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PLAGIARISM SCAN R

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Acknowledgement of paternity (legitimacy) Iqrar. Muslim law recognizes the institution of Iqrar or acknowledgement on the other hand it disappro
“Where the paternity of a child, that is, his legitimate descent from his father cannot be proved by establishing a marriage between his parents a
legitimate descent can be established as a matter ofsubstantive law for the purposes ofinheritance”. “Acknowledgement is not legitimation (or m
declaration of
legitimacy, and not a legitmation”.
The Muslim Law of acknowledgement of parentage with legitimating effect has no reference whatsoever to cases in which the illegitimacy of the
reason of marriage necessary to render the child legitimate being disproved. The doctrine of acknowledgement relates only to cases where
eitheproved in the sense of the law as distinguished from disproved. In Mohd. Khan v. Ali Khan Madras High Court observed that the doctrine of
ackn not to cases where the lawful union between the parents of the child was not possible as in the case ofincestuous intercourse or an
adulterous c applies only to cases of uncertainty as to legitimacy, but the effect of acknowledgement always proceeds upon the assumption of a
lawful marria
An acknowledgement of paternity need not be expressed. Such an acknowledgement may be presumed from the fact that one person has
habit
cases that there need not be proof of an express acknowledgement, but that an acknowledgement of children by a Muhammadan as his
sons m
such.”3
Paternity of a child is established if the child is born during continuance of a valid marriage or within 280 days of its dissolution, the mother rema
is an offspring of a valid or irregular marriage, or even of a fornication or adultery.
LEGITIMACY AND ACKNOWLEDGEMENT
Establishment of Parentage
Parentage is the relation of the parents to their child. Paternity is the legal relation between the father and the child, while maternity is the legal r
guardianship and maintenance.

Maternity how established

The maternity of the child is established in the woman who gives birth to the child, irrespective of the lawfulness of her connection with the bege
fornication or adultery.4

Paternity how established

(1) The paternity of the child can only be established by marriage between its parents. The marriage may be valid (sahih), irregular (fasid), but it
Marriage may be established by direct proof. If there is no direct proof, it may be established by indirect proof, that is, by presumption drawn from

Sources

§ 19­7­21.1 ­"Acknowledgment of legitimation" and "legal ...

https://law.justia.com/codes/georgia/2010/title­19/chapter­7/article­
/ 2/19­7­21­1

Habibur Rahman chowdhury v Altaf Ali Chowdhary 18

One ...
https://www.coursehero.com/file/p1rq76rm/Mohammad­Khan­v­Ali­Khan­19­Madras­High­Court­observed­
/ that­the­doctrine­of

The Indian Law Reports: Containing Cases Determined by

the ...
The doctrine relates only to cases where either the fact of the marriage itself or the exact time of its occurrence with reference to the legitimacy
r of the ... The second text , which

https://books.google.com/books?id=CENSAQAAIA
J
A

What is 'Acknowledgement of Paternity' under Muslim

Law?