Illegitimate Child Case Study

UNDER MUSLIM LAW

Right to property of illegitimate child

In Muslim law, the illegitimate child has no right to inherit property from the father in the classical law, as well as in some of the modern Islamic jurisdictions. In no school of Muslim law, an illegitimate child has any right of inheritance in the ownership of his putative father. Under the Hanafi law, the mother and her illegitimate children have mutual rights to inherit property.

Under the Shia law, the illegitimate child does not inherit even from the mother. In Shia law, illegitimacy acts as the factor for complete exclusion, and the illegitimate child is not allowed to inherit from either of the parents.

Right to maintenance of illegitimate child

Tyabgi says ‘Mohammadan law appears to impose no burden upon the natural father of the child’ . Muslim laws, it seems, does not confer any kind obligation of maintenance of

But there are certain rights which are given to illegitimate child for example, right to inheritance, right to maintenance. These laws are in general for an illegitimate child but there is no specific or defined law or legislation which is passed by the law maker in context to single mother or rights of child born out of Rape under Indian law or any other personal law. In addition to this it is important to understand and to know law prevailing outside India with respect to the current issue. As from the above study we can inferred handful of things on which there are no laws for pregnancy out of Rape or laws of single mother and her parental responsibility. This sometimes leads to agony and hardship for the victim of Rape as there is no proper law for her protection except few procedural judgments. The Indian criminal justice system should work on this and pass few amendments for the betterment of the victim and for the welfare of the unborn