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ABDUL CADER v. RAZIK et al.


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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