral backbone. Jurisprudence, derived from the Latin term juris prudentia, meaning “knowledge of the law,” represents the theoretical and philosophical study of law. It explores the origin, purpose, structure, and enforcement of laws within society. The discipline has ancient roots, evolving over centuries through various cultures and legal traditions. • Origin of Jurisprudence The origin of jurisprudence can be traced back to classical civilizations: Ancient Rome: Roman law is considered one of the earliest and most influential legal systems. Thinkers such as Ulpian and Gaius laid the groundwork for systematic legal analysis. Roman jurisprudence was concerned with categorizing laws, defining legal principles, and ensuring justice through reasoned interpretation. Greek Philosophy: Philosophers like Plato and Aristotle explored the concept of justice, natural law, and the role of law in a well-ordered society. Aristotle’s notion of natural justice versus legal justice laid a foundation for later theories distinguishing between man-made laws and universal moral principles. Religious Legal Systems: In Islamic jurisprudence (Fiqh), Jewish law (Halakha), and Canon law (Christian), jurisprudence took a theological form, interpreting divine commandments into legal doctrines. English Common Law Tradition: Jurisprudence developed through case law and judicial reasoning. Thinkers like Sir Edward Coke and William Blackstone emphasized precedent, legal customs, and the rights of individuals under the law. • Nature of Jurisprudence Jurisprudence is normative, analytical, and critical in nature. It does not merely describe laws but seeks to evaluate, interpret, and question their meaning and application. It can be broadly categorized into the following types: 1. Analytical Jurisprudence: Focuses on the logical structure of law, analyzing legal concepts such as rights, duties, sovereignty, and justice. It seeks clarity and coherence in legal language. H.L.A. Hart and Austin are major figures in this school. 2. Natural Law Jurisprudence: Argues that law should be based on morality or universal moral principles. Laws that are unjust or immoral, according to this view, may lack legitimacy. Thinkers include Cicero, St. Thomas Aquinas, and Lon Fuller. 3. Historical Jurisprudence: Emphasizes the evolutionary nature of law as shaped by customs, traditions, and societal needs. Savigny argued that law grows organically from the spirit (Volksgeist) of a people. 4. Sociological Jurisprudence: Sees law as a tool for social engineering. Law should be studied in its social context, not just as abstract rules. Roscoe Pound and Eugen Ehrlich are key proponents. 5. Critical Legal Studies: Emerged in the 20th century as a critique of traditional legal structures. It views law as a product of political and social power structures, often reinforcing inequality. Why is Jurisprudence Important? As per Salmond, jurisprudence serves several key purposes: 1. Thought-Provoking It introduces theoretical ideas that later influence real-world laws. Example: Natural rights (life, liberty) started as theory, became human rights laws. 2. Clarifies Legal Concepts It helps organize and simplify complex legal ideas. Example: The concept of legal personality—treating companies as “legal persons”. 3. Educational Value It trains legal minds to think logically and critically. Example: A judge may give justice over strict technicalities due to jurisprudential thinking. 4. Shapes Practical Laws Helps in modern lawmaking for current issues. Example: Emergence of cyber laws and AI regulations. Definitions by Great Jurists Ulpian: “Jurisprudence is the observation of things human and divine, the knowledge of the just and the unjust.” Cicero: Philosophical knowledge of law. Gray: “Science of law… systematic arrangement of rules followed by courts.” Salmond: “Science of the first principles of civil law.” John Austin: “Philosophy of positive law.” Allen: “Scientific synthesis of essential principles of law.” H.L.A. Hart: “Jurisprudence is the science of law, exploring legal concepts, systems, and the nature of law.” Salmond’s Classification of Jurisprudence 1. Expository or Systematic Jurisprudence Studies existing laws. Example: Analysis of the Indian Contract Act. 2. Legal History Explores how law has evolved over time. Example: Property or marriage laws from ancient to modern India. 