KOCHI: The Kerala High Court has held that a Muslim mother cannot be the guardian of her minor child’s property.
The court also declared that a deed executed by a Muslim mother on behalf of her minor children acting as their guardian is not valid as it’s against the law laid down by the Supreme Court.
The Supreme Court on several occasions had held that a Muslim mother cannot be the guardian of her minor child’s person or property except for movable property.
The High Court said that it is still bound by it and has no power to overrule it.
The court issued the order on a petition filed by C Abdul Aziz and others challenging the order of Additional Sub Court, Kozhikode, pertaining to a partition deed in which a Muslim mother acted as a legal guardian of her son’s property.
Referring to the ‘Hadiths’, the appellants argued that a woman has, in fact, been recognised the guardian of her husband’s house as well as his wards.
These Hadiths have never been considered in any of the judgments which have held that the mother cannot be the guardian of her minor child.
The amicus curiae appointed by the court in the case pointed out that there was nothing in the Qur’an or the Hadith prohibiting or barring women from being considered guardians of their minor offsprings.
However, decisions of the Supreme Court are inconsistent with Islamic law, as the courts have never taken into account any of the fundamental sources of Islamic law which have not prevented a Muslim mother from being considered the natural guardian of her minor offspring and empowered to deal with their immovable properties.