Faculty of Humanities and Social Science > Law

law of evidence

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AbdurRahim:
A child is born after 1 month of marriage.

 

Answer:

Principle: Legitimacy of child .

Fact: A child is born after 1 month of marriage.

Legal issue: Whether the child was legitimate or not?

Decision: As per Statutory law the child is legitimate but according to Shariah law the child is illegitimate.

Reasoning: According to statutory law if any child is born after a valid and effective marriage the child is known as a legitimate child. But according to Shariah Law if any child  is born within 180 days from marriage the child is known as a illegitimate child.

 

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