3. Science of Legislation Suggests how laws should be made for future needs. Example: Laws for digital privacy or AI regulation. Austin’s Theory: Positive Law John Austin defined law as the command of the sovereign backed by sanction. His jurisprudence: Focuses on law as it is, not as it ought to be. • Divides jurisprudence into: ✓ General Jurisprudence: Legal principles common across systems. ✓ Particular Jurisprudence: Laws of a specific country (e.g., Indian Law). Example: √ Studying punishment in all countries = General √ Studying Indian Penal Code = Particular Criticism: Professor Holland disagreed with Austin’s division. He argued science should not be split into “general” and “particular” forms. Modern Perspectives on Jurisprudence H.L.A. Hart: System of Rules Hart divided laws into: √ Primary Rules: Tell us what to do (e.g., “Don’t steal”). √ Secondary Rules: Tell us how to create or enforce primary rules (e.g., Parliament’s power to legislate). He said a legal system is complete only when both rules exist together. Definitions of Law by Famous Thinkers J.C. Gray: Law = Rules enforced by courts. Salmond: Law = Principles applied by the state for justice. Roscoe Pound: Law = Social control through organized force. Paton: Law = Binding rules that regulate society. Kelson: Law = A technique of social organization, without political or ethical value. Austin: Law = Command of…
Muslim Law of Inheritance: Comprehensive, Just, and Ahead of Its Time The Muslim Law of Inheritance is not just a legal framework—it is a deeply rooted, well-structured, and equitable system that has stood the test of time. When discussing inheritance laws across the world, Islamic inheritance law must be at the top of the list for its clarity, fairness, and comprehensiveness. 🔸 What is Inheritance? Inheritance means the transfer of money or property to legal heirs after a person’s death. In Islamic law, this transfer is governed not by emotions or customs but by divine command and logical structure, balancing rights and responsibilities. • Why Muslim Law of Inheritance Stands Out 1. Comprehensiveness: It covers all possible relations — sharers, residuaries, and distant kindred. 2. Equity Over Equality: Shares are distributed based on financial responsibility, not gender alone. 3. Fixed Shares: The Qur’an specifies the shares of 12 types of relatives, leaving no room for ambiguity. 4. No Birthright: Unlike Hindu law, Muslim law doesn’t recognize inheritance by birth. The right to inherit arises only after the death of the property holder. 5. No Joint Family System: Property is individually owned, and inheritance is divided immediately upon death. • Major Reforms Introduced by Islam ✓ Females allowed to inherit — a revolutionary step in the 7th century! ✓ Widows, daughters, and mothers given fixed shares ✓ Husband and wife both inherit from each other ✓ Even distant kindred get a chance when no closer heirs exist ∆ Key Highlights of the System 1. Classes of Heirs • Sharers: 12 relations, including husband, wife, children, parents, siblings. • Residuaries: Male relatives who receive the leftover estate. • Distant Kindred: Relatives not in the above two groups inherit only if no sharers/residuaries exist. 2. Female Rights • Daughters, mothers, wives, and even sisters have defined inheritance rights. • A female gets half the share of a male, but this is due to less financial obligation, not lesser status. • Widow always inherits — 1/4th if childless, 1/8th if she has children. 3. Exclusion Rules (Hujub) • Closer relatives exclude distant ones. • Son excludes grandson, father excludes grandfather, full sibling excludes half-sibling, etc. 4. Illegitimacy and Homicide Illegitimate children cannot inherit from the father. A person cannot inherit from someone they murdered, whether intentionally or accidentally (Sunni law). ✓ Distribution: Science & Justice Combined Sunni Law uses Per Capita Method: Property is divided equally among heirs of the same class. Shia Law uses Per Strip Method: Property is divided based on branches of the family tree. • Unborn Child A child in the womb can inherit if born alive — showcasing how Islamic law even protects the rights of the unborn! • Escheat Rule If no legal heir exists, the property goes to the State (Government). • Testamentary vs. Non-Testamentary Succession Non-testamentary succession (no will): Follows Shariat Law. Testamentary succession (with will): Allowed only up to 1/3rd of the estate for non-heirs. √ In West Bengal, Chennai, and Mumbai, testamentary succession is governed by the Indian Succession Act, 1925. ∆ Why This System Deserves Global Recognition The Muslim law of inheritance predates and outperforms many modern legal systems. It provides: • A scientific method of share calculation • Rights to women, including widows and daughters • Protection to unborn children • Clear rules to avoid disputes > This is not just a law — it’s a legacy of justice. Muslim Law of Inheritance: A Model of Equity, Logic, and Divine Balance The Muslim Law of Inheritance is one of the most detailed and sophisticated systems of property division in any legal tradition. Rooted in divine revelation and developed through centuries of jurisprudence, this law ensures that wealth is distributed fairly, maintaining social harmony and justice in the family. In today’s legal landscape, where disputes over inheritance are common, the Islamic system stands at the top for its structured clarity, fixed shares, and protection for all genders and relations. What is Inheritance in Islam? Inheritance refers to the transfer of a deceased person’s property to their lawful heirs. In Islamic law, this transfer is not arbitrary—it is based on Quranic injunctions, ensuring that everyone gets what they rightfully deserve. > “Inheritance is a right, not a privilege.” ∆ Key Principles That Make Muslim Inheritance Law Unique 🔸 1. No Doctrine of Representation In Muslim law, heirs must be alive at the time of the ancestor’s death. If someone dies before the ancestor, their children do not inherit in their place. > Nearest heir excludes the more remote. This is unlike Hindu or English law, where representation is allowed. 