The Muslim
Personal Law (SHARIAT) APPLICATION ACT, 1937
(Act no.26 of 1937)
2. Application of Personal Law to Muslims.
3. Power to make a
declaration.
5. Dissolution of marriage
by Court in certain circumstances
6. Repeals.
The
Muslim Personal Law (SHARIAT) APPLICATION ACT, 1937
(Act no.26 of 1937)
An Act to make provision for the application o the Muslim Personal Law,
(Shariat)
to Muslims
Whereas it is expedient to make provision for the application of the
Muslim Personal Law (Shariat) to Muslims; it is hereby enacted as follows:
(1) This
Act may be called the Muslim Personal Law (Shariat) Application Act,
1937.
(2) It extends to the whole of India 1[except the State of Jammu and Kashmir]
1. Subs.
by Act No. 48 of 1959.
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 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 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 declaration under subsection (I),
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.
(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
(b)
Declarations under this Act shall be made 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)
6. Repeals. -[The under mentioned 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 Madras
Civil Courts Act, 1873 (3 of 1873);
(3) [Omitted]
(4) Section 3 of the Oudh
Laws Act, 1976 (19 of 1876);
(5) Section 5 of the Punjab
Laws Act, 1872 (5 of 1872)
(6) Section 5 of the Central
Provinces Laws Act, 1875 (20 of 1875); and
(7) Section 4 of the Ajmere
Laws Regulation, 1877 (Reg. 3 of 1877).
