Rights and Status of Illegitimate Child, with Reference to Islam and Pakistan
Content
Title Page
Abstract……………………………………………………………..1
Chapter one: Introduction………………………………………....2
Chapter two: Position of Illegitimate child in different views…...3
Chapter three: Defense for the Rights of Illegitimate Child…….5
Chapter four: Conclusion……………………………………….…7
Methodology……………………………………………………..….8
Bibliogrophy…………………………………………………...……9
Abstract
According to section 338 and 338 B of Pakistan’s penal code, induced abortion (Isqat-Hamal and Isqat-e-Jnain) is strongly prohibited by the law, except in the case where mother’s life is in danger [1].
So, with the implications of the law there is a condition to give birth to every child, either it is the result of rape or fornication, adultery.
After the birth of the child, he/she must be recognizing as bastard. An illegitimate child, who have no right to inherit from his putative father according to Hanfi law and has no right to inherit from his mother also, in Shia law [2].
But, this is not the only matter about the right of inheritance, there are several matters related to his status in society. Like, to whom he or she consider as their child if the mother is married, who is responsible for his/her maintenance and nourishment, to whom he/she may consider as “Mehram” or “Na-Mehram” and could he get the religious and social status as the imam and judge among the Muslims?
Through this research, I will examine the Islamic stance on the matter of illegitimate child in the perceptive of different school of thoughts. And also analyze it with comparing the other standing positions, which support equal rights of all children, whether they born in the wedlock or out of the wedlock. And they strongly believe that the natural parents should take the responsibility of their children.
I also highlight those affects which are closely connected with the existing law about illegitimate child in Pakistan and compare it with
Title Page
Abstract……………………………………………………………..1
Chapter one: Introduction………………………………………....2
Chapter two: Position of Illegitimate child in different views…...3
Chapter three: Defense for the Rights of Illegitimate Child…….5
Chapter four: Conclusion……………………………………….…7
Methodology……………………………………………………..….8
Bibliogrophy…………………………………………………...……9
Abstract
According to section 338 and 338 B of Pakistan’s penal code, induced abortion (Isqat-Hamal and Isqat-e-Jnain) is strongly prohibited by the law, except in the case where mother’s life is in danger [1].
So, with the implications of the law there is a condition to give birth to every child, either it is the result of rape or fornication, adultery.
After the birth of the child, he/she must be recognizing as bastard. An illegitimate child, who have no right to inherit from his putative father according to Hanfi law and has no right to inherit from his mother also, in Shia law [2].
But, this is not the only matter about the right of inheritance, there are several matters related to his status in society. Like, to whom he or she consider as their child if the mother is married, who is responsible for his/her maintenance and nourishment, to whom he/she may consider as “Mehram” or “Na-Mehram” and could he get the religious and social status as the imam and judge among the Muslims?
Through this research, I will examine the Islamic stance on the matter of illegitimate child in the perceptive of different school of thoughts. And also analyze it with comparing the other standing positions, which support equal rights of all children, whether they born in the wedlock or out of the wedlock. And they strongly believe that the natural parents should take the responsibility of their children.
I also highlight those affects which are closely connected with the existing law about illegitimate child in Pakistan and compare it with
Bibliography: 12. M. AL-Minawi, Kawther. Women’s rights in Islam, Ammar Press,Riyadh. 1993 13 ----------------------- 1Pakistan Penal Code (Act XLV of 1860) , Section 338&338B.