🔸 2. Fixed Shares for Sharers There are 12 fixed sharers including the spouse, children, parents, and siblings. Their shares are clearly defined in the Qur’an, leaving little room for manipulation or favoritism. 🔸 3. Females Have Inheritance Rights Women inherit, although typically half the share of men. This is due to the financial responsibilities of men (e.g., dower, maintenance). Daughters, mothers, sisters, and widows are all entitled. ✓ Three Classes of Heirs Category Includes • Sharers Have fixed Quranic shares (e.g., spouse, children, parents) • Residuaries Inherit what remains after sharers (e.g., brothers, uncles) • Distant Kindred Blood relatives not included above (e.g., maternal uncles, aunts) ✓ Advanced Doctrines: Precision in Practice 🔷 Doctrine of Aul (Increase) If the total of the fixed shares exceeds 1 (unity), the shares are proportionally reduced. Example: Husband gets 1/2 Two full sisters get 2/3 Total = 7/6 → more than 1 Adjusted: Husband = 3/7, Sisters = 4/7 🔷 Doctrine of Radd (Return) If total shares are less than 1, and there is no residuary, the remaining portion returns to the sharers proportionately (except spouses). Example: Mother = 1/6, Daughter = 1/2 Total = 2/3 Adjusted: Mother = 1/4, Daughter = 3/4 Female Rights Underlined Widows: 1/4 share (if no children) 1/8 share (if there are children) Daughters: One daughter = 1/2 Two or more = collectively 2/3 With sons = become residuaries (each son gets…
What is Waqf? – A Comprehensive Guide under Muslim Law Waqf in Muslim Law: Meaning, Essentials, Types & Mutawalli,explore the concept of Waqf under Muslim Law. Learn its meaning, essential elements, types, creation, and the role of Mutawalli with key legal insights and case references. • Introduction to Waqf Waqf (also spelled Wakf) is an Islamic endowment of property to be held in trust and used for charitable or religious purposes. As defined by Abu Yusuf, it is the detention of a thing in the implied ownership of Almighty God, and its profits are used for the benefit of humanity. “Once a waqf, always a waqf” – Supreme Court of India Key Characteristics of Waqf 1. Irrevocability – Once declared, a waqf cannot be revoked. 2. Perpetuity – It is permanent and lasts forever. 3. Inalienability – The property cannot be sold, transferred, or inherited. 4. Charitable Use – The usufruct (benefits) must be used for pious or charitable purposes. 5. Absoluteness – Conditional or contingent waqf is void. Essentials of a Valid Waqf • Under Sunni (Hanafi) Law: √ Permanent dedication of property √ Waqif (dedicator) must be Muslim, sane, and major √ Purpose must be religious, pious, or charitable • Under Shia Law: √ Must be perpetual, unconditional √ Possession must be transferred √ Waqif cannot benefit from the waqf Types of Waqf 1. Public Waqf – For community welfare, e.g., mosques, schools 2. Private Waqf – For the benefit of family, known as Waqf-alal-aulad How is Waqf Created? • Modes of Creation: √ Inter vivos – During lifetime √ By Will – Testamentary waqf √ During illness – Limited to 1/3 of property without heirs’ consent √ By Immemorial User – Usage over time can imply waqf • Objects and Subjects of Waqf Valid Objectives: √ Mosques, Imambaras, Madrasas √ Quran reading, aid to pilgrims √ Support to poor and destitute Valid Properties: √ Tangible properties (not consumables) √ Immovable (land, buildings) or movable (books, stocks, cash) > Property must belong to the waqif. The Role of the Mutawalli (Manager) A mutawalli is a manager or superintendent of the waqf—not an owner. Eligibility: • Must be Indian citizen • Sound mind and adult • Can be male, female, or even non-Muslim (unless religious duties are involved) Appointment: By founder, executor, or Court ✓ Duties (per Section 50, Waqf Act 1995): • Follow directions of the Waqf Board • Submit returns and accounts • Allow inspections • Manage public dues ✓ Removal: • Breach of trust • Mismanagement or decay of waqf property • Failure to follow waqf objectives ∆ Doctrine of Cypress If the original purpose becomes impossible, courts may apply waqf property to a similar charitable purpose, preserving the intention of the waqif. Difference Between Waqf and Trust A Waqf under Muslim law is a permanent dedication of property for religious, pious, or charitable purposes, where