The Aryavarth Express
Agency(New Delhi): The Delhi Court, in a significant ruling, has stated that individuals from the Muslim community can adopt children without the need for a declaration under the Shariat Act. This decision was made while dismissing a partition suit involving the estate of a deceased Muslim man, Zamir Ahmed.
The court, presided over by Additional Sessions Judge Parveen Singh, clarified that such adoptions will be governed by the general law of the land rather than Muslim Personal Law. Consequently, the adopted child will be considered the legitimate child of the adoptive parents, with all associated rights, privileges, and responsibilities.
The case in question involved Zamir Ahmed, who, along with his wife Gulzaro Begam, had adopted a son named Abdul Samad alias Sameer without making any declaration under Muslim Personal Law. The court found that since Zamir Ahmed had not filed any declaration under section 3 of the Shariat Act, his adoption of a child would be governed by the general law.
Judge Singh referenced previous Supreme Court judgments in his ruling, noting that a Muslim who has not filed a declaration under section 3 of the Shariat Act is not governed by Muslim Personal Law on matters of adoption, wills, and legacies. Instead, general laws apply to such individuals.
The partition suit was filed by Iqbal Ahmed, Zamir Ahmed’s brother, seeking inheritance as per Muslim Law. However, the court found that since Zamir Ahmed is survived by his widow and a son, the inheritance needs to be decided accordingly. The court established that the adopted son has the same status as a biological son for inheritance purposes, thus excluding the brothers and sisters of the deceased from the estate.
This ruling sets a precedent in the interpretation of adoption laws for Muslims in India, providing clarity and aligning the process with the general legal framework of the country. It emphasizes the legitimacy and rights of adopted children in Muslim families, irrespective of the traditional constraints of personal law.