Saturday, 29 January 2022

Guardianship under muslim law

 Guardianship under Muslim Law


Introduction


The general control of a minor's temperament is referred to as guardianship. It refers to the child's care and well-being, as well as the responsibility to care for it. It's more than just having custody of the child when he or she reaches a certain age. 


Minor?


A minor is defined as a person residing in the Republic of India who is under the age of eighteen years old, according to Section three of the Indian Majority Act, 1875.

A minor is presumed incapable of safeguarding his or her own interests. Because the youngster is legally incompetent, the law demands that an adult person preserve the minor's person or property and act on his or her behalf.

A guardian is a person who is legally allowed to look after the person or property of a minor. Guardians are required by Muslim law for the purpose of a wedding, for the protection of the minor's person, and for the protection of the minor's possessions.


Guardianship?


It's known as HIZANAT in Muslim law. They're often misinterpreted to mean the same thing. However, under Islamic law, these two components of guardianship are distinct and are governed by separate laws.

A child's guardianship entails overall responsibility for the child throughout his or her childhood. In the absence of the father or his executor, the minor's natural guardian, the paternal grandpa, is in control of the minor's person. On the other hand, 'custody of the child' merely refers to the child's actual possession (custody) at a given age. Despite the fact that the mother is not the kid's natural guardian, she has a claim to custody of the child until the child reaches a certain age under Muslim law. The father or paternal grandpa, on the other hand, has entire power over the minor for the duration of the minority.


Muslim law recognizes the following kind of guardianship:


  • A natural or legal guardian

  • Testamentary guardian

  • Guardian appointed by courts or statutory guardian

  • De-facto guardian



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