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Q. What is meant by 'Acknowledgement' of paternity in Islamic law? what are valid conditions for such an acknowledgement. (2003) Q.

Write a detailed note on parentage. (2006/S) 1. Introduction: Parentage includes paternity and maternity. it is the result of institution of marriage. so parentage id the legal relationship of parents to their children. the establishment of paternity confers a status of legitimacy on the child. the child acknowledged must not be offspring of zina i. e. adultery, fornication, incest, or illicit relation. acknowledgement is a mode to establish paternity. 2. Acknowledgement of paternity: Muhammadan law recognizes the doctrine of acknowledgement of paterinty where the paternity of a child i. e. his father can not be proved by proved by establishing a marriage between the parents at the time of conception of the birth. 3. Application of the doctrine: The doctrine applies only to cases of uncertainty as to the legitimacy. it can be done only where the paternity of the child has not been or can not be proved from any other person, the child is not the off spring of zina and the circumstance of his birth are such that he could be a legitimate child of his father. 4. Modes of acknowledgement: Modes of acknowledgement of paternity are as under. (i) Implied (ii) Express 5. Capacity for making acknowledgement: (i) Person who is sound mind. (ii) Have attained the age of puberty. 6. Conditions of a valid acknowledgement: I. Ages of the parties: The ages of the parties must be such that it is possible that they may be father and son. the person who makes acknowledgement must be at least 12 1/2 year elder than the person acknowledged. II. Intention: The acknowledgement must not be merely sonship but if legitimate sonship. III. Prof of legitimacy: The child so acknowledged must not be known as the child of another. IV. Confirmation: Acknowledgement must be confirmed by the child so acknowledged if he is of adult age. 7. Nature: The acknowledgement once made and proved cannot be rebutted. so a man who makes acknowledgement can not rebut it. 8. When acknowledgement is void: When the mother of the acknowledged child could not be possibly have been the lawful wife of the acknowledger at any time. when the acknowledge could have been begotten, the acknowledgement will be void. 9. Effect of acknowledgement: In the case of the son it produces all the legal effects of natural paternity and vests in the child the right of inheritance in case of wife, the mother of the acknowledge son as effect of giving her the status of a legal wife and entitlement of inheritance and maintenance. 10. Rules of presumption as to legitimacy: Rules of presumption as to legitimacy are as under. (i) A child born with in less than six months after marriage is illegitimate. (ii) A child born after six months after the marriage is presumed to be legitimate. Exception: (i) If husband accuses her wife of adultery in the court such child would be illegitimate of proof. (ii) A child born with in 2 years after the termination of marriage is presumed to be legitimate. 11. Establishment of paternity: Paternity of a child is establishment by marriage between the parents of child. 12. Establishment of legitimacy:

When the paternity of a child is establishment its legitimacy is also established. Case law Muhammad Talat Vs Yasmeen Zohra 1992 CLC 1180 It was held that paternity of a child born in lawful wedlock, is presumed to be in the husband and mother without any acknowledgement or affirmation of parentage on his part and such child follows the status of father. 13. Conclusion: To conclude I can say that, the doctrine of acknowledgement of paternity confers a status of legitimacy on a child whether a son or a daughter. it is a kind of legal evidence. once the acknowledgement is made the right to disclaim is lost. the acknowledgement child may be a son or a daughter.

Q. When is the right of female for custody loss under Islamic law. (2000) 1. Introduction: The right of guardianship of the minor belongs to the father and in his absence to his nominate. where no one has been nominated then to the grandfather. if he dies the right of guardianship vests in the court. 2. Guardian: According to guardians and wards act 1890 guardian means a person having the care of the person of a minor or of his property or of his person and property. 3. Ward: Every minor who has a guardian, no matter what type of guardians he has, i.e the one appointed by the court under guardians and wards act or one who ia self appointed de facto gurarian. 4. Kinds of guardian: (i) Guardian of person. (ii) Guardian of property. (iii) Guardian for the marriage. 5. Who can be guardian of person: Under hanfie law: Under hanife law in the case of a son below seven fears of age and of a daughter below the age of puberty following are the entitle for the custody. (i) Mother (ii) Mother, s mother how high-so-ever. (iii) Father, s mother how high-so-ever. (iv) Full sister. (v) Uterine mother. (vi) Consanguine sister (vii) Full sister daughter. (viii) Uterine sister daughters (ix) Mother father. (x) Maternal aunts (xi) Paternal aunts (xii) Paternal aunts of mother and father. In the absence of them following female paternal relation shall have entitlement. (i) Father (ii) Paternal grand father (iii) Full brother (iv) Consanguine brother. (v) Full brother son (vi) Consanguine brother,s son (vii) Full paternal uncle (viii) Consanguine paternal. (ix) Full paternal uncle, s son (x) Consanguine paternal,s son.

In the absence of then following relative shall have entitlement: (i) Uterine brother (ii) Uterine brother,s son (iii) Father, s uterine brother (iv) Maternal uncle (v) Mother,s uterine brother Shire law: The custody of son below two years of age or of a daughter below seven years of age to the mother and after the mother the custody of the minor belongs to the father and of being not qualified then to the grands father how high so ever. the custody of son about two years of age and a daughter above. 7 years of age belong to the father and in his absence to the true grand father how high so ever. 6. Who can be guardian of property: (i) Natural or legal guardian can be appinoted guardian of property. (ii) Testamentary guardian. (iii) Court can appoint appoint any person guardian of property in case of absence of natural and testamentary guardian. (iv) A person can voluntarily take the charge of the property. he is in other words self appointed guardian. 7. Female when disqualified for custody: A female including the mother, who is otherwise entitled to the custody of a child loses the right of custody. (i) If she marries a person not elated to the child within the prohibited degree e. g, to a stranger. (ii) If she goes and resides, during the subsistence of marriage at a distance from the father's place of residence, or (iii) If she is leading an immoral life where she is a prostitute. (iv) If she neglects to take proper care of the child. Case law Juma Khan Vs Gul Ferosho P. L. D 1972 Pesh It was held that father is the natural guardian and is the natural guardian and is perfectly competent to get custody of the minor children from the mother after ceases to be their guardian. 8. Conclusion: To conclude I can say that the guardian has right to the movement and action of person. guardianship extends to the custody of the person and power to deal with the property of the ward. a guardian can be removed from his office under the guardians and wards act. although mother has legal right of guardianship of her minor children but she can loss her right. in circumstanced mentioned in guardian and wards act.