Acknowledgment of Paternity

Ikrar-e-Nasab | Doctrine and Effects | Conditions | Irrevocability | Muhammad Allahdad Khan

AT A GLANCE

IKRAR-E-NASAB ('acknowledgment of paternity') is a distinctive doctrine of Muslim law permitting a Muslim man to formally DECLARE another person as his legitimate child — thereby creating full paternal-filial legal relationship. The doctrine is classical, pre-Islamic in origin, and refined by Islamic jurisprudence. It serves a protective function in cases of doubtful paternity where the truth is unrecoverable but a presumptive relationship exists.

THE DOCTRINE IS NOT ADOPTION. Adoption (tabanni) — the legal creation of a parent-child relationship without biological possibility — is EXPLICITLY PROHIBITED by Islamic law (Quran Ahzab 33:4-5). Ikrar-e-nasab operates only where NATURAL PATERNITY IS BIOLOGICALLY POSSIBLE and the acknowledged person's parentage is genuinely uncertain. It recognises a reality rather than creating a fiction.

ESSENTIAL CONDITIONS — classical jurisprudence requires: (1) acknowledger must be legally competent (adult, sane); (2) acknowledged person must be of UNKNOWN PARENTAGE (not publicly known as another man's child); (3) age difference must be PLAUSIBLE for natural paternity (approximately 12+ years between acknowledger and acknowledged); (4) acknowledgment must not be inconsistent with known facts; (5) in some schools, the acknowledged person must consent (if of age); (6) acknowledgment must be unambiguous and for a specific person (not vague). Once satisfactorily made, the acknowledgment is IRREVOCABLE — it creates permanent inheritance rights and legal filiation.

1. Historical and Jurisprudential Background

A. Pre-Islamic Practice

Pre-Islamic Arab tribal society had a practice of acknowledgment (istilhaq) — a tribal leader or significant figure could 'claim' a child as his offspring. This reflected the social importance of lineage (nasab) in tribal culture. Classical Islamic jurisprudence adopted and regularised this practice, imposing strict conditions to prevent abuse.

B. Quranic Context — Ahzab 33:4-5

QURAN AHZAB 33:4-5

"Allah has not made for any man two hearts within him, nor has He made your wives whom you [husbands] declare to be your mothers, your mothers. Nor has He made your adopted sons your [true] sons. That is merely your own saying by your mouth, but Allah says the truth and guides to the [right] path."

"Call them [adopted children] by [the names of] their fathers; that is more just in the sight of Allah. But if you do not know their fathers — then they are your brothers in religion and those entrusted to you..."

C. Significance of Ahzab 33:4-5

These verses EXPLICITLY PROHIBIT adoption in Islamic law. The Quran:

Denies the legal equivalence between adopted and natural sons.
Requires adopted children to be called by their biological father's name.
If biological father is unknown, child is considered a 'brother in religion' — not a son.

Effect on ikrar-e-nasab: ikrar differs FUNDAMENTALLY from adoption. Ikrar is valid ONLY where natural paternity is possible and the acknowledger claims genuine biological fatherhood. It does not create a fiction — it confirms a plausible reality.

D. Classical Elaboration

Classical jurists (Hanafi, Shafi, Maliki, Hanbali) developed detailed rules for ikrar:

Conditions for validity.
Effects on inheritance and legal status.
Irrevocability doctrine.
Distinctions from adoption and other legitimisation methods.

These rules became settled classical doctrine, applied in Indian Muslim law through the Privy Council's jurisprudence.

2. The Leading Case — Muhammad Allahdad Khan v. Muhammad Ismail Khan (1888)

A. Background

Muhammad Allahdad Khan v. Muhammad Ismail Khan, ILR 10 All 289 (1888) is the FOUNDATIONAL CASE on acknowledgment of paternity in Indian courts. The Allahabad High Court, in a detailed judgment, set out the classical conditions and effects of ikrar-e-nasab.

