Who Is a Guardian of a Minor in Marriage under Muslim Law

In case of failure of the mother, custody of the boy under seven years of age and a girl who has not reached puberty (Hanafi school) goes to these parents in the following order: Mother`s mother ii. Father`s mother iii. Full Sister iv. Uterine Sister v. Sister in her own right Daughter vi. Nurse of the womb Girl vii. Maternal aunt viii. Paternal aunt • Breach of trust • Non-performance of duties • Incapacity for work • Ill-treatment of a minor • Negative interest in the property of a minor. These are some of the main reasons why the lifting of guardianship can take place. Guardianship in marriage – The age of life for each party is one of the necessities for Muslim marriages.

There is an associated exception once the marriage is managed by the guardian on behalf of the child. The imposition of marriage for minors is cited as jabr, wali is that the guardian is appointed for minors, and wilayat is the guardianship power. Accordingly, bulugh refers to a father`s ability to consent to a marriage on behalf of his minor children in Muslim law. The natural guardian of a minor`s property may sell the minor`s immovable property if the transaction is necessary for the maintenance of the property and the minor has no other property. In the case of movable property, the legal guardian of a minor`s property has the power to sell or pledge the minor`s products and property in exchange for the child`s basic needs, such as food, housing and clothing. The Indian Supreme Court ruled in Ghulam Husani Kutubuddin Maner v. Abdul Rashid Abdul Rajak Maner that a minor`s mother could not be chosen as guardian to receive a gift on his or her behalf as long as the minor`s father remained alive. [6] Legal guardians and court-appointed guardians are de jure guardians.

The mother, brother, uncle and all family members other than the father`s father and father are de facto guardians unless they are appointed executors by the will of the father or father of the father or appointed guardians by the court. According to Muslim law, the father has the power to marry his children of both sexes without their consent to the marriage, but this is before the Shariri stage. However, it should be noted that with regard to marital guardianship, no one may be appointed guardian by the court. It is the substantive law itself that determines who owns patria potestas for the purposes of marriage; The court cannot appoint Wali to the marriage, although in some cases the Quazi or the court itself may act as guardian of the marriage. Muslim law recognizes the following type of guardianship: guardianship of custody of the minor (hizanat) must be considered according to the age of the minor and his relationship with the guardian. The mother, brother, uncle, etc. do not have the right to be the legal guardian of the minor`s property. The term «guardianship» (wilayat) refers to the guardianship of a minor. A minor is a person who has not yet reached the age of majority by the World Health Organization. In Muslim law, majority and puberty are a unity and therefore the same unity. At the age of fifteen, someone reaches puberty. In any event, with the exception of marriage, dowry and divorce, the Muslim territorial unit is currently governed by the Indian Majority Act of 1875.

India`s Majority Act, which sets the age of majority at 18, can govern Muslims. Therefore, in cases involving wills, waqfs and other similar documents, the minority will end after the 18-year period. Until then, under the Guardians and Wards Act, the court has the power to appoint a guardian for his or her person, property or both, and the minor`s period of majority is extended until he or she reaches the age of 21. In all other cases, his minority remained until the end of 18 years. Until then, the court has the power to appoint a guardian for his person or property, or both, in accordance with the Guardians and Wards Act, in which case the age of the minor is extended until he reaches the age of 21. The person who has the right to be guardian of the property of a minor in the order indicated below is: Custody[3] simply means physical possession up to a certain age. According to Muslim law, the child`s mother is not the natural guardian, but can simultaneously have custody, while a father had control over minors throughout the minority period. Section 20 of the Guardians and Wards Act 1890 requires the guardian to handle the ward`s property with care and honesty.

Article 21 of the above-mentioned Act provides that minors who are not authorized to act as guardians of another minor may not act as guardians. The term «guardian» is defined in the Guardians and Wards Act 1890 as a person who has custody of the person of a minor or his property, or both his person and property. There is therefore no doubt that a person who has the legal right and duty to dispose of a boy or girl in marriage can be considered the owner of his or her personal car for this limited purpose. But there is no mention of the provision in marriage in any part of the act, and there is nothing to suggest that it was intended to interfere with the rules of Muslim law in assigning this function. Under the name of Jabr, it refers to those who are not necessarily entitled to the general care and custody (hizanant) of the person of the ward (Wilson). The Qur`an is the basis of Sunni and Shia schools. Articles 6, 19 and 21 of the Guardian and Wards Act stipulate that the courts shall not intervene in the question of guardianship of a minor in the following cases: If a guardian of the minor`s person, property or both, acts lawfully in accordance with a will in accordance with the law to which the minor is subject: was ordered. If a guardian does not perform his or her duties properly, the court may dismiss him. The term «guardian» is defined in the Guardian and Ward Act as «a person who has custody of a person of a minor or his property, or both of his person and his property»2. In the present situation of society, which is developing rapidly in all directions, education up to upper secondary education cannot be described as extravagant. To be excluded from maintenance.

Thus, in the following cases, the legal guardian is authorized to manage the minor`s property: In the case of Sunni law, marriage may be declared unacceptable by guardians other than the father and the real grandfather after reaching the age of majority, but in the case of Shia law, these types of marriage by guardians other than the father and grandfather are invalid.[5] Guardianship of the minor`s body – Measure the age of the minor and the relationship with the square guardian during this type of guardianship (Hizanat). If the guardian of the search disposes of the minor`s property contrary to the above provision, such alienation is voidable at the instigation of the minor or another affected person. Here are the reasons why a court will intervene in the guardianship of his children by the father: 1. If he is unfit in character and conduct. 2. if it is not adapted to external circumstances. 3. If he waives his right. 4.

If otherwise agreed. 5. If he is not judicially justified and intends to go abroad. If a guardian cannot be appointed, section 19 of the Act deals with the case. It provides that if a court accepts the administration of a minor`s property under a national law, (i) the court has no choice but to appoint a guardian of property under the Guardian and Wards Act. The Guardians and Wards Act 1890 concerned the appointment of a guardian in marriage. According to this law, the court is competent only for guardianship and guardianship of property. Similarly, a person appointed or declared by the court may act as guardian of the marriage. At the first signs of marital discord, the question of guardianship and custody arises and inevitably leads to bitter quarrels long after the marriage has ended. The father and mother feel a natural affection for the child and want custody. In such a situation, there are difficulties with regard to guardianship and custody of children – who should take care of them, the father or mother? If a minor wishes to challenge the legality and binding nature of the sale made by the de facto guardian, he is always free to avoid the nullity of the contract.

But if it is not challenged, third parties are not free to challenge the alienation. If a mother leads an immoral and dishonest life, she loses her right to Hizanat. Either she does not properly manage the child in her possession, or she stays away from the small brood with her father if she has custody. «The mother loses custody of minor descendants if she remarries another person who is not related to the child by virtue of prohibited degrees of kinship,» the court said in Rahima Khatoon v. Saburjanessa[3] In this case, the court gave the maternal grandmother a certificate of guardianship over the minor`s persons and property. According to Muslim law, there are 3 types of guardianship, and they are: Concept of donation or hiba according to Muslim law- Our legal world The position of the de facto guardian differs considerably from that of the legal guardian and the court-appointed guardian.

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