the ownership is transferred to the Almighty God, and its benefits are used for the welfare of society. Once created, a waqf is irrevocable, perpetual, and must strictly adhere to Islamic principles. The manager, known as a Mutawalli, does not own the property but merely supervises its use according to the waqf’s objectives. In contrast, a Trust under the Indian Trusts Act, 1882, can be established for any lawful purpose, including private or family benefit. Unlike waqf, a trust may be revocable, and the founder may reserve benefits for themselves. The property in a trust is legally held by the trustee, who manages it for the benefit of the designated beneficiaries. Thus, while both serve as instruments for asset dedication and welfare, their legal nature, flexibility, and religious context differ significantly. Registration of Waqf • Under Section 36 of the Waqf Act, 1995: • Mandatory registration with the Waqf Board • Application must be filed within 3 months of creation • Can be applied by mutawalli, waqif, heirs, or Muslim community members Landmark Judgments on Waqf under Muslim Law 1. Vidya Varuthi Thirtha v. Baluswami Ayyar (1921) 48 IA 302 (PC) Court: Privy Council Key Point: • This is a foundational judgment defining Waqf in India. • The Privy Council held that under Muslim Law, when property is dedicated by way of waqf, the ownership passes to Almighty Allah. • Trustees (mutawalli) do not become owners; they merely administer the waqf property. “The idea of beneficial ownership is foreign to the concept of waqf under Muslim Law.” 2. Mohammad Ismail Ariff v. Ahmad Moolla Dawood (1915) ILR 42 Cal 904 Court: Calcutta High Court Key Point: • Clarified that waqf is irrevocable and perpetual. • Once created validly, the waqif (settlor) loses all ownership. 3. M Kazim v. A Asghar Ali (1932) 59 IA 94 (PC) Court: Privy Council Key Point: • Distinguished waqf-alal-aulad (waqf for descendants) and clarified that it is valid if: • The ultimate benefit is reserved for charitable or religious purposes. 4. Abdul Fata Mohd. v. Rasamaya Dhur Chowdhury (1894) ILR 22 Cal 619 (PC) Court: Privy Council Key Point: • Ruled that if a waqf is only for the family and descendants and does not reserve any ultimate religious or charitable object, it is invalid. 5. Mst. Amina Bibi v. Abdul Rahman (AIR 1923 All 152) Court: Allahabad High Court Key Point: • Waqf is not a gift (hiba); it is a separate legal institution where the ownership is divinely vested. 6. Asghar Ali v. Union of India (AIR 1965 SC 1604) Court: Supreme Court of India Key Point: • Validated government’s right to take over management of waqf property in case of mismanagement or public interest. 7. Board of Muslim Wakfs v. Radha Kishan (1979 AIR 289; 1979 SCR (2) 1) Court: Supreme Court of India Key Point: • Defined the jurisdiction of Waqf Boards and stated that the civil courts have jurisdiction unless expressly barred. 8. Radhakanta Deb v. Commissioner of Hindu Religious Endowments (1981 AIR 798) Court: Supreme Court of India Key Point: • Though not directly on waqf, it clarified…
International Organizations: Structure, Role & Relevance in Global Governance International organizations are formal institutions established by multiple countries working together to achieve global peace, cooperation, development, and rule-based governance. These bodies shape modern international law and diplomacy through collective efforts. Definition & Purpose International organizations are entities formed by nations to tackle global challenges, including conflicts, health crises, trade issues, and environmental threats. Examples: • UN (United Nations): Global peace and security • WHO (World Health Organization): International public health • WTO (World Trade Organization): Regulating trade rules Historical Background ✓ First Technical Organization: • International Telegraph Union (ITU) – 1865, Paris • Aim: Standardize international telegraph communication • Now known as: International Telecommunication Union (under UN) ✓ First Political Organization: • League of Nations (1920–1946) • Aim: Prevent future wars • Created by: Treaty of Versailles • Failed to prevent WWII → Replaced by United Nations (UN) in 1945 United Nations (UN) The United Nations (UN) is an international organization founded in 1945 after the devastation of World War II, with the aim of maintaining international peace and security, promoting cooperation among nations, and ensuring respect for human rights. It is the most significant multilateral institution in the world today, with 193 member states. Historical Background • The League of Nations (1919) was the first international peacekeeping body but failed to prevent WWII. • In 1945, 51 countries met in San Francisco and signed the UN Charter. • The UN officially came into existence on 24th October 1945 (celebrated as UN Day). Aims and Objectives (as per UN Charter) 1. Maintain international peace and security. 