B. The Court's Holdings

The court held:

Ikrar-e-nasab is a recognised doctrine of Muslim law applicable in India.
The essential conditions require: competent acknowledger, plausible age difference, unknown parentage of acknowledged, not inconsistent with known facts.
Once made, the acknowledgment is IRREVOCABLE by the acknowledger.
Other heirs cannot challenge the acknowledgment except on grounds that conditions were unsatisfied.
The acknowledgment creates full paternal-filial relationship — including inheritance rights.

C. Continuing Authority

Muhammad Allahdad Khan remains the leading Indian authority on ikrar. Subsequent Privy Council and High Court decisions have followed its framework. Though the case is over 135 years old, its principles remain operative Indian law on this point.

3. Essential Conditions for Valid Acknowledgment

A. Competence of the Acknowledger

The acknowledger must be:

Adult (baligh) — having reached puberty / majority.
Of sound mind — not suffering from mental incapacity.
Not coerced — acknowledgment must be free and voluntary.
Muslim (to invoke Muslim personal-law doctrine).
Generally, male — though some scholars recognise maternal acknowledgment (rare in practice).

B. Status of Acknowledged Person

The acknowledged person must:

Be of UNKNOWN PARENTAGE — not publicly known as the child of another man. If the person is known as another man's child (e.g., publicly registered birth, official documents, community recognition), ikrar cannot operate to transfer paternity.
Not be the child of an unlawful union with a known third party — e.g., if the person is known to be conceived of zina with a specific other man.
Not be older than or contemporaneous with the acknowledger — the acknowledged person must be reasonably younger.
Not have been previously proven or declared to be illegitimate — if paternity has been previously judicially denied (through lian, for example), subsequent acknowledgment is problematic.

C. Plausibility of Age Difference

The age difference must be PLAUSIBLE for natural paternity:

Minimum: approximately 12-15 years (allowing for acknowledger's puberty).
No specific maximum; biological plausibility assessed.
If the acknowledger is too young to have fathered the acknowledged, ikrar fails.

D. No Inconsistency with Known Facts

Acknowledgment must not be INCONSISTENT with established facts:

If the acknowledger was absent, imprisoned, or otherwise unable to have been the father at the relevant time — ikrar fails.
If there is a specific paternal claim by another man that is judicially established — ikrar cannot displace it.
If DNA evidence (modern context) proves biological non-paternity — ikrar fails.

E. Clarity and Specificity

The acknowledgment must be:

Unambiguous in its terms ('X is my son' or equivalent).
For a specific person (not 'all children of this family' or vague).
Made before witnesses or in circumstances that provide evidence.
Made in sound condition (not during deathbed / terminal illness to defeat inheritance — though some schools allow this).

F. Consent of Acknowledged Person (Some Schools)

If the acknowledged person is of age (baligh), some schools require his / her CONSENT to the acknowledgment. Others treat consent as implicit if the acknowledged person does not object publicly. Indian practice generally follows the implicit-consent approach.

4. Types of Acknowledgment

A. Acknowledgment of Son / Daughter

The most common form — direct acknowledgment of a child as one's own. Creates the standard parent-child legal relationship with full inheritance rights.

B. Acknowledgment of More Distant Relationship

Classical jurisprudence recognised acknowledgments of more distant relationships in specific circumstances:

Acknowledgment of a sibling.
Acknowledgment of a father (very rare).
Acknowledgment of other family relationships.

These are less common and have more restrictive conditions. Most practical cases involve parent-child acknowledgment.

C. Tacit Acknowledgment

Classical jurisprudence sometimes recognises TACIT acknowledgment — acknowledgment by conduct rather than express statement:

Holding the person out as one's child over time.
Providing maintenance / support as a father would.
Public recognition of the relationship.
Referring to the person as 'my son / daughter' in consistent conduct.

