The term illegitimacy is derived from the Latin term ‘illegitimus’ which means not in accordance with law . An illegitimate child is one which is born outside of sanction of marriage. Although, illegitimacy is a universal phenomenon the societies enforce strict rules pertaining to regulation of coition between different sexes and procreation of children. Although, the laws pertaining to marriage are different in various societies but the disapproval of illegitimate children is almost unanimous. The form and degree of disapproval in various societies differ as per the time and the sociological conditions. Illegitimacy in the olden days subjected the child to a greater stigma than what is inflicted today. In medieval England, punishment for unchastity
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Maternity is commonly recognized by law as the legal natural relationship between the mother and the child. The woman who gives birth to the child is the mother. Sunni law (like other legal systems) recognizes this status, irrespective of the fact whether she is married or unmarried, and even if thechild is the outcome of fornication. So, the child can inherit from the mother. But, under Shi’a Law mere birth is not enough to establish the maternity. A child born of adultery , incest or fornication is an illegitimate child and is devoid of maternity in the woman who gives birth to it; so he cannot inherit from her. Thus, there is a legal status to maternity and is a legal relationship …show more content…
All the essentials of the marriage must be complied with. These are the consent of the parties, the consent of the parties representatives especially the father or his representatives, payment of dower and the ceremony must be testified by to witness. A virgin’s silence signifies her assent. A woman who has lost her virginity must give her assent in words. Under Islamic Law, a virgin may be given in marriage only by her father or his representative but the divorced woman give herself without the consent of the guardian if she is satisfied. Although, the Hanafi School gives freedom to the virgin woman to marry as per her choice if she has reached the age of puberty but the consent of the guardian still remains an important condition
Maternity is commonly recognized by law as the legal natural relationship between the mother and the child. The woman who gives birth to the child is the mother. Sunni law (like other legal systems) recognizes this status, irrespective of the fact whether she is married or unmarried, and even if thechild is the outcome of fornication. So, the child can inherit from the mother. But, under Shi’a Law mere birth is not enough to establish the maternity. A child born of adultery , incest or fornication is an illegitimate child and is devoid of maternity in the woman who gives birth to it; so he cannot inherit from her. Thus, there is a legal status to maternity and is a legal relationship …show more content…
All the essentials of the marriage must be complied with. These are the consent of the parties, the consent of the parties representatives especially the father or his representatives, payment of dower and the ceremony must be testified by to witness. A virgin’s silence signifies her assent. A woman who has lost her virginity must give her assent in words. Under Islamic Law, a virgin may be given in marriage only by her father or his representative but the divorced woman give herself without the consent of the guardian if she is satisfied. Although, the Hanafi School gives freedom to the virgin woman to marry as per her choice if she has reached the age of puberty but the consent of the guardian still remains an important condition