CLAT Exam > CLAT Videos > Legal Reasoning for CLAT > Guardianship Under Muslim Law - Family Law
Guardianship Under Muslim Law - Family Law Video Lecture | Legal Reasoning for CLAT
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FAQs on Guardianship Under Muslim Law - Family Law Video Lecture - Legal Reasoning for CLAT
| 1. What is guardianship under Muslim Law? |  |
Ans. Guardianship under Muslim Law refers to the legal relationship where a person is appointed to protect and care for the rights and interests of someone who is unable to do so themselves, such as a minor or an incapacitated adult, according to the principles of Islamic law.
| 2. Who can be a guardian under Muslim Law? | |
Ans. According to Muslim Law, a person who is mentally sound, physically capable, and of good character can be appointed as a guardian. Generally, the father is considered the natural guardian of a minor child, while the mother's guardianship rights are limited. However, in certain circumstances, other family members or even non-relatives can also be appointed as guardians.
| 3. What are the rights and responsibilities of a guardian under Muslim Law? | |
Ans. The rights and responsibilities of a guardian under Muslim Law include protecting the welfare and interests of the person under their guardianship, making decisions on their behalf, managing their property, and ensuring their education, healthcare, and overall well-being. The guardian is expected to act in the best interests of the ward and exercise their authority responsibly.
| 4. Can a guardian be removed or replaced under Muslim Law? | |
Ans. Yes, a guardian can be removed or replaced under Muslim Law if they are found to be unfit or no longer able to fulfill their duties. The court has the authority to remove a guardian and appoint a new one if it is deemed necessary for the welfare of the ward. Factors such as misconduct, negligence, or any other situation that may harm the ward's interests can lead to the removal or replacement of a guardian.
| 5. How is guardianship under Muslim Law different from guardianship under other legal systems? | |
Ans. Guardianship under Muslim Law differs from guardianship under other legal systems in several ways. For example, Muslim Law prioritizes the father as the natural guardian of a minor child, whereas in other legal systems, both parents may have equal rights and responsibilities. Additionally, Muslim Law places emphasis on the religious and moral upbringing of the ward, which may not be a primary consideration in other legal systems. The specific rights, duties, and procedures related to guardianship may also vary between different legal systems.
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Nov 22, 2024 Last updated |
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