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Under classical Muslim personal law, a child is known to be born of a woman’s union with a second man…

A Muslim woman’s second marriage while her first valid marriage subsists is void under classical Muslim personal law. Acknowledgment may establish legitimate descent where a…

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Under classical Muslim personal law, a child is known to be born of a woman’s union with a second man while her valid first marriage still subsists. How does the doctrine of acknowledgment classify that child in relation to the second man?

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Answer and explanation

Correct answer C

A Muslim woman’s second marriage while her first valid marriage subsists is void under classical Muslim personal law. Acknowledgment may establish legitimate descent where a lawful marriage was possible and legitimacy remains uncertain. It cannot legitimate a child known to have been born of the legally impossible union. The Privy Council distinguished those situations in Habibur Rahman Chowdhury v. Altaf Ali Chowdhury.

Option feedback

Option A

A subsisting first marriage prevented a valid second marriage in the stated circumstances.

Option B

Acknowledgment may establish legitimate descent where it is possible and uncertain. It cannot make known illegitimate descent legitimate.

Option C

The second union is void and the child’s descent from the second man is known. A later acknowledgment by him cannot establish legitimacy.

Option D

Acknowledgment by both persons cannot remove the legal impediment or change the known facts.

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