Muslim law vs s. 112 of Evidence Act.

Author Topic: Muslim law vs s. 112 of Evidence Act.  (Read 1492 times)

Offline Farhana Helal Mehtab

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Muslim law vs s. 112 of Evidence Act.
« on: April 03, 2014, 05:36:28 PM »
Recently I've gone through an Article regarding Section 112 0f Evidence Act. Here I'm posting the write up. Evidence Law teacher may have the better idea or logic on this issue.

Muslim law vs s. 112 of Evidence Act.

Section 112 of Evidence Act 1872

S.112 . The fact that any person was born during the continuance of a validmarriage between his mother and any man, or within two hundred and eighty
days after it’s dissolution, the mother remaining unmarried, shall be
conclusiveproof that he is the legitimate son of that man, unless it can be shown that theparties to the marriage had no access to each other at any time when he couldhave been begotten.

 The section is based on the principle that when a particular relationship, such asmarriage is shown to exist, then its continuance must prima facie be presumed.Under this section the fact that any person was born

 a) During the continuance of a valid marriage between his mother and any man,or

b) Within two hundred and eighty days after its dissolution, the motherremained unmarried.

Muslim law of legitimacy

 According to mohammedan law a child born six months after marriage withintwo years after divorce or the death of the husband is presumed to be hislegitimate offspring. A child born more than two hundred and eighty days after
the dissolution of his mother’s marriage with her first husband but less than six
months after her marriage with her second husband was held entitled to inheritas the legitimate son of the second husband.
1.
 A child born within six months of the marriage is illegitimate unless the fatheracknowledges it.
2.
 A child born after six months of the marriage is legitimate unless the fatherdisclaims it by accusing his wife for adultery.
3.
 A child born after the dissolution of the marriage is legitimate if born:(i) Within 10 months of the dissolution (Shia law);
(ii) Within 2 years of the dissolution (Hanafi law);
 (iii) Within 4 years of the dissolution (Shafie & Maliki law).

Now the Question is:

Whether section 112 of the Evidence Act 1872 violates the provision of muslimlaw of legitimacy or not?

please see the answer in the following link
http://www.academia.edu/4063897/Muslim_law_vs_s._112_of_Evidence_Act

 
« Last Edit: April 03, 2014, 05:44:17 PM by Farhana Helal Mehtab »

Offline mahakash713

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Re: Muslim law vs s. 112 of Evidence Act.
« Reply #1 on: April 04, 2014, 12:23:02 PM »
Thank you very much for the opinion on that fact. I too agree with you on this , We must include some system by which we can be more ensure by the paternity or legitimacy like DNA test etc. To ensure proper justice perfect evidence collecting is important.  :)