2. Promote friendly relations among nations. 3. Achieve international cooperation in solving problems (economic, social, cultural, humanitarian). 4. Promote respect for human rights and fundamental freedoms. 5. Be a center for harmonizing the actions of nations. Organs of the United Nations (as per Chapter III of UN Charter) The UN consists of six principal organs: 1. General Assembly (GA) – Article 9 to 22 • Deliberative body with equal representation from all 193 member states. • Meets annually in September. • Discusses international issues and adopts resolutions (non-binding). 2. Security Council (UNSC) – Article 23 to 32 • Primary responsibility: Maintenance of international peace and security. • 15 members: 5 permanent (P5) with veto power, 10 non-permanent. • Resolutions are binding on all member states. 3. Economic and Social Council (ECOSOC) – Article 61 to 72 • Coordinates economic, social, and environmental work. • Works with 15 UN specialized agencies. • 54 members elected by General Assembly. 4. International Court of Justice (ICJ) – Article 92 to 96 • Judicial organ of the UN based in The Hague, Netherlands. • Settles legal disputes between states and gives advisory opinions. 5. Secretariat – Article 97 to 101 • Headed by the Secretary-General (currently António Guterres). • Administrative organ of the UN, implements decisions of other organs. 6. Trusteeship Council – Article 86 to 91 • Set up to oversee the administration of trust territories. • Became inactive in 1994 after the independence of Palau. Security Council (Articles 23–32) The Security Council is one of the six principal organs of the United Nations, entrusted with the primary responsibility for the maintenance of international peace and security, as laid out under Chapter V (Articles 23 to 32) of the UN Charter. 🔹 Article 23 – Composition of the Security Council • 15 members: • 5 Permanent Members (P5) – China, France, Russia, the United Kingdom, and the United States. • 10 Non-Permanent Members – Elected for 2-year terms by the General Assembly with due regard to equitable geographical distribution. • Non-permanent members are not immediately eligible for re-election. 🔹 Article 24 – Responsibility for Maintenance of International Peace and Security • The UNSC has primary responsibility for maintaining international peace and security. • In discharging this duty, it acts on behalf of all UN members. • The powers and functions of the UNSC are granted under Chapters VI, VII, VIII, and XII of the UN Charter. 🔹 Article 25 – Binding Nature of Security Council Decisions • All member states agree to accept and carry out the decisions of the Security Council in accordance with the Charter. • This makes Security Council resolutions binding, unlike General Assembly resolutions. 🔹 Article 26 – Regulation of Armaments • The UNSC, assisted by the Military Staff Committee, is responsible for formulating plans for the regulation of armaments. • Aimed at promoting peace with the least diversion of the world’s human and economic resources for armaments. 🔹 Article 27 – Voting Procedure • Each member of the Security Council has one vote. • Decisions on procedural matters: Need the affirmative vote of 9 members. • Decisions on substantive matters: Need 9 votes including the concurring votes of all 5 permanent members (i.e., veto power). • If even one P5 member votes against, the resolution fails. • Abstention by a permanent member is not considered a veto. 🔹 Article 28 – Participation in Meetings • The UNSC shall be so organized as to function continuously. • Each member shall have a representative present at all times. • The Council may hold meetings at any place it deems most convenient. 🔹 Article 29 – Establishment of Subsidiary Organs • The Security Council may establish subsidiary organs (e.g., peacekeeping missions, sanctions committees) as needed for performance of its functions. 🔹 Article 30 – Rules of Procedure • The UNSC adopts its own rules of procedure. • Includes the method of electing its President, agenda, meeting conduct, etc. 🔹 Article 31 – Participation of Non-Members • A UN member state which is not a member of the Security Council may be invited to participate without a vote in discussions if its interests are specially affected. 🔹 Article 32 – Participation of Non-Member States or Parties to a Dispute • If a non-member of the UN is party to a dispute under consideration by the UNSC, it shall be invited to participate (without…
