A Study of Guardianship of Person and Property Under Muslim Law
15 Pages Posted: 8 Jun 2010 Last revised: 8 Aug 2011
Date Written: June 7, 2010
The source of law of guardianship and custody are certain verses in the Koran and a few ahadis. The Koran, the alladis and other authorities on Muslim law emphatically speak of the guardianship of the property of the minor; the guardianship of the person is a mere inference. In my paper I would stress on powers of the guardian appointed by the court under guardianship of property of the minor. Secondly I would deal on whether writ jurisdiction of the High Court under Article 226 of the Constitution can be invoked for claiming the custody of the minor. My third contention stress on the right’s of the mother as the custody of the minor. Guardianship under Muslim law clash with some of the statutes under the Indian Law. Likewise the Indian Majority Act has some conflict with the Muslim personal law of guardianship. Another such example is of the Guardian and Wards Act. My paper would critically analyze all such provisions which are in conflict with each other.
Keywords: Jurisdiction, Custody, Powers
Suggested Citation: Suggested Citation