Tacit acknowledgment is recognised in some schools but subject to careful evidentiary evaluation. Courts generally prefer express acknowledgment for clarity.

D. Posthumous Acknowledgment

Can a person be acknowledged after the acknowledger's death? Classical view: NO — the acknowledgment must be made by a living competent person. An heir cannot 'acknowledge' on behalf of the deceased. However, evidence of the deceased's prior acknowledgment (documents, witnesses) can be established posthumously.

5. Effects of Valid Acknowledgment

A. Full Paternal-Filial Relationship

Valid ikrar-e-nasab creates the FULL PARENTAL-CHILD LEGAL RELATIONSHIP:

Acknowledged person is legally the acknowledger's child.
Full inheritance rights as son / daughter.
Full paternal obligations (maintenance, guardianship).
Legal recognition in all contexts (civil, tax, personal law).

B. Extended Family Connections

The paternal relationship extends to EXTENDED PATERNAL FAMILY:

Paternal grandfather becomes the acknowledged person's grandfather.
Paternal siblings of acknowledger become acknowledged's uncles / aunts.
Inheritance rights through paternal family operate.
Reciprocal — acknowledger's paternal relatives inherit from the acknowledged.

C. Inheritance Rights — Full

Acknowledged child has FULL INHERITANCE rights:

Quranic share as son (Residuary-in-Own-Right) or daughter (Sharer or Residuary-by-Another with sons).
Acknowledged daughter's children — regular descendants of deceased's family.
Same classifications and rules as naturally-related children.

D. Bar on Challenge

After valid acknowledgment:

Other heirs CANNOT challenge the acknowledgment merely to reduce their own shares.
Challenges limited to showing conditions were not met at time of acknowledgment.
Once established, the relationship is firmly fixed.

E. Maintenance Rights

Acknowledged minor child has MAINTENANCE RIGHTS against the acknowledger:

Classical: father's duty till puberty (sons) / marriage (daughters).
Modern: Section 125 CrPC applies universally.
Acknowledgment creates the paternal obligation without further formal requirements.

6. Irrevocability

A. The Irrevocability Principle

Once a valid acknowledgment is made, the acknowledger CANNOT withdraw or revoke it. The acknowledgment is irrevocable for the following reasons:

Creates rights in the acknowledged person — cannot be unilaterally revoked.
Creates rights in third parties (other heirs, family members) — cannot be unilaterally revoked.
Reflects a factual assertion about paternity — revocation would suggest misrepresentation.
Classical jurisprudence establishes this principle unambiguously.

B. Exceptions and Qualifications

Limited circumstances may affect the irrevocability:

Fraudulent acknowledgment — if obtained by deception or coercion, may be vacated.
Fundamentally inconsistent facts — if later evidence conclusively disproves paternity (DNA, etc.), the acknowledgment's factual basis may be questioned — but irrevocability is still the strong default.
Conditions not met at time of acknowledgment — challenges on procedural grounds (incompetence, coercion, unknown parentage not satisfied) may succeed.

C. Distinction from Revocation

Irrevocability means the ACKNOWLEDGER cannot unilaterally withdraw. It does not mean the acknowledgment is immune from judicial challenge — but such challenges must be based on the classical conditions not being met, not on mere acknowledger regret.

7. Distinction from Adoption

A. Adoption Prohibited in Islam

Adoption (tabanni) is EXPLICITLY PROHIBITED by Quran Ahzab 33:4-5:

An adopted child is NOT legally one's own child.
Adopted children must be called by their biological fathers' names.
No legal parent-child relationship is created by adoption.

B. Hindu Adoptions and Maintenance Act 1956

The Hindu Adoptions and Maintenance Act 1956 governs Hindu adoption — CREATES a legal parent-child relationship. This Act does NOT apply to Muslims. Muslims cannot adopt children under this framework.

