Muhammad Allahdad Khan v Muhammad Ismail (1888)

Muslim Law (Family Law II) · Parentage & Legitimacy

Facts.

A dispute over whether a man’s admission that a child was his son established the child’s legitimacy and right to inherit.

Issue.

What is the nature and effect of acknowledgement of paternity in Muslim law?

Held.

Justice Mahmood held that acknowledgement is a rule of evidence that presumes a lawful marriage and establishes legitimacy where marriage cannot otherwise be proved; it cannot legitimate a child of a proven illicit union.

Why it matters.

It is the leading authority on acknowledgement — the substitute Muslim law uses for adoption and legitimation.

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