Will under Muslim Law (Wasiyat) – An Analytical Overview A Muslim may transfer ownership in property in two ways: 1. During lifetime – e.g., gift (hiba) 2. After death – through a will (wasiyat) ✓ A gift takes effect immediately, whereas a will becomes operative only after the death of the testator. Definition of Will (Wasiyat) A Will (Wasiyat) signifies the last wish of a person regarding the distribution of their property after death. It is: • Ambulatory (takes effect after death) • Revocable (can be changed anytime during life) Justice Tyabji defines it as “a legal declaration of the intentions of a Muslim regarding his property to be carried into effect after his death.” ✓ No formalities are required. It can be oral or written, with no need for specific words, signature, or attestation. Important Terms: • Testator – The person making the will • Legatee – The person in whose favour the will is made • Legacy – The subject matter of the will • Executor – The person appointed to execute the will Requisites of a Valid Will 1. Testator must be competent • A Muslim of sound mind and above 18 years • Age determined by Indian Majority Act • A will by a minor is invalid unless ratified after attaining majority • A will obtained by coercion/fraud is invalid 2. Legatee must be competent • Any person capable of owning property (Muslim or non-Muslim, minor or insane) • Child in womb can be a legatee (within 6 months – Sunni; within 10 months – Shia) • Heirs cannot be legatees beyond 1/3 share without consent of other heirs • Bequest to non-Muslims is valid under all schools in India (due to Act 21 of 1850) • Manslayer cannot inherit under Hanafi Law (intentional killing – disqualified) 3. Subject of Bequest must be valid • Must be owned by the testator • Must be in existence at the time of death • Bequest of future property is invalid • Conditional or contingent bequests are void • Bequest must be unconditional 4. Testamentary Limitations • Only 1/3rd of net assets can be bequeathed without heirs’ consent • Consent by: • Sunni Law – After testator’s death • Shia Law – Before or after death • If testator has no heirs, full property can be bequeathed • If married under Special Marriage Act, governed by Indian Succession Act Example: Testator’s assets = Rs. 4000 Funeral + debts = Rs. 1000 Net = Rs. 3000 → 1/3rd = Rs. 1000 (can be bequeathed) Revocation of Will A Muslim can revoke their will anytime before death, either: • Expressly (oral, written, tearing or burning the will) • Impliedly, such as: • Sale or gift of bequeathed property • Material change or destruction of property • Creating a new will of the same property ✓ Mere denial or informal statement doesn’t revoke a will. Abatement of Legacies (Excess Bequests) ✓ Sunni Law – Rule of Rateable Proportion • If total bequests > 1/3rd → All reduced proportionately • Priority to Quranic obligations (faraiz), then wajib, and lastly nawafil Example: A: Rs. 30,000 B: Rs. 20,000 Total = Rs. 50,000 Estate = Rs. 75,000 → 1/3rd = Rs. 25,000 A gets Rs. 15,000, B gets Rs. 10,000 ✓ Shia Law – Rule of Chronological Priority • Earlier bequests are honoured first • Once 1/3rd is exhausted, later legatees get nothing Example: A: Rs. 20,000 → gets full B: Rs. 30,000 → gets Rs. 20,000 C: Rs. 40,000 → gets nothing (Estate = Rs. 1,20,000 → 1/3rd = Rs. 40,000) Key Points to Remember • Will must be made by a major, sane Muslim • It is valid for 1/3rd property without heirs’ consent • No formal requirement – can be oral/written • Can be revoked anytime • Bequest to heirs beyond 1/3rd needs consent • Rateable reduction in Sunni Law vs. Chronological Priority in Shia Law • Religious, charitable institutions can be valid legatees • If testator dies without heir, entire estate can be disposed via will Important Case Law • Husain Begum v. Mohd. Mehdi – Bequest of full property to one heir without consent is void • Damodar Kashinath Rasane v. Shahzadi Bi – Bequest exceeding 1/3rd is valid only to that extent without heirs’ consent Conclusion The concept of Will (Wasiyat) under Muslim law reflects a balance between the individual’s right of disposition and protection of legal heirs. The law ensures that justice prevails through limitations on excessive bequests and provisions for revocation, while also accommodating Islamic values of charity and piety. Start Your Preparation with TOA At Theory of Abrogation, we equip you with everything you need: •Subject-wise expert classes •Mock test series •Legal current affairs •Personalized mentorship for interview preparation “Your law degree is your foundation, but your preparation is what will build your success.” Join Our New Batch Now! Prepare smart. Prepare with Theory of Abrogation. Contact Us: 📍 B-109, Commercial Complex Dr. Mukherjee Nagar, Delhi-09 📞 +91 9971399324 | +91 8840961324 📧[email protected]
