Muslim Personal
Law (Shariat) Application Act, 1937
An
Act to make provision for the application of the Muslim Personal Law (Shariat) to Muslims [Fn. 1]
WHEREAS it is expedient to make provision for the application of the Muslim
Personal Law (Shariat) to Muslims [Fn. 2] ;
It is hereby enacted as follows:- FOOTNOTES : 1. The words in the Provinces of
Statement of Object
For several years past it has been the cherished desire of the Muslims of
2. The introduction of Muslim Personal Law will automatically raise them to the
position to which they are naurally entitled. In
addition to this present measure, if enacted, would have very salutary effect
on society because it would ensure certainty and definiteness in the mutual
rights and obligations of the public. Muslim Personal Law (Shariat)
exists in the form of a veritable code and is too well known to admit of any
doubt or to entail any great labour in the shape of
research. which is the chief feature of Customary Law.
1
. Short title and extent.-
(1) This Act may be called the Muslim Personal Law (Shariat)
application Act, 1937.
(2) It extends to the whole of
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FOOTNOTES: |
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. Substituted by the Adaptation of Laws (No. 3)
Order, 1956, for "
Part B States". |
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The words " excluding the |
2 . Application of personal law to Muslims.- Notwithstanding
any customs or usage to the contrary, in all questions (save questions relating
to agricultural land) regarding intestate succession, special property of
females, including personal property inherited or obtained under contract or
gift or any other provision of Personal Law, marriage, dissolution of marriage,
including talaq, ila, zihar, lian, khula
and mubaraat, maintenance, dower, guardianship,
gifts, trusts and trust properties, and wakfs (other
than charities and charitable institutions and charitable and religious
endowments) the rule of decision in cases where the parties are Muslims shall
be the Muslim Personal Law (Shariat).
3 . Power to make a declaration.- (1) Any person who
satisfies the prescribed authority-
(a) that he is a Muslim, and
(b) that he is competent to contract within the meaning of section 11 of the
Indian Contract Act, 1872, (9 of 1872) and
(c) that he is a resident of [1] the territories to which this Act extends,
may by declaration in the prescribed form and filed before the prescribed
authority declare that he desires to obtain the benefit of [2] the provisions of this section, and thereafter
the provisions of section 2 shall apply to the declarant
and all his minor children and their descendants as if in addition to the
matters enumerated therein adoption, wills and legacies were also specified.
(2) Where the prescribed authority refuses to accept a declaration under
sub-section (1), the person desiring to make the same may appeal to such
officer as the State Government may, by general or special order, appoint in
this behalf, and such officer may, if he is satisfied that the appellant is
entitled to make the declaration, order the prescribed authority to accept the
same.
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FOOTNOTES: |
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Subs by the Adaptation of Laws (No. 3) Order,
1956, for " a Part A State or a Part C |
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4 . Rule-making power.- (1)
The State Government may make rules to carry into effect the purposes of this
Act.
(2) In particular and without prejudice to the generality of the foregoing
powers, such rules may provide for all or any of the following matters,
namely:-
(a) for prescribing the authority before whom and the form in which
declarations under this Act shall be made;
(b) for prescribing the fees to be paid for the filing of declarations and for
the attendance at private residences of any person in the discharge of his
duties under this Act; and for prescribing the times at which such fees shall
be payable and the manner in which they shall be levied.
(3) Rules made under the provisions of this section shall be published in the
Official Gazette and shall thereupon have effect as if enacted in this Act.
5 . Dissolution of marriage by Court in certain
circumstances.- Rep. by the Dissolution of Muslim
Marriages Act, 1939 (8 of 1939), s. 6.
6 . Repeals.- [1] The undermentioned provisions of the Acts and Regulations
mentioned below shall be repealed in so far as they are inconsistent with the
provisions of this Act namely:-
(1) Section 26 of the Bombay Regulation IV of 1827.
(2) Section 16 of the
[2]
This omission has the effect of reviving the operation of s. 37 of that Act.}
(4) Section 3 of the
(5) Section 5 of the
(6) Section 5 of the
(7) Section 4 of the Ajmere Laws Regulation,
1877.(Reg. 3 of 1877).
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The words, figures
and brackets " (3) section 37 of the Bengal, |