The Muslim Personal Law (Shariat) Application Act, 1937




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The Muslim Personal Law (Shariat) Application Act, 1937


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(Act no. 26 of 1937)



INCOMPLETE Section 4



CONTENTS


Sections

Particulars











Preamble 






1

Short title and Extent


2

Application of Personal Law of Muslims

3

Power to make a declaration

4

Rule-making power

5

Dissolution of marriage by Court in certain circumstances

6

Repeals


THE  MUSLIM PERSONAL LAW (SHARIAT) APPLICATION  ACT, 1937
(ACT 26 OF 1937)
(7th October, 1937)


Preamble -
An Act to  make provision for the application of the Muslim Personal Law (Shariat) to Muslims
WHEREAS it is expedient to make provision for the application of the Muslim Personal Law (Shariat) to Muslim. It is hereby enacted as follows:-
 

1.  Short title  and extent -


(1) The Act may be   called  The Muslim  Personal Law  (Shariat) Application Act, 1937.
(2)    It extends to the whole of India except the State of Jammu and Kashmir.

2. Application of Personal Law of 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 chartities and charitable institutions and charitable and religious endowments) the rule of decision in case 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, and
(c)    that he is a resident of the territories to which this Act extends, may be  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 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.



5.  Dissolution of marriage by Court in certain circumstances -
Repealed by the Dissolution of Muslim Marriages Act, 1939 (8 of 1939), S.6 (17-3-1939).

6. Repeals –
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 4 of 1827;
(2)    Section 16 of the Madras Civil Courts Act, 1873;
(3)    The words, figures and brackets "(3)  Section 37 of the Bengal, Agra and Assam Civil  Courts Act, 1887" were omitted, bid
(4)    Section 3 of the Oudh Laws Act, 1876;
(5)    Section 5 of the Punjab Laws Act, 1872;
(6)    Section 5 of the Central  Provinces Laws Act, 1875; and
(7)    Section 4 of the Ajmer Laws Regulation, 1877.   

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