Triple Talaq and Its Legal Consequences Under Muslim Law Key Case: Rashid Ahmad v. Anisa Khatoon (1932) In this landmark case, Ghayas Uddin pronounced triple talaq (talaq-ul-biddat) in the absence of his wife, Anisa Khatoon, and later executed a divorce deed (talaqnama). Despite the divorce, the couple continued living together and had five children, whom Ghayas Uddin treated as legitimate. However, the court ruled: • There was no evidence of remarriage, nor any intermediate marriage with consummation (a requirement for remarriage after triple talaq under Sunni law). • Therefore, the subsequent cohabitation was void, and the children born after the divorce were held to be illegitimate. • The pronouncement of “I divorce Anisa Khatoon forever and render her haram for me” clearly showed an irrevocable intention. • The triple talaq was valid, and remarriage was not lawful without fulfilling halala conditions. Legal Principle Established: Mere cohabitation after an irrevocable talaq does not restore the marriage, nor legitimize the children, unless the proper Islamic procedure (intervening marriage and divorce) is fulfilled. Recent Judgment: Saheer v. State of Kerala (2023) In this case, the Kerala High Court quashed criminal charges against a husband who pronounced talaq-e-hasan, not talaq-e-biddat. Court Observations: • Talaq-e-hasan is valid under Muslim Personal Law and involves three pronouncements over three tuhrs (menstrual cycles) without intercourse. • It is revocable during the waiting period (iddat). • The Muslim Women (Protection of Rights on Marriage) Act, 2019 penalizes only talaq-e-biddat (instant triple talaq), not talaq-e-ahsan or hasan. 🔺 Key Highlights: • The husband made efforts for reconciliation. • Talaq was pronounced after failed mediations and with stated reasons. • The court found no element of instant or irrevocable talaq. • Criminal proceedings under Sections 498A IPC and 3/4 of the Muslim Women Act, 2019 were quashed. Types of Talaq Recognized in Muslim Law Talaq-e-Ahsan: • Single pronouncement during a tuhr (period of purity). • Followed by iddat without intercourse. • Revocable during iddat by resuming cohabitation. Talaq-e-Hasan: • Three pronouncements during three successive tuhrs. • No intercourse in between. • If cohabitation resumes after first or second talaq, it is revoked. ❌ Talaq-e-Biddat (Instant Triple Talaq): • Instant and irrevocable. • Now illegal and void under the 2019 Act and Shayara Bano v. Union of India (2017) ruling. • Punishable with up to 3 years imprisonment and fine under Section 4 of the 2019 Act. Legal Consequences of Divorce in Muslim Law Regardless of the form of talaq, the following consequences arise: 1️⃣ Right to Remarry: • Parties can remarry after completion of iddat. • Wife must undergo halala (intervening marriage with another man, consummation, and divorce) if divorced by triple talaq. • Without fulfilling halala, remarriage is not valid, and children of such union are illegitimate. 2️⃣ Dower (Mahr): • If marriage was consummated, entire unpaid dower (prompt + deferred) becomes immediately payable. • If not consummated, half dower is payable (if specified), or three articles of dress (if unspecified). 3️⃣ Inheritance Rights: • Mutual rights of inheritance cease after the divorce becomes irrevocable. 4️⃣ Cohabitation Becomes Unlawful: • After irrevocable divorce, any physical relationship is unlawful, and children born from such a union are illegitimate. • Such children cannot be legitimized even through acknowledgment. 5️⃣ Maintenance: • The wife is entitled to maintenance during iddat of divorce, but not during iddat of death. Important Conditions for Remarriage After Triple Talaq: To remarry after an irrevocable triple talaq, the following steps must be fulfilled: 1. Iddat must be observed by the wife. 2. She must lawfully marry another man. 3. The second marriage must be consummated. 4. The second husband must either divorce her or die. 5. She must observe iddat again after that. 👉 Without these steps, any remarriage with the first husband is invalid, and any children born out of such union are illegitimate. Conclusion Muslim Law allows multiple forms of divorce, but not all are recognized as legal under modern Indian legislation. • Talaq-e-biddat has been declared unconstitutional and illegal, while talaq-e-ahsan and talaq-e-hasan remain valid. • Case law like Rashid Ahmad v. Anisa Khatoon emphasizes the importance of proper procedure and remarriage conditions. • Recent rulings, like in Saheer v. State of Kerala (2023), further clarify the legal position and safeguard against misuse of Muslim divorce laws. Start Your Preparation with TOA At Theory of Abrogation, we equip you with everything you need: •Subject-wise expert classes •Mock test series •Legal current affairs •Personalized mentorship for interview preparation ✓ “Your law degree is your foundation, but your preparation is what will build your success.” Join Our New Batch Now! Prepare smart. Prepare with Theory of Abrogation. Contact Us: 📍 B-109, Commercial Complex Dr. Mukherjee Nagar, Delhi-09 📞 +91 9971399324 | +91 8840961324 📧[email protected]