C. Juvenile Justice Act 2015

The Juvenile Justice (Care and Protection of Children) Act 2015 — a secular statute — permits adoption of any child regardless of religion. Muslims can adopt under this statute:

Creates parental rights under the JJ Act.
Child is protected under the Act's welfare framework.
HOWEVER, the adoption does NOT create classical Muslim-law filiation — inheritance under Muslim personal law remains governed by classical rules (no inheritance by adopted Muslim child from Muslim parent unless acknowledged via ikrar-e-nasab).

D. Practical Tension

This creates a practical tension:

JJ Act creates parental rights and welfare obligations.
Muslim personal law does NOT automatically recognise adopted children as heirs.
To create full Muslim-law inheritance rights, a Muslim adoptive father would need to additionally invoke ikrar-e-nasab — which requires the classical conditions (unknown parentage, etc.).
Many adopted children do not qualify for ikrar (adopted from orphanages with unclear biological history).

E. Ikrar vs Adoption — Key Distinctions

Feature	Ikrar-e-Nasab	Adoption (JJ Act 2015)
Legal basis	Muslim personal law (classical)	Secular statutory (JJ Act)
Nature	Acknowledgment of paternity (natural possibility)	Legal creation of parent-child relationship
Biological plausibility required?	YES — age plausibility, unknown parentage	NO — can be entirely non-biological
Effect on Muslim inheritance	FULL inheritance rights	NO automatic inheritance under Muslim personal law
Religion-neutral?	Muslim law specific	Applies across religions
Revocable?	Irrevocable	Generally final but can be canceled in rare circumstances
Creates new legal relationship?	Recognises existing natural relationship	Creates new legal relationship
Acceptance in Muslim law tradition	Classical and accepted	Contested (as form of adoption)

8. Ikrar and Walad al-Zina

A. Classical Position

For a child PUBLICLY KNOWN as walad al-zina (illegitimate / born of extra-marital union):

Ikrar generally cannot legitimise — the condition 'unknown parentage' is not met.
If the child is known to be of zina with a specific man, another man cannot acknowledge him / her.
The child remains illegitimate; inheritance from maternal side only.

B. Ambiguous Cases

In cases where:

The child's paternal origin is UNCERTAIN (not clearly another specific person).
The acknowledger CLAIMS to be the natural father.
Classical conditions can be met (plausibility, not inconsistent with other facts).

Then ikrar can operate to establish paternity — effectively legitimising the child for Muslim law purposes.

C. Modern Context

Modern medical / DNA evidence can:

Support an ikrar by confirming biological paternity.
Disprove an ikrar if biology excludes the acknowledger.
Provide certainty in ambiguous cases.

9. Procedural and Evidentiary Aspects

A. Forms of Acknowledgment

Acknowledgment may be:

Oral — in clear statement before witnesses.
Written — in a document (though not strictly required for validity).
By conduct — consistent holding-out over time.
Public declaration — in community / family gathering.

B. Evidentiary Requirements

For proving ikrar in court:

Witness testimony — ideally multiple reliable witnesses.
Written documentation (if any).
Evidence of consistent holding-out over time.
Community / family recognition of the relationship.
Absence of contrary evidence (not inconsistent with other known facts).

C. Registration and Recognition

No specific registration requirement for ikrar-e-nasab in India:

Muslim Personal Law (Shariat) Application Act 1937 does not require registration.
Practical recognition through family / community records.
For inheritance or property matters, acknowledgment may need to be proved through civil court evidence.

D. Revenue Records

For land and property inheritance, the acknowledged child may need to establish the relationship in revenue records. This typically involves:

Application for mutation showing the ikrar.
Supporting evidence (witnesses, documents).
Revenue officer's order recognising the relationship.
Judicial review if challenged.

10. Worked Examples

Example 1 — Classical Clear Case

A Muslim widower, Ahmed, acknowledges a boy (Rahim) of unknown parentage as his son. Ahmed is 35; Rahim is 10. The boy was found / fostered; no other man claims paternity. Ahmed provides support, introduces Rahim publicly as his son, mentions him in family matters.

