Mother is natural guardian of illegitimate child, no matter who is the father.
This was explained in detail by Indian supreme court in the case of ‘Gohar Begam vs Suggi Alias Nazma Begam 1959. Facts of the case A muslim woman ‘gohar begum’…
Is the custom excluding the muslim daughter from inheritance valid?
The answer of this question was given by Jammu & Kashmir High Court in the case of Ghulam Hassan vs Mst. Saja on 25 May, 1983. The present case was…
The basic thought behind the concept of ‘Secularism’ which embedded in Indian constitution
We want peace between the individual and groups within nations. These are all vitally interdependent. If the spirit of the Sermon on the Mount, Buddha's philosophy of compassion, the Hindu…
Preferential right in Pre-emption
Meaning of Pre-emption The right of shufaa or pre-emption is a right which the owner of an immovable property possesses to acquire by purchase another immovable property which has been…
If parties belong to different sects, whose personal will be applicable?
On this question, the case of ‘Aziz bano v. Mohammad Ibrahim Hussain’ is considered an important authority. The judgment was delivered by ‘Justice Sulaiman and Justice Mukerji’ on behalf of…
Is Shia and Sunni marriage valid or voidable?
On this question, the case of ‘Aziz bano v. Mohammad Ibrahim Hussain’ is considered an important authority. The judgment was delivered by ‘Justice Sulaiman and Justice Mukerji’ as a judge…
Sharia-ul-Islam-the book which is considered the most authentic book on Shia law in Indian courts
As to the Sharay-ul-Islam Mr. Baillie in his Vol. II, page 26 has said that it is a-work of the highest authority. Mr. Shama Charan Sircar has called it a…
Can a mother give her second husband’s surname to her child?
The answer is given by supreme court in recent decision of Akella Lalitha vs Konda Hanumantha Rao, 2022. In the case, the dispute was between the mother and the parents…
The Procedure of Pre-emption with case example
The procedure to claim ‘right of pre-emption’ is of highly technical nature and full of formalities. There are some conditions required to be compiled to claim the rightful right. Therefore,…
Right of pre-emption or shufaa in brief
Meaning of Pre-emption The right of shufaa or pre-emption is a right which the owner of an immovable property possesses to acquire by purchase another immovable property which has been…