Filiation and adoption among muslims in india: the quagmires of a religious minority law

No. Panggil :	eja-21-0632
Nama Orang :	Dequen, Jean-philippe






Penerbitan :	[Place of publication not identified] : Cambridge - Crime, 2019

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Abstrak	Filiation among Muslims in India is governed by Muslim personal law, a largely uncodified corpus of key Islamic legal treatises that has subsequently been interpreted and applied through the Common Law frame of British colonial courts and the post-Independence Indian judicial system by virtue of the Muslim Personal Law (Shariat) Application Act 1937. Muslim personal law recognizes only legitimate filiation resulting from a valid or irregular marriage, barring illegitimate children from maintenance and intestate succession and prohibiting adoption. However, a number of legislative enactments have modified key aspects of the law of filiation among Muslims: shifting the presumption of legitimacy arising from a valid marriage to the time of the wedding, rather than the time of conception; inval idating the doctrine of dormant fetus; and lifting certain disabilities incurred from illegiti macy. Further, although adoption based on customary law is somewhat common in India and has been recognized by courts, its effect among Muslims has tended only to lift the bar to paternal succession and seldom creates filiation with the adoptive family. Notwithstanding, following the enactment of the Juvenile Justice (Care and Protection of Children) Act 2000 and its subsequent amendments, an optional secular legal framework for adoption is now available to Muslim prospective parents. The procedure set forth by the Act is nonetheless unwieldly and implementation faces the very practical dificulties of the state in managing and protecting the vast number of destitute and abandoned children in India, for the most part with an unknown filiation.
Entri Tambahan Nama Orang
001 Hak Akses (open/membership)	membership
Kata Kunci	Muslim personal law, Evidence Act, adoption, Juvenile Justice (Care and Protection of Children) Act, customary law, fāsid marriage, Constitution of India, legal pluralism
ISSN
Tahun Terbit	2019
No. Induk	eja-21-0632
Entri Sumber Data	Cambridge - Crime
Entri Utama Nama orang	Dequen, Jean-philippe
Volume, Nomor, Tahun dan Hlm.	vol. 34, no. 3, p. 336-355
Entri Utama Nama Badan
Barcode	eja-21-0632
Subjek Topik
Judul Utama	Filiation and adoption among muslims in india: the quagmires of a religious minority law
Kode Bahasa	eng
Sumber Koleksi	Perpustakaan Nasional