Q. What is meant by 'Acknowledgement' of paternity in Islamic law? what are valid conditions for such an acknowledgement. (2003)
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Q. Write a detailed note on parentage. (2006/S)
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.
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.
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.
Acknowledgement must be confirmed by the child so acknowledged if he is of adult age.
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.
(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.
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.
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.
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