Conditions met:

Ahmed is competent (adult, sane).
Rahim of unknown parentage.
Age difference (25 years) plausible.
No inconsistency with other facts.

Effect: Rahim becomes Ahmed's legal son — full inheritance rights, legal filiation.

Example 2 — Failed Ikrar — Known Parentage

Ahmed tries to acknowledge Salim as his son. Salim is registered in birth records as the son of Omar — who is a known person in the community. Omar has not died or denied Salim's paternity.

Condition failed: Salim has KNOWN parentage (Omar). Ikrar cannot operate.

Effect: Ikrar invalid; Salim remains Omar's son.

Example 3 — Failed Ikrar — Implausible Age

Ahmed (age 25) acknowledges Salim (age 30) as his son. Age difference negative.

Condition failed: Salim is older than Ahmed — biologically impossible.

Effect: Ikrar invalid.

Example 4 — Inheritance After Acknowledgment

Ahmed dies. Surviving heirs: wife, mother, naturally-born son, and acknowledged son Rahim (per Example 1). Estate: Rs. 24,00,000.

Rahim, as acknowledged son, is a son for inheritance purposes:

Wife: 1/8 (children exist) = Rs. 3,00,000.
Mother: 1/6 (children exist) = Rs. 4,00,000.
Residue: Rs. 17,00,000.
Natural son + Rahim: share residue equally as Residuaries-in-Own-Right = Rs. 8,50,000 each.

Rahim inherits the SAME SHARE as the natural son.

Example 5 — Challenge to Ikrar After Death

After Ahmed's death, other heirs challenge Rahim's ikrar claiming the conditions were not met.

Burden on challengers to establish failure of conditions.
Court examines evidence (witnesses to acknowledgment, age, parentage of Rahim, etc.).
If conditions were met at time of acknowledgment, challenge fails — Rahim's inheritance secure.
If conditions unmet, ikrar invalid; Rahim excluded from inheritance.

11. Ikrar Beyond Paternity

A. Acknowledgment of Mother

Classical jurisprudence sometimes recognises acknowledgment by a woman of her maternity:

A woman may acknowledge a child as her own — though less common than paternal acknowledgment.
Conditions similar to paternal ikrar.
Effect: maternal filiation established.

Indian practice: paternal acknowledgment is the dominant category.

B. Acknowledgment of Sibling

Rarely, a person may acknowledge another as a sibling:

Conditions: both parents unknown or deceased; specific facts supporting the relationship.
Effect: limited — primarily relevant for maintenance; inheritance effect through parental line which may not be clearly established.

C. Acknowledgment of Parent

A son claiming 'X is my father' — rarely recognised:

Requires the alleged father's consent.
Effectively a paternal acknowledgment with the son initiating.
Uncommon in practice.

XII. Leading Cases

1. Muhammad Allahdad Khan v. Muhammad Ismail Khan, ILR 10 All 289 (1888)

2. Habibur Rahman Chowdhury v. Altaf Ali Chowdhury, AIR 1922 PC 159

3. Sadiq Husain v. Hashim Ali, (1916) ILR 38 All 627

4. Md. Allahdad v. Md. Ismail (1888) — follow-up in later decisions

Subsequent Privy Council and High Court decisions have consistently applied the Muhammad Allahdad Khan framework. The doctrine remains operative Indian law.

5. Sharda v. Dharmpal, (2003) 4 SCC 493

6. Classical scholarly works

Ameer Ali's 'Mahomedan Law' (1912), Tyabji's 'Muslim Law' (1940), Fyzee's 'Outlines of Muhammadan Law' (1949) — all classical Indian treatises extensively discuss ikrar-e-nasab.

XIII. Exam Corner

RAPID-FIRE FACTS

Ikrar-e-nasab = acknowledgment of paternity.

