It became for the first time extended to part b states by virtue of the central act 48 of 1959 which came into force on february 1, 1960, called the miscellaneous personal laws extension act, 1959, which amended its extent clause in. The muslim personal law shariat application act, 1937. The shariat act is applicable to both shia and sunni. The muslim personal law shariat application act, 1937 page. The muslim personal law shariat application act, 1937soolegal. The muslim personal law shariat application act, 1937 act no.
Muslim personal law shariat application act, 1937 an act to make provision for the application of the muslim personal law shariat to muslims fn. Updating and uploading of all central acts available on this web page is the proprietary of the legislative department in the ministry of law and justice. Muslim personal law shariat application act, 1937 womens. History of the evolution of muslim personal law in india pdf. Since 1937 therefore, the shariat application act mandates aspects of muslim social life such as marriage, divorce, inheritance and family relations.
Notwithstanding any custom or usage to the contrary, in all questions save questions relating to agricultural land. Muslim personal law shariat application act, 1937 act. Find legal provisions governing muslim personal law shariat application act, 1937 on hello counsel. 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. An act to consolidate and amend the provisions of the application of muslim personal law. The updating and uploading of rules, regulations, notifications, etc. After the passing of muslim personal law shariat application act 1937, muslim personal law applicable in india continued to be uncodified and it was difficult to courts and lawyers to find out the correct shariat law provisions on matters of personal law. Applicability of muslim law in india muslim personal law. The muslim personal law shariat application act 1937. Mohammedan law shariat act 1937 shariat act could also be referred to as the muslim personal law. Metadata of the chapter that will be visualized online. The shariat act, 1937, is landmark legislation in the. The muslim personal law shariat application act 1937 in india bare acts, banking and insurance, business and corporate, constitutional, consumer laws, criminal law, energy, environmental, family and inheritance, heritage and national importance, immigration law, labor law, the muslim personal law shariat application act 1937 national security, others, procedural and administration. It extends 1 to the whole of india 2 except the state of jammu and kashmir.
The west punjab muslim personal law shariat application. Shariat act could also be referred to as the muslim personal law. The dissolution of muslim marriages act, 1939 deals with the circumstances in which muslim women can obtain divorce and rights of muslim women who have been divorced by their husbands and to provide for related. What exactly is the muslim personal law, how did it originate and why has the indian government faced difficulties in granting equality of marital status to indian muslim women, these are questions that. The muslim personal law shariat application act, 1937 page 1 bare acts in india statutes and laws free download bare acts and case laws in india have been extensively discussed here, the laws pass by the parliament and its implementation in the. A sociohistorical and political discourse on the rights of muslim. An act to make provision for the application of the muslim personal law shariat to muslims 1. This act may be called the muslim personal law shariat application act, 1937. To confirm the policy of the british government and to remove their doubts, the shariat act had to be enacted by the central legislature in 1937.
What exactly is the muslim personal law, how did it originate and why has the indian government faced difficulties in granting equality of marital status to indian muslim women, these are questions that tries to answer. The muslim personal law shariat application act 1937 is the special statute. Muslim personal law shariat application act, 1937 bare. The all india muslim personal law board aimplb is a nongovernment organisation constituted in 1973 to adopt suitable strategies for the protection and continued applicability of muslim personal law in india, most importantly, the muslim personal law shariat application act of 1937, providing for the application of the islamic law code of shariat to muslims in india in personal affairs.
An act to make provision for the application of the muslim personal law shariat to muslimswhereas it is expedient to make provision for the application of the muslim personal law shariat to muslims. This law deals with marriage, succession, inheritance and charities among muslims. It extends to the entire of the republic of india except for the state of jammu and kashmir. Notwithstanding any custom or usage to the contrary, in all questions save questions relating to agricultural land regarding intestate succession, special property of females, including personal property. The shariat act was passed by the central legislature in 1937. The muslim personal law shariat application act, 1937 page 1 bare acts in india statutes and laws free download bare acts and case laws in india have been extensively discussed here, the laws pass by the parliament and its implementation in the courts are commonly discussed here in length. It aims at restoring the law of slam to all muslim communities residing in india. The muslim personal law shariat application act, 1937 of india in pdf format. Muslim personal law applied by court of justice in india.
This provincial act of 1935 was followed in 1937 by an 1937. Further operation of certain wills shall cease on the death of legateeinenjoyment. Muslim personal law shariat application act, 1937 act no. The dissolution of muslim marriages act, 1939 deals with the circumstances in which muslim women can obtain divorce and rights of muslim women who have been divorced. Section 2 in the muslim personal law shariat application act, 1937. All the muslims in india are governed by the muslim personal law shariat application act, 1937. Muslim personal law shariat application act, 1937 bare acts.
