The Supreme Court while overruling the decision of Bombay high court has recently said that an unwed mother can be the sole legal guardian of her child. The court observed that she does not require to provide the name of the biological father nor does she need his consent for being the sole legal guardian. The court observed that the man who has no role in the upbringing of the child need not be identified. Further, it observed that the interest of the child should be paramount. The court overruled the decision of the high court that said that the mother should specify how she conceived or if she was raped. The court came face to face with questions where an unwed mother claimed that the biological father has no idea about the very existence of the child and of another girl who wanted her step father's name in her passport instead of her biological father. The court observed that there is no need to provide the name of the biological father in the passport. The order of the Apex Court is the need of the hour where single mothers are harassed and is a right step towards gender equality. If the biological father has no presence in a child's life, there is no need to have his name present in the child's life. A mother who has reared her child all by herself can and should be the sole legal guardian of her child.
Saturday 28 May 2016
Sunday 1 May 2016
Sources of muslim law
The sources of Muslim law are divided into two categories: primary sources and secondary sources. The primary sources include the Quran and the ahadees or sunnah. The secondary sources are ijma, qisas, customs, legislation and precedent.
(1) Quran- the Quran is the most important source of law and has priority over all other sources of law.
(2) Sunnah- the ahadees or the sunnah or the traditions of the Holy Prophet supplement the Quran in laying down various legal provisions. The hadees considered authentic by the Sunni school are greater in number as compared to the Shia school which rejects hadees not transmitted by reliable narrators.
The Quran and the sunnah, together form the primary sources of law. The secondary sources are used only when the primary sources are silent on any topic. These are as follows:
(1) Ijma- ijma or the consensus of the jurists is the third important source of law. Where a topic is not covered by the Quran and hadees, then the consensus of jurists is taken into account.
(2) Qisas- qisas refers to analogical deductions. In the absence of any clear mention in the Quran and sunnah, deductions on legal issues can be made by analogy. This source of law is not acknowledged by the Shia school.
The Maliki school of law also accepts public good as a source of law. This is rejected by the Shafi school. The Shafi school includes textual indications or seeking guidance from the source as a source of law. These are tertiary sources of law and not followed by the Shia school
(3) Urf or Customs- urf means to know, so long standing customary practices also make a secondary source of law. For custom to be given the status of law, it should be antique, continuously observed, not opposed to public policy or law, moral, generally known to the section of the people involved.
(4) Legislation- laws formulated by a competent legislative body including secular laws that govern the residents and citizens of a country. This is a modern source of law.
(5) Precedent- the binding decisions of a superior court are also a modern source of law for issues arising out of similar cases.
(1) Quran- the Quran is the most important source of law and has priority over all other sources of law.
(2) Sunnah- the ahadees or the sunnah or the traditions of the Holy Prophet supplement the Quran in laying down various legal provisions. The hadees considered authentic by the Sunni school are greater in number as compared to the Shia school which rejects hadees not transmitted by reliable narrators.
The Quran and the sunnah, together form the primary sources of law. The secondary sources are used only when the primary sources are silent on any topic. These are as follows:
(1) Ijma- ijma or the consensus of the jurists is the third important source of law. Where a topic is not covered by the Quran and hadees, then the consensus of jurists is taken into account.
(2) Qisas- qisas refers to analogical deductions. In the absence of any clear mention in the Quran and sunnah, deductions on legal issues can be made by analogy. This source of law is not acknowledged by the Shia school.
The Maliki school of law also accepts public good as a source of law. This is rejected by the Shafi school. The Shafi school includes textual indications or seeking guidance from the source as a source of law. These are tertiary sources of law and not followed by the Shia school
(3) Urf or Customs- urf means to know, so long standing customary practices also make a secondary source of law. For custom to be given the status of law, it should be antique, continuously observed, not opposed to public policy or law, moral, generally known to the section of the people involved.
(4) Legislation- laws formulated by a competent legislative body including secular laws that govern the residents and citizens of a country. This is a modern source of law.
(5) Precedent- the binding decisions of a superior court are also a modern source of law for issues arising out of similar cases.
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