ABDUL CADER v. RAZIK et al.
1950 Present .
Jayetileke C.J. and Swan J.
ABDUL CADER, Appellant, and RAZIK et al., Respondents
S. C. 27-D. C. Colombo, 4,518/G
Muslim Law-Marriage-Muslim
maiden of Hanafi sect-Below 21 years of age- Her right to marry without
assistance of wali-Age of Majority Ordinance (Cap. 53)-Muslim Marriage and
Divorce Registration Ordinance (Cap. 99), Sections 8 (1) and 50.
A Muslim attains " majority ", for purposes of marriage, on reaching the age of
bulugh or puberty.
There are Muslims of other sects than the Shaft sect in Ceylon, and, in a matter
of marriage or divorce, a Muslim is governed by the law of the sect to which he
or she belongs. A Muslim maiden, therefore, of the Hanafi sect who has reached
the age of bulugh can enter into a contract of marriage without the intervention
of a wali or marriage guardian, or appoint a wall herself for the purpose of her
marriage. In the case of a maiden of the Shaft sect, whatever her age may be a
wali is necessary.
A Muslim maiden, who was below the age of 21 but who had reached the ago of
bulugh entered into a contract of marriage without the consent of her father and
having appointed he
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