FAMILY LAW PROJECT

TOPIC: GUARDIANSHIP
UNDER MUSLIM LAW

SUBMITTED TO: MRS. MUMTAZ ZABEEN

SUBMITTEF BY: LAKSHAY GUPTA
CLASS: BA LLB{HONS} 4TH SEM
SECTION: B
ROLL NO:18226
 ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude towards

my family law teacher Mrs. MUMTAZ ZABEEN for helping
me with this project by guiding and supporting me. She allowed
me to work on this project. It helped me to do a lot of research.

I would also thank my parents and friends for the immense

support and help during this project which helped me in the
completion of the project within limited time frame. Without
their help, completing this project would have been very
difficult.

THANK YOU
 INTRODUCTION

Under Muslim law, guardianship is called HIZANAT. They are

sometimes taken to mean the same thing. But underneath
Muslim law, these two aspects of the guardianship are different
and are governed by the different laws.

The guardianship of a child means that overall oversight of the

kid throughout its minority. Father or his executor or in his
absence, the paternal grandfather, being the natural guardian, is
in charge of the minor’s person. On the opposite hand, ‘custody
of the child’ simply means a physical possession (custody) of
the child upon a certain age.

Although the mother is not the natural guardian of the child

under Muslim law, she has a right to the custody of the child,
until the child attains a specific age. But the father or the
paternal grandfather encompasses control over the minor
throughout the complete interval of the minority.
 KINDS OF
GUARDIANSHIP
Muslim law recognizes the following kind of guardianship:

1. A natural or legal guardian

2. Testamentary guardian

3. Guardian appointed by courts or statutory guardian

4. De-facto guardian

1.A NATURAL OR LEGAL

GUARDIAN-
Natural guardian is someone who has right to regulate and
supervise the activities of a minor. Father is recognized as the
natural guardian of his kid underneath all the schools of Muslim
law. The father’s right or act as guardian of a minor is an
independent right and is given to him underneath the substantive
law of Islam.
A natural guardian is also known as a legal guardian. But within
the absence of the father, the father’s executor might also act as
a legal guardian. The executor could be one who is appointed by
the father or grandfather to act as the guardian of his minor kid
on his behalf.

The natural guardian of a minor in order of priority are as

following-

• Father
• Executor of father
• Paternal grandfather
• The executor of paternal grandfather

2.TESTAMENTARY GUARDIAN
A testamentary guardian may be a one that is appointed as a
guardian of a minor beneath a will. Only father or, in his
absence, paternal grandfather has the right to appoint a
testamentary guardian. A non- Muslim and a feminine might
also be appointed as a testamentary guardian.
A mother can also be appointed as the testamentary guardian but
only in two cases –

• When she has been appointed as the general executrix

by the will of the children father.
• She can appoint an executor in respect of her own
property which will devolve after the death of her
children.

3.GUARDIAN APPOINTED BY
COURTS OR STATUTORY
GUARDIAN-
Under the Muslim Law, when the father of the child is not there
and there is an absence of legal documents the absence of a will
then the court shall have the authority to appoint the legal
guardian of the minor child.
When the guardians are appointed in the manner then are also
known as ‘Statutory Guardians’ since they are being appointed
by the virtue of the Guardianship and Wards Act,1890.
There are some limitations of guardian appointed by courts in
order to take care of the property of minor –

• Mortgage
• Transfer by sale
• Transfer by gift
• Exchange the property
The permission of court is needed in such circumstances.

4.DE-FACTO GUARDIAN-
De-Facto guardianship is a concept under which past acts results
in present status. A de- facto guardian is a self- appointed
guardian. A fugitive or isolated act of a person in regard to
minors’ property does not make him a de- facto guardian, nor
does staying with the minor some time.

The powers which are have De facto guardians are acts which
must be done in respect of minor under three classes – acts of
guardianship, acts arising out of the want of minor and acts
which are purely advantageous to the minor.
Case reference-
In Mohammad Amin Vs Vakil Ahmad, Supreme Court held that
de facto guardian have no authority to enter into a family
settlement in respect of minor’s bona fide

WITHDRAWL OR
REMOVAL OF GUARDIAN
BY THE COURT
The court has the authority to remove birth the de jure and de
facto guardian for the welfare of the minor in the following
cases-

• When there is an abuse of his trust.

• When they fail to perform the duties appointed
• When they are not capable of performing the
respective duties
• Neglecting the minor
• The inconsistency with any of the rules of the
Guardians and Wards Act, or any other command by
the court
• When they are guilty of committing an offence
involving the immoral characy of the guardians.
• When they are declared as insolvent.
 CONCLUSION

The concept of guardianship under Muslim law has great

essence of because it is personal law of people and with the
passage of time it has systematize by the legislature. So, the
above mentioned are different kinds of guardianship under
Muslim law. Guardianship has its own place because guardians
is making the child’s lifestyle better as they are harbinger of
social change and the budding citizen of tomorrow.
So it is important to take care and foster them well and also
provide them proper amenities for their overall development.