Muslim personal law shariat application act 1937 act no. The all india muslim personal law board aimplb is a nongovernment organisation constituted in 1973 to adopt suitable strategies for the protection and continued applicability of muslim personal law in india, most importantly, the muslim personal law shariat application act of 1937, providing for the application of the islamic law code of. An act to amend the muslim personal law shariat application act, 1937 central act 26 of 1937, in its application to the. This book is the only authoritative work on muslim personal law applied by courts of justice in india. There were certain doubts in the minds of indian muslims regarding the application of muslim personal law to muslims.
The muslim personal law shariat application act, 1937 long title. Muslim personal law application of shariah act 1962. October, 1937 1 an act to make provision for the application of the muslim personal law shariat to muslims 2 whereas it is expedient to make provision for the application of the muslim personal. It provides how much of the law of shariath is applicable to muslims in india. If you believe that there has been some mistake, please email our web site security team with the following case number in. The muslim personal law shariat application act, 1937 26 of 1937 053 7th october, 1937 an act to make provision for the application of the muslim personal law shariat to muslims. Notwithstanding any customs or usage to the contrary, in all questions save questions relating to agricultural land regarding intestate succession, special. Under the indian succession act, 1925the hindu succession act 1956 muslim personal law shariat application act, 1937 or any other law applicable to the applicant strike out whichever is not applicable, the persons mentioned above isare hisher only heirs and are entitled to inherit singlyjointly the aforesaid shares. The muslim personal law shariat application act, 1937 laws of. October, 1937 1 an act to make provision for the application of the muslim personal law shariat to muslims 2 whereas it is expedient to make provision for the application of the muslim personal law shariat to muslims 2. Jammu, feb 9 pti jammu and kashmir assembly tonight passed a bill bringing the countrys only muslimmajority state in the ambit of shariat laws. The muslim personal law shariat application act 1937 indian. Mar 19, 2019 the muslim personal law shariat application act, 1937 of india in pdf format.
Whereas it is expedient to make provision for the application of the muslim personal law shariat to muslims 1. You are seeing this page because we have detected unauthorized activity. The shariat act, the dissolution of muslim marriage act and the. Agricultural lands, charities and charitable endowments, being provincial state subjects, had to be expressly excluded from section 2 of the act.
An act to make provision for the application of the muslim personal law shariat to. The west punjab muslim personal law shariat application act. This provincial act of 1935 was followed in 1937 by an. Full text containing the act, muslim personal law shariat application act, 1937, with all the sections, schedules, short title, enactment date, and footnotes. An act to make provision for the application of the muslim personal law shariat to muslims in bangladesh. An act to make provision for the application of the muslim personal law shariat to muslims.
An act to make provision for the application of the muslim personal law shariat to muslims in. An act to make provision for the application of the. The muslim personal law shariat application act, 1937, indian bare acts at, a website for indian laws and bareacts, legal advice and law documents in india. Section 2 in the muslim personal law shariat application. The muslim personal law shariat application act 1937 in india bare acts, banking and insurance, business and corporate, constitutional, consumer laws, criminal law, energy, environmental, family and inheritance, heritage and national importance, immigration law, labor law, the muslim personal law shariat application act 1937 national security, others, procedural and. The muslim law as to adoption, wills and legacies was, under this statute, to be applied in derogation of customary law only to those muslims who should make a formal declaration of their desire therefor and to their minor children and descendants. The muslim personal law shariat application act, 1937 1. Act v of 1962 31 december 1962 an act to consolidate and amend the provisions for the application of muslim personal law shariat in the province of west pakistan. The shariat act, 1937, is landmark legislation in the history of muslim law article shared by the place of the different enactments authorising and regulating the application of muslim law to muslims in the different states of india is now taken by the muslim personal law shariat application act, 1937. The act lays out that in matters of personal dispute, the state shall not interfere. The muslim personal law shariat application act, 1937 shariat law. An act to make provision for the application of the muslim personal law shariat to muslims 2 whereas it is expedient to make provision for the application of the muslim personal law shariat to muslims 2. Rulemaking power 1 the 8state government may make rules to carry into effect the purposes of this act. The shariat act, 1937, is landmark legislation in the history.
288 934 1239 163 46 615 1565 1070 1182 1068 858 1627 397 1518 1123 1379 109 841 1604 429 351 359 510 249 1242 316 37 1078 1087 1287 1114 298 1487 173