Browsing: Muslim personal law
Madras HC: Juvenile Justice Act Overrides Muslim Personal Law on Adoption, Says Adopted Child Equal to Biological Child
Madras High Court held that the Juvenile Justice (Care and Protection of Children) Act, 2015 prevails over Muslim personal law for adoptions, and that upon an…
SC: Muslim Widow Without Children Gets 1/4 Share of Husband’s Property under Mohammedan Law
The Supreme Court in Zoharbee & Anr v. Imam Khan (2025 INSC 1245) ruled that a Muslim widow without children is entitled to one-fourth of her deceased husband’s estate under Mohammedan law. The Court rejected her claim for a larger share, holding that property under an unexecuted “agreement to sell” remains part of the estate until a registered sale deed is executed. Referring to Qur’an 4:12 and Mulla’s Principles of Mahomedan Law, the bench explained inheritance priorities and cautioned that inaccurate translations of trial court judgments may mislead appellate courts and affect outcomes.
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