Not adoption — adoption prohibited by Quran Ahzab 33:4-5.

Creates full paternal-filial legal relationship.

Acknowledger must be competent (adult, sane).

Acknowledged must be of UNKNOWN PARENTAGE.

Age difference must be PLAUSIBLE for natural paternity.

Must not be inconsistent with established facts.

Classical schools may require consent of acknowledged person (if adult).

IRREVOCABLE once validly made.

Other heirs cannot challenge except on grounds of unmet conditions.

Effect — full inheritance rights for acknowledged person.

Extended paternal family connections established.

Muhammad Allahdad Khan v. Muhammad Ismail Khan (1888) — foundational Indian case.

Paternity cannot be acknowledged where known to be of zina with specific man.

JJ Act 2015 adoption ≠ ikrar — doesn't create Muslim-law inheritance rights.

Modern DNA evidence — supports or rebuts ikrar claims.

Maternal acknowledgment exists but is rare in practice.

Sibling acknowledgment recognised but uncommon.

Tacit acknowledgment by consistent conduct possible.

Practice Questions

Discuss the doctrine of ikrar-e-nasab (acknowledgment of paternity) under Muslim law. (15 marks)
What are the essential conditions for a valid ikrar? Discuss with reference to Muhammad Allahdad Khan (1888). (20 marks)
Distinguish ikrar-e-nasab from adoption. Why is adoption prohibited under Muslim law? (15 marks)
Discuss the effects of valid ikrar on inheritance and family relationships. (15 marks)
'Ikrar-e-nasab is irrevocable.' Critically examine with reference to modern DNA evidence. (15 marks)
How does ikrar-e-nasab operate in relation to walad al-zina (illegitimate children)? (15 marks)
Can a Muslim legally adopt under the Juvenile Justice Act 2015? Discuss the inheritance consequences. (15 marks)
MCQ: Adoption is — (a) Recognised under Muslim law (b) Prohibited by Quran Ahzab 33:4-5 (c) Regulated by Muslim Adoption Act (d) Allowed only for males. Answer: (b).
MCQ: Ikrar-e-nasab is — (a) A form of adoption (b) Acknowledgment of paternity (c) Denial of paternity (d) A type of divorce. Answer: (b).
MCQ: A valid ikrar is — (a) Revocable at will (b) Revocable within 3 months (c) Irrevocable (d) Revocable with heirs' consent. Answer: (c).
MCQ: The foundational Indian case on ikrar-e-nasab is — (a) Shah Bano (1985) (b) Muhammad Allahdad Khan v. Muhammad Ismail Khan (1888) (c) Danial Latifi (2001) (d) Ameer Ali v. Ameer (1920). Answer: (b).
MCQ: For a valid ikrar, the acknowledged person must — (a) Be of known parentage (b) Be of UNKNOWN parentage (c) Be younger than 5 years (d) Be related by blood. Answer: (b).

XIV. Conclusion

Ikrar-e-nasab (acknowledgment of paternity) is a distinctive and protective doctrine of Muslim law — permitting formal recognition of a parent-child relationship where natural paternity is biologically possible and the acknowledged person's parentage is genuinely uncertain. Unlike adoption (which is explicitly prohibited by Quran Ahzab 33:4-5), ikrar recognises a plausible reality rather than creating a fiction. The classical conditions — competent acknowledger, unknown parentage, plausible age difference, no inconsistency with known facts — ensure that the doctrine cannot be abused to fabricate inheritance claims.

For the judicial aspirant, five anchors secure this topic. First, the distinction from adoption — ikrar recognises, adoption creates; Quran Ahzab 33:4-5 prohibits the latter. Second, the five essential conditions — acknowledger competence, unknown parentage, age plausibility, no inconsistency, specificity. Third, the effects — full paternal-filial relationship, full inheritance rights, extended family connections. Fourth, the IRREVOCABILITY principle — once validly made, cannot be withdrawn. Fifth, the Muhammad Allahdad Khan v. Muhammad Ismail Khan (1888) leading case — foundational Indian authority. In modern Indian context, Muslim adoption under JJ Act 2015 does NOT automatically create Muslim-law inheritance rights — ikrar remains the classical route for establishing full paternal-filial inheritance.

