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Muslim Law On Custody and Guardianship: Submitted By: Radhika Prasad, B.A. L.L.B. (Hons.) Roll No. - 2139 2019-2024

The document is a research project submitted by Radhika Prasad to Miss. Nidhi Kumari at Chanakya National Law University, Patna in September 2020. The project examines Muslim laws regarding custody and guardianship in India and evaluates them against the standard of secularism. It outlines the aims, hypothesis, research questions, and methodology of the project. The tentative chapterization includes chapters on custody in Islam, provisions for guardianship, the test for secularism, relevant statutes and cases, and a conclusion.

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31 views

Muslim Law On Custody and Guardianship: Submitted By: Radhika Prasad, B.A. L.L.B. (Hons.) Roll No. - 2139 2019-2024

The document is a research project submitted by Radhika Prasad to Miss. Nidhi Kumari at Chanakya National Law University, Patna in September 2020. The project examines Muslim laws regarding custody and guardianship in India and evaluates them against the standard of secularism. It outlines the aims, hypothesis, research questions, and methodology of the project. The tentative chapterization includes chapters on custody in Islam, provisions for guardianship, the test for secularism, relevant statutes and cases, and a conclusion.

Uploaded by

Radhika Prasad
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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MUSLIM LAW ON CUSTODY AND GUARDIANSHIP

Submitted by:

Radhika Prasad, B.A. L.L.B.(Hons.)

Roll no. – 2139

2019-2024

Submitted to:

Miss. Nidhi Kumari

Faculty of Law

September, 2020

Chanakya National Law University, Patna


INTRODUCTION

‘India is a secular republic and article 14 of the Indian Constitution guarantees equality before the
law to everyone.’

‘Personal laws cannot be tested against the touchstone of the Constitution.’

These two seemingly contradictory statements aptly encompass the debate that has raged on the
need for a Uniform Civil Code-as enshrined in the Constitution in the Directive Principles of State
Policy. Without much ado, however, I shall come to the point. Muslim law has always faced severe
criticism for its retrogressive nature in many aspects-especially regarding personal laws. It is often
seen as going against the tents of secularism.

This project has two facets. The first is a description of the Muslim laws regarding custody and
guardianship. The second is the evaluation of these laws against the standard of secularism-hence
the opening statements of this introduction and the reference to the need for a Uniform Civil Code.

The rules regarding guardianship and custody are considerably different from those prescribed for
other religions-these are dealt with in the second and third chapters. For the most part, these are
not codified as Hindu law for the same is. The historical origins of Muslim law regarding some of the
aforementioned topics have been traced. Wherever these are statutorily governed, it has been duly
mentioned-under the Guardians and Wards Act, 1890 and the Juvenile Justice (Care and Protection
of Children) Act, 2000
Aims and Objectives

The aim of the researcher is to find out

Laws related to muslim law and guardianship

Test for secularism

Hypothesis

The researcher has formulated following hypothesis here, validity of which will be checked
in the course of project.

The researcher believes that muslim law is quite different from other laws and differs in
custody and Guardianship as well. Their are well defined statuettes for it as well. The
researcher also thinks that their is a specific test for secularism. The researcher also believes
that the laws are duly followed.

Research Questions

 What are the muslim laws for custody and guardianship?


 What is the correct test for secularism?
 Need for a uniform civil code?

Research Methodology

 Method of Research : The researcher has adopted only doctrinal method of research.
 Limitation : Due to limitation of time and resources the researcher has confined her
research work to the doctrinal method.
 Sources of data : Both primary and secondary sources.
 Method of writing : The method of writing followed in the course of this research
paper is primarily analytical.
 Mode of citation : The researcher has followed uniform mode of citation.
Tentative Chapterisation
1. Introduction
2. Custody in Islam
3. Provisions for Guardianship
4. Test for secularism
5. Statutes and cases
6. Conclusion

Bibliography

1.) A.M. Bhattacharjee Muslim Law and the Constitution (2nd edition, Calcutta, Eastern Law
House, 1994, Rep. 1995).
2.) Ahmad Aqil Text-Book of Muhammadan Law
3.) Asaf A.A. Fyzee Cases in the Muhammadan Law of India, Pakistan and Bangladesh (2nd
edition, Tahir Mahmood ed., New Delhi, O.U.P., 2005).
4.) Asaf A.A. Fyzee Outlines of Muhammadan Law (4th edition, Delhi, O.U.P., 1974).
5.) B.B. Mitra Guardians and Wards Act (14th edition, M.N. Das ed., Calcutta, Eastern Law
House, 1995, Rep. 2000).
6.) Charles Hamilton The Hedaya-Commentary on the Islamic Laws (2nd edition, New Delhi, Kitab
Bhavan, 1870, Rep. 1994).

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