Case Title: Mohammed Salim(D) through ors. V. Shamsudeen(D) through ors.
In a significant ruling, the Supreme Court determined that a child born of a Muslim man and his Hindu wife is eligible to inherit a portion of his father's wealth.
Justices NV Ramana and Mohan M. Shantanagoudar's panel further noted that a Muslim man's union with an idolater or fire worshipper is only an irregular (fasid) union rather than being legitimate (sahih) or void (batil).
The Kerala High Court confirmed the trial court's conclusion that the plaintiff is the legal son of Mohammed Ilias and Valliamma (his Hindu wife) and is therefore entitled to his part in the property in accordance with the law when the appeal was being considered by the bench.
Senior Advocate Guru Krishnakumar, who represented the defendants and attacked these rulings, said that because Valliamma was a Hindu by religion, she would not have any claim to Mohammed Ilias' property, and as a result, the plaintiff would not receive any share of Mohammed Ilias' property.
The judgement noted that the Muslim law clearly distinguishes between a legitimate marriage (sahih), void marriage (batil), and invalid/irregular marriage by citing works such as Mulla's Principles of Mahommedan Law and Syed Ameer Ali's Principles of Mahommedan Law (fasid).
The court ruled that only the child born out of wedlock or born of a batil marriage is not legitimate and that the child of a couple whose marriage is fasid, or unlawful but not void, under Muslim law, will be legitimate.
Further, the court noted that, "we conclude that the marriage of a Muslim man with an idolater or fire-worshipper is neither a valid (sahih) nor a void (batil) marriage, but is merely an irregular (fasid) marriage. Any child born from such wedlock (fasid marriage) is entitled to claim a share in his father's property. It would not be out of place to emphasise at this juncture that since Hindus are idol worshippers, which includes worship of physical images/statues through offering of flowers, adornment, etc., it is clear that the marriage of a Hindu female with a Muslim male is not a regular or valid (sahih) marriage, but merely an irregular (fasid) marriage."