Definition and Meaning
Under Muslim Law, the legitimacy of a child depends upon the validity of the marriage between the parents. A child is considered legitimate only if he or she is born during a valid (Sahih) marriage or within a reasonable period after its dissolution. According to Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, matters relating to legitimacy and succession are governed by the principles of Shariat. A child conceived or born out of void (Batil) or irregular (Fasid) marriage has no legal right to inherit from the father but may inherit from the mother. This concept ensures that lineage (nasab) and inheritance rights are based on lawful marriage ties.
Legal Conditions and Presumptions
Muslim law presumes legitimacy if a child is born at least six lunar months after marriage and within two lunar years after the dissolution of marriage, whether by death or divorce. This presumption can only be rebutted by strong evidence showing the impossibility of the husband being the father. Under Indian Evidence Act, 1872 (Section 112), a child born during a valid marriage is conclusively presumed to be legitimate unless non-access is clearly proven. Hence, legitimacy under Muslim law and Indian law both aim to protect the social status and inheritance rights of children born within lawful wedlock.
Legal Effects and Rights
A legitimate child under Muslim law is entitled to inherit property from both parents and enjoys all social and legal rights equivalent to other lawful heirs. However, a child of an irregular or void marriage cannot inherit from the father’s estate. Legitimacy also affects guardianship, maintenance, and custody rights. Indian courts have interpreted the law liberally to prevent injustice, emphasizing child welfare over parental fault. Therefore, legitimacy in Muslim law serves both as a matter of personal status and social protection, maintaining the sanctity of family lineage (nasab).
Real-Time Example
In Habibur Rahman v. Altaf Ali (AIR 1921 Cal 189), the court held that a child born within six months of marriage could not be presumed legitimate unless the husband acknowledged paternity. Conversely, if a child is born after six months of marriage, legitimacy is automatically presumed unless non-access is proven. This case reinforced the principle that the legitimacy of a Muslim child is closely tied to the validity and duration of the marital relationship between the parents.
Mnemonic to Remember
“LEGIT = Lawful Entry Gives Inheritance Title”
- L – Lawful marriage required
- E – Evidence Act (Section 112) supports presumption
- G – Guardian and inheritance rights flow from legitimacy
- I – Irregular marriage gives rights only from mother
- T – Time rule: 6 months after marriage, 2 years after dissolution
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