Accordingly a delhi court has given an important decision regarding the adoption of a child in a Muslim family and his rights on property. Dismissing a partition suit, the court said that any person belonging to the Muslim community can adopt a child without making a declaration under the Shariat Act and that child will have full rights over the property. Additional district Judge (ADJ) praveen Singh said during the judgment, "Any such adoption would be valid by common law and not by Muslim personal law or Shariat law. According to the report of english newspaper 'TOI', the court it was said from the side – The said child will become the legitimate child of the adoptive parents.
Meanwhile actually, the district court was hearing the partition case filed by Iqbal Ahmed, brother of the deceased Muslim man (Zameer Ahmed). Zameer had adopted a son but Iqbal said that according to Shariat law his brother did not have a son. In such a situation, his blood related family should have the right over the property. He had demanded to settle the case as per Muslim personal law but the court rejected Iqbal Ahmed's demand and settled the case.
Moreover Zameer ahmed and wife Gulzaro Begum had adopted a son named Abdul Samad alias sameer without making any declaration under Muslim personal law. ADJ praveen Singh explained that under the prevailing law of the country, irrespective of Shariat, a Muslim who has not filed a declaration under Section 3 of the Shariat Act can adopt a child. Justice Singh said in the february 3 judgment, “Even though Zameer ahmed died on July 3, 2008, his adopted child is the legal heir to the property. The widow and the child will have the same rights as a son and a wife have in the husband's property in India. No personal law will apply on this.
