1. Facts of the Case
A, a Muslim woman, and B, a Muslim man, were not married under Islamic law. However, during their relationship, A conceived a child from B outside of marriage. Upon the birth of the child, B acknowledged the child publicly as his own, declaring paternity. The question arises whether such acknowledgment is sufficient to confer legitimacy on the child under Muslim law, despite the absence of a valid marriage (Nikah) between A and B. This issue involves the interpretation of the doctrine of acknowledgment of paternity (Iqrar-ul-walad) under Muslim law and its application in cases of illegitimacy and inheritance rights.
2. Issues in the Case
- Whether the child born out of illicit sexual relations (zina) between A and B, who were not married, can be deemed legitimate under Muslim law merely by acknowledgment of B.
- Whether the acknowledgment of paternity (Iqrar) can override the absence of a valid marriage between the parents.
- What are the legal consequences of legitimacy or illegitimacy on the rights of the child in terms of inheritance, maintenance, and status under Muslim personal law and Indian law.
- Whether any statutory provisions or precedents in Indian law recognize such acknowledgment as sufficient proof of legitimacy.
3. Legal Principles Covered to Support Case Proceeding and Judgements
Under Muslim Law, legitimacy of a child depends primarily on the existence of a valid (Sahih) or irregular (Fasid) marriage between the parents at the time of conception or birth. According to Hedaya and Mulla’s Principles of Mohammedan Law, Section 344, a child is legitimate if conceived during a valid marriage or within two lunar years after its dissolution.
If there is no marriage, the child is illegitimate (walad-uz-zina) and cannot acquire the status of legitimacy merely by acknowledgment. The doctrine of acknowledgment (Iqrar-ul-walad) is applicable only when the legitimacy is possible but uncertain, not when it is impossible—as in cases of proven illicit intercourse.
The Supreme Court in Habibur Rahman v. Altaf Ali (1921) and Mohd. Allahdad Khan v. Mohammad Ismail Khan (1888) clarified that acknowledgment cannot legitimize a child born of fornication or adultery. Moreover, under Indian Evidence Act, Section 112, presumption of legitimacy arises only when a valid marriage exists between the parties. In this case, no such marriage occurred, making acknowledgment legally ineffective.
4. Possible Judgement
The court would likely hold that the child is illegitimate, as there was no valid or irregular marriage between A and B. The mere acknowledgment by the father (B) does not confer legitimacy where the relationship is based on fornication (zina). Under Muslim law, legitimacy is recognized only when the child is conceived in lawful wedlock.
However, the court may note that while the child has no inheritance rights from the father under Muslim law, the biological father may still have a moral duty to provide maintenance under Section 125 of the Criminal Procedure Code (CrPC), which applies irrespective of personal law to prevent destitution.
Therefore, although the acknowledgment shows B’s acceptance of paternity, it does not make the child legitimate in the eyes of law.
Mnemonic to Remember Answer: “LAW-LEGIT”
- L – Legitimate only if valid marriage exists
- A – Acknowledgment cannot cure illegitimacy
- W – Walad-uz-zina (child of illicit union) = illegitimate
- L – Lawful wedlock essential for legitimacy
- E – Evidence Act (Sec. 112) applies only in valid marriages
- G – Genuine acknowledgment valid only if legitimacy possible
- I – Irregular marriage can sometimes make child legitimate
- T – True paternity cannot override absence of nikah
Hence, under Muslim Law, acknowledgment cannot legitimize a child born out of an unlawful relationship.
About lawgnan:
Understand the doctrine of Acknowledgment of Paternity (Iqrar-ul-Walad) and its limits under Muslim Law with expert legal insights on Lawgnan.in. Learn how legitimacy depends on lawful marriage and why acknowledgment cannot validate a child born from illicit relations. Discover landmark rulings like Habibur Rahman v. Altaf Ali and Mohd. Allahdad Khan v. Mohammad Ismail Khan, which shaped the legal position on paternity, legitimacy, and inheritance. Lawgnan provides simplified, exam-focused explanations of complex Islamic law principles to help law students and professionals build clarity, accuracy, and confidence in family law studies.
