Is an acknowledgment of paternity in Muslim Law somewhat akin to adoption in Hindu Law? What are the conditions of a valid acknowledgment?

Question: Is an acknowledgement of paternity in Muslim Law somewhat akin to adoption in Hindu Law? What are the conditions of a valid acknowledgement? [Punj JS 2007]

Find the question and answer of Muslim Law only on Legal Bites. [Is an acknowledgement of paternity in Muslim Law somewhat akin to adoption in Hindu Law? What are the conditions of a valid acknowledgement?]

Answer

Muslim law does not recognize the institution of adoption which is recognized by other systems including Hindu Law. On the other hand, Muslim law recognizes the institution of 'Ikrar' or acknowledgement. Acknowledgement is not legitimation. In Muslim law, an acknowledgement of legitimacy is a declaration of legitimacy and not legitimation.

The Muslim law of acknowledgement of parentage with legitimating effect has no reference whatsoever to cases in which illegitimacy of a child is proved or established either by reason of a lawful union between the parents of a child being impossible or by reason of marriage necessary to render the child legitimate being disproved. The doctrine of acknowledgement applies only to cases of uncertainty as to legitimacy but the effect of acknowledgement always proceeds upon the assumption of a lawful marriage between the parents of an acknowledged child.

In Mohammad Khan v. Ali Khan, AIR 1981 Mad. 209, Madras High Court observed that the doctrine of acknowledgement could be invoked only where the factum of marriage or the exact time of the marriage could not be proved and not in cases where the lawful union between parents of a child was not possible or an adulterous connection and where the marriage necessary to render the child legitimate was disproved.

Hence a man expressly or impliedly acknowledges another as his lawful child, the paternity of the child will be established in the man, provided the following conditions are fulfilled:

(a) The acknowledgement must not be mere sonship but legitimate sonship.

(b) The age of parties must be such that it is possible that they may be father and son.

(c) The child so acknowledged must not be known to be a child of another.

(d) The child, if adult, must confirm acknowledgement.

(e) It is essential to show that a lawful marriage is possible between the acknowledged and child's mother and the child is not the fruit of adulterous intercourse.

(f) The acknowledgement must be with the distinct intention of conferring the status of legitimacy.

In Mohd. Allahdad Khan v. Mohd. Ismail, (I.L.R. 1887) 10 All. 289, father of Allahdad Khan died leaving behind two sons and three daughters. Eldest son Allahdad Khan filed suit against younger brothers and 3 sisters that he was the eldest son of the deceased and therefore entitled to 2/7 of the share in the estate. The defence was, that plaintiff was the only stepson of a father having been born of their mother before she married their father (deceased). Plaintiff contended that even if he failed to prove that he was the son of the deceased but he had been acknowledged as such by the deceased on several occasions and was therefore entitled to succeed as his son. He filed certain letters in which he had been referred to by the deceased as a son. Justice Mehmood held that acknowledgement under Muslim Law is a rule of substantive law and not a rule of evidence. It confers the status of sonship and the right to succeed. Such acknowledgement always proceeds on the assumption of a valid union between the parents of the acknowledged son.

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