11Oct 2018 by admin

Father's Right of Custody (Hizanat) of a Child under Muslim Law

Marriage
Father is entitled to the custody at the following two stages of the child’s minority:(a) In respect of a minor boy under the age of seven years, and a girl under puberty, the father is entitled to the custody of the child only in the absence (or disqualification) of mother and other female relations of the child.(b) In respect of a boy over the age of seven years and an unmarried girl over the age of puberty (fifteen years) the father is entitled to the custody of the child as a natural guardian till the child becomes adult, i.e. attains the age of eighteen years. Image Source: css.sterlinglawoffic.netdna-cdn.com ADVERTISEMENTS: The minority of a child for purposes of its custody by father is divided in two stages. The first stage of…
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11Oct 2018 by admin

Mother's Right of Custody (Hizanat) of the Child under Muslim Law

Marriage
Under all the schools of Muslim law, the general rule is that mother is entitled to the custody (Hizanat) or the physical possession of her child up to a certain age. This rule is based on the presumption that on account of her peculiar relationship with the child, she is obviously the best person to give that natural love and affection which a child requires during its infancy including its dependence for feeding. Nature itself has given to the mother the custody of her child’s embryo even before it comes in the worldly existence. Image Source: divorcepeers.com ADVERTISEMENTS: Where the child is a son, the mother is entitled to his custody till he attains the age of seven years. Where the child is a daughter the mother’s right to the…
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11Oct 2018 by admin

What is the Role of a Hospital Consultant when Planning a New Hospital?

Relationships
Of utmost importance in planning a new hospital or addition of new facilities in an existing hospital, is the utilisation of a competent hospital administrator-consultant. image source: wwwdotcokergroupreportdotcom.files.wordpress.comIn Europe and USA, a class of professionals called the “hospital consultant” has emerged separate from the professional hospital adminis­trator. ADVERTISEMENTS: It is a matter of debate whether such strict comport- metallization is useful, or even necessary.A professional trained as a hospital administrator with adequate experience can profitably combine the job of hospital consultant and administrator. Such a professional is referred to here as a “hospital consultant”.An experienced hospital consultant would have had opportunities to study the operation of many hospitals and similar institutions, to work in different kinds of situations and to compare ideas and developments with others in the medical care…
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11Oct 2018 by admin

Difference between “Mistake of Fact” and “Mistake of Law” – Indian Criminal Laws

Marriage
Mistake of Fact:Section 76 applies to mistake of fact and not to mistake of law. This section and Section 79 are a paraphrase of the English Common Law maxim in its application to criminal law, Ignorantia facit excusat : ignorantia juris non excusat. (Ignorance of fact excuses, ignorance of law does not excuse). Image Source: i.ytimg.com ADVERTISEMENTS: The distinction between these two sections is that in the former a person is assumed to be bound, and in the latter to be justified by law; under both these sections there must be a bona fide intention to advance the law, manifested by the circumstances attending the act which is the subject of charge.Under Sections 76 and 79 mistakes must be one of fact and not of law. Mistake has a recognised…
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11Oct 2018 by admin

Essay on Law, Ethics and Natural Justice

Marriage
When we judge human action as right or wrong we apply certain principles. There is an inborn sense of right and wrong in human nature. Who taught us to respect truth, and to despise deceit? ‘Right’ and ‘wrong’ are essentially a social phenomenon. Image Source: 2.bp.blogspot.comThey are born of social contract. There are two branches of human learning which are devoted to the study of right and wrong, law and ethics of the science or morals. These two branches are closely connected. They are different aspects of the same problem. ADVERTISEMENTS: Both law and morals regulate human conduct in allied but essentially distinct ways. Laws tell us that this is a right act and that is a wrong act, that a man shall do this and shall not do that.…
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11Oct 2018 by admin

Ingredients of Section 34 of IPC – Acts done by Several Persons in Furtherance of Common Intention

Family Members
When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone. Image Source; crimlawguide.com.auIngredients of Section 34: ADVERTISEMENTS: For the applicability of Section 34 following elements are necessary:(i) Criminal act;(ii) Done by several persons;(iii) In furtherance of common intention of all. ADVERTISEMENTS: In Surendra Chauhan v. State of M.P.,it was held that to apply this section, apart from the fact that there should be two or more accused, two facts must be established: (1) Common Intention (2) participation of the accused in the commission of an offence.(i) Criminal Act:The section speaks of a “criminal act” being done by several persons. If the act…
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10Oct 2018 by admin

What are the Kinds of Guardians as Recognized by Muslim Law?

Marriage
Muslim law recognises following kinds of guardians:(1) Natural or legal guardian,(2) Testamentary guardian, ADVERTISEMENTS: (3) Guardian appointed by Court or statutory guardian, and(4) Defacto guardian. Image Source: 3bek8b2kien92hgjfb3ohv7e.wpengine.netdna-cdn.com 1. Natural Guardians: Natural guardian is a person who has a legal right to control and supervise the activities of a child. Father is recognised as the natural guardian of his child under all the schools of Muslim law. The father’s right to act as guardian of the minor is an independent right, and is given to him under the substantive law of Islam. Natural guardian is also called Dejure or the legal guardian. ADVERTISEMENTS: As stated above, only father is the natural or legal guardian of his child. But in the absence of father, the father’s executor may also act as…
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10Oct 2018 by admin

Section 366A of Indian Penal Code, 1860 – Explained!

Marriage
Legal Provisions of Section 366A of Indian Penal Code, 1860.Procuration of minor girl:This section makes procuration of a minor girl a punishable offence. It states that whoever by any means whatsoever induces any minor girl under the age of eighteen years to go from any place or to do any act with the intention that such girl may be forced or seduced to illicit intercourse with another person or with the knowledge that it is likely that she will be forced or seduced to illicit intercourse with another person, shall be punishable with imprisonment extending up to ten years, and shall also be liable to fine. Image Source: thewiire.com ADVERTISEMENTS: The section is attracted when a minor girl under eighteen years of age is induced to go from any place…
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10Oct 2018 by admin

How Can a Muslim Wife obtain Divorce from her Husband?

Marriage
A Muslim wife has no independent right of divorce. She cannot divorce her husband whenever she likes, as her husband may do. Under Muslim law, divorce by wife is possible only in the following situations:(a) Where the husband delegates to the wife the right of Talaq (Talaq-e- Tafweez). ADVERTISEMENTS: (b) Where she is a party to divorce by mutual consent (Khula and Mubarat).(c) Where she wants to dissolve the marriage under the Dissolution of Muslim Marriage Act, 1939. Image Source: i.huffpost.comIn the first two cases the wife’s right of divorce depends upon the consent of her husband. In Talaq-e-Tafweez, unless the husband himself gives her the right to pronounce Talaq, she cannot divorce. In a divorce by mutual consent, she cannot get divorce unless the husband also gives his consent…
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10Oct 2018 by admin

Understanding the Subject-Matter of a Will under Muslim Law

Marriage
Any type of property, immovable or movable, corporeal or incorporeal, which is capable of being transferred, may form the subject-matter of a bequest. It is not necessary that the subject-matter of the will should be in existence when the will is made, it is sufficient, if it is in existence at the time of testator’s death. Image Source: 2.bp.blogspot.comThe bequest may consist of the corpus or of the usufruct. Under Muslim law, it is possible that a testator may give to one person and the usufruct to another. Thus, a right to occupy a house during a future period of time, or to take the rents, or future produce, or usufruct for a limited time, or for the life time of the legatee may validly constitute the subject-matter of a…
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