XV. Frequently Asked Questions

Q1. What is ikrar-e-nasab?

Ikrar-e-nasab (literally 'declaration of lineage') is the classical Muslim-law doctrine permitting a Muslim man to formally acknowledge another person as his legitimate child. This creates a full paternal-filial legal relationship with all consequences — inheritance rights, maintenance obligations, family connections. The doctrine is classical, pre-Islamic in origin, refined by Islamic jurisprudence, and recognised in Indian courts through the Muhammad Allahdad Khan (1888) case.

Q2. Is ikrar-e-nasab the same as adoption?

NO. Adoption (tabanni) is EXPLICITLY PROHIBITED by Quran Ahzab 33:4-5 — which requires adopted children to be called by their biological father's name, not the adoptive parent's. Ikrar-e-nasab is different: it RECOGNISES a plausible biological paternal relationship (where natural paternity is possible and parentage is unknown) rather than CREATING a legal fiction. Ikrar operates only where biological paternity is biologically possible.

Q3. What are the essential conditions for a valid ikrar?

Five conditions: (1) competent acknowledger (adult, sane, Muslim); (2) acknowledged person of UNKNOWN PARENTAGE — not publicly known as another's child; (3) age difference PLAUSIBLE for natural paternity (12+ years); (4) no inconsistency with established facts (e.g., acknowledger was absent during conception); (5) clarity and specificity of acknowledgment. All conditions must be met; failure of any invalidates the ikrar.

Q4. Is ikrar revocable?

NO — once validly made, ikrar is IRREVOCABLE. The acknowledger cannot unilaterally withdraw. This protects the acknowledged person's rights and third-party rights (other heirs, community). Challenges after the fact must be based on showing classical conditions were not met at time of acknowledgment — not on mere acknowledger regret.

Q5. What are the inheritance effects of ikrar?

Acknowledged person becomes a FULL HEIR as son or daughter. Inherits the standard Quranic share — as son (Residuary-in-Own-Right), as daughter (Sharer alone or with others; Residuary-by-Another with sons). Extended paternal family relationships are also established — acknowledged person inherits from paternal grandparents, paternal uncles, etc., and reciprocally they inherit from acknowledged person.

Q6. Can a Muslim adopt under the Juvenile Justice Act 2015?

YES — the JJ Act 2015 is religion-neutral and permits adoption by Muslims. HOWEVER, such adoption does NOT automatically create Muslim-law inheritance rights. The adopted child acquires rights under the JJ Act but does not automatically become a Muslim-law heir. To create full Muslim-law inheritance rights, the adoptive father would need to additionally invoke ikrar-e-nasab — subject to classical conditions (unknown parentage, etc.). Many adopted children do not meet ikrar's conditions.

Q7. What is the leading Indian case on ikrar-e-nasab?

Muhammad Allahdad Khan v. Muhammad Ismail Khan, ILR 10 All 289 (1888) — Allahabad High Court. This foundational case set out the classical conditions and effects of ikrar. Its framework remains the operative Indian law on this point, followed in subsequent Privy Council and High Court decisions.

Q8. Can a known walad al-zina (illegitimate child) be legitimised by ikrar?

Classical position: NO — if the child is PUBLICLY KNOWN as walad al-zina (conceived of zina with a specific other person), the condition 'unknown parentage' is not satisfied; ikrar cannot operate. Only where the child's paternal origin is GENUINELY UNCERTAIN (not clearly the child of another specific man) can ikrar legitimise — effectively establishing paternity in ambiguous cases.