Parentage, Legitimacy, and Acknowledgment under Muslim Law Meaning of Parentage Parentage is the legal relationship between parents and their children. • Maternity refers to the legal relation of the mother and child. • Paternity refers to the legal relation of the father and child. These legal relationships carry mutual rights and duties, such as: • Inheritance • Maintenance • Guardianship Maternity: How Established Under Sunni Law • Maternity is established by birth alone, regardless of whether the child is born within marriage or through zina (adultery). Under Shia Law • Mere birth is not sufficient. • It must be proved that the child was born out of a lawful marriage. Paternity: How Established • Paternity can only be established through marriage between the parents. • The marriage may be valid or irregular, but it must not be void. • Paternity is attributed to the husband of the mother. Legitimacy under Muslim Law Legitimacy is closely linked to lawful wedlock. A child is considered legitimate only if: • Born in a valid marriage. • Both father (begetter) and mother (bearer) were legally married at the time of conception. Hence, direct or indirect marriage between the parents is necessary to establish legitimacy. Presumption of Legitimacy: Key Rules 1. Child born within 6 months of marriage → Illegitimate, unless acknowledged by the father. 2. Child born after 6 months of marriage → Presumed legitimate, unless disclaimed by father through Lian. 3. Child born after dissolution of marriage • Shia Law: Legitimate if born within 10 lunar months. • Hanafi Law: Legitimate if born within 2 lunar years. • Shafei & Maliki Laws: Legitimate if born within 4 lunar years. Section 112 – Indian Evidence Act: Conclusive Presumption “A person born during a valid marriage, or within 280 days after its dissolution, is conclusively presumed to be the legitimate child of the husband, unless it is shown that the husband had no access to the wife during the period of conception.” Judicial Views • D.F. Mulla: Evidence Act supersedes Muslim law. • Ameer Ali: Section 112 embodies English law and doesn’t override Muslim law. • Tyabji: Disagrees with Ameer Ali. • In A.G. Ramchandran v. Shamsunnisa Bibi (AIR 1978 Madras): Section 112 applies to all religions, including Muslims. Acknowledgment of Paternity under Muslim Law When direct marriage cannot be proven, acknowledgment can establish paternity. Conditions for Valid Acknowledgment: 1. Must acknowledge legitimate sonship, not merely sonship. 2. Acknowledger must be at least 12.5 years older than the child. 3. Child must not be known to be someone else’s child. 4. If the child is adult, he/she must consent or remain silent. 5. There must be a possibility of lawful marriage between the man and the child’s mother at time of conception. 6. Acknowledger must be adult and sane. 7. Acknowledgment must have clear intention to confer legitimacy. 8. Acknowledgment must be definite (saying “I raised this child” is not enough). 9. Once acknowledged, it cannot be revoked. Rights Conferred: • Child gains full legal rights of inheritance. • Mother gains status of legal wife and right to inherit. Acknowledgment vs. Adoption Muslim Law does not recognize adoption. (Refer: Mohd. Allahdad Khan v. Mohd. Ismail, 1888) Acknowledgment under Muslim Law is based on the concept of actual paternity, meaning the man acknowledges a child as his biological and legitimate offspring. This process is valid only when the child is not known to be someone else’s child. If the biological father of the child is known and is someone else, acknowledgment is not permitted. Also, in acknowledgment, there is no renunciation of the natural family—the child remains affiliated with the natural bloodline. It relies on the theory of actual descent by legitimate means. Both male and female children can be acknowledged, and there is no religious or spiritual motive behind it; it is purely a legal recognition of parentage. In contrast, adoption under Hindu Law is based on legal affiliation, not on biological connection. A child can be adopted even if their biological father is known, and upon adoption, the child is permanently separated from their natural family and becomes a part of the adoptive family. This is a legal fiction rather than a natural relationship. Traditionally, adoption was allowed only for sons, but after the enactment of the Hindu Adoptions and Maintenance Act, 1956, even daughters can be adopted. Earlier, adoption had a religious and spiritual motive, especially to perform rituals like shraddha, but now it can be done for secular purposes as well. Conclusion In Muslim Law, legitimacy, parentage, and acknowledgment are interlinked with marriage. While adoption is not allowed, acknowledgment serves as an alternative mechanism to recognize and legitimize parentage, ensuring legal and social rights to children and their mothers. Start Your Preparation with TOA At Theory of Abrogation, we equip you with everything you need: •Subject-wise expert classes •Mock test series •Legal current affairs •Personalized mentorship for interview preparation “Your law degree is your foundation, but your preparation is what will build your success.” Join Our New Batch Now! Prepare smart. Prepare with Theory of Abrogation. Contact Us: 📍 B-109, Commercial Complex Dr. Mukherjee Nagar, Delhi-09 📞 +91 9971399324 | +91 8840961324 📧[email protected]