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. The shariat act, 1937, is landmark legislation in the. It repealed all such provisions in earlier legislation that permitted custom to override mahomedan law in cases where the. Applicability of the shariat act of 1937 to khojas and. The protection of shariat is a burning problem for indian muslims these days. Prior to the coming into force of the shariat act of 1937, cutchi memons and khojas and sunni bohras of gujarat and molesalam girasias of broach were governed by hindu law in matters of inheritance and succession, and therefore, could dispose of the whole of their. An act to make provision for the application of the muslim personal law shariat to. The west pakistan muslim personal law shariat application act, 1962. An act to make provision for the application of the muslim personal law shariat to muslims. The muslim personal law shariat application tamil nadu. It was also her contention, that such a divorce which abruptly, unilaterally and irrevocably terminates the ties of matrimony, purportedly under section 2 of the muslim personal law shariat application act, 1937 hereinafter referred to as, the shariat act, be declared unconstitutional. The actual codification of canonic law is the result of the concurrent evolution of jurisprudence proper and the socalled science of the roots of jurisprudence usul alfiqh.
This act may be called the muslim personal law shariat application act, 1937. Further operation of certain wills shall cease on the death of legateeinenjoyment. An act to amend the muslim personal law shariat application act, 1937 central act 26 of 1937, in its application. 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. Their religious sentiments are badly hurt as attempts are being made to put an end to the practice of shariat in their personal affairs like marriage and divorce after they had patiently tolerated persistent riots, polytheistic teachings in. This law deals with marriage, succession, inheritance and charities among muslims. Friday october 28, 2011 aljumaa thoul hijjah 01, 1432 sukravara karthika 06, 1933, at 12. Section 2 in the muslim personal law shariat application. Muslim personal law shariat application latest laws. Muslim personal law shariat application act, 1935 act no. India, wanted to free india from british domination, and to transform the.
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. Pdf personal laws are mired with controversies on questions of gender. For the muslims on the other hand, the writings in the quran would be of foremost importance. The shariat act is applicable to both shia and sunni. A sociohistorical and political discourse on the rights of muslim. Agricultural lands, charities and charitable endowments, being provincial state subjects, had to be expressly excluded from section 2 of the act. The muslim personal law shariat application act, 1937. All the muslims in india are governed by the muslim personal law shariat application act, 1937. 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. The act lays out that in matters of personal dispute the state shall not interfere. Muslim personal law in pakistan pakistani law firm. The muslim personal law shariat application act, 1937 of india in pdf format. Let us learn more about guardianship under muslim law. 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.
Pdf muslim personal law and gender equality concerns. The muslim personal law shariat application act, 1937 page 1. We at kohli associates are proud to have well trained team of marriage counselors and top divorce lawyers in chandigarh. 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. Section 2 in the muslim personal law shariat application act, 1937. The british who were at this point in time governing india, were trying to ensure that indians be ruled according to their own cultural norms. Muslim personal law shariat application act, 1937 womens. The muslim personal law shariat application act 1937. Download this app from microsoft store for windows 10 mobile, windows phone 8.
Muslim personal law application of shariah act 1962. 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 1. An act to amend the muslim personal law shariat applieaiioa act, 1931 central ad xxvi of 1937. It extends to the entire of the republic of india except for the state of jammu and kashmir. 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 regarding intestate succession, special. Filiation among muslims in india is governed by muslim personal law, a largely. This act was passed by the west pakistan assembly on 14th dec. Shariat application act, 1937 and the dissolution of.
Vi of 1935 6 th december, 1935an act to make provision for the application of the muslim personal law shariat in the n. Repealed the 1937 muslim personal law shariat application act as well as provincial legislation on the application of muslim personal law. Guardianship of a minor person means the overall supervision of the minors temperament. Shariat act could also be referred to as the muslim personal law. The muslim personal law shariat application act was passed in 1937 with the aim to formulate an islamic law code for indian muslims. Mohammedan law shariat act 1937 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 2. Act of 1937 the shariat act of 1937 was the result of this demand. Personal law shariat application act 1937 and 1939 from womens. Shariat article about shariat by the free dictionary.
This book is the only authoritative work on muslim personal law applied by courts of justice in india. As islam makes no distinction between religion and life, islamic law covers not only ritual but many aspects of life. Bahar e shariat by dawat e islami contains knowledge of fiqh, sharah and other many islamic principles. 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. It aims at restoring the law of slam to all muslim communities residing in india. 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 muslims in 1 whereas it is expedient to make provision for the application of the muslim personal law shariat to muslims in bangladesh. Notwithstanding any customs or usage to the contrary, in all questions save questions relating to agricultural land regarding intestate succession, special. It means that the care and welfare of the kid together with the liability to take care of it. The new act directs the application of muslim personal law, notwithstanding any custom or usage, to all questions of personal.
Applicability of muslim personal law shariat to custody. Under the shariat act, 1937, as framed, in questions relating to charities and charitable institutions and charitable and religious endowments, the custom or usage would prevail. Whereas it is expedient to make provision for the application of the. Muslim personal law applied by court of justice in india. The practice has been outlawed in many muslim majority nations, but is permitted in india under the muslim personal law shariat application act 1937 pdf. Pdf the article examines the development of the legalism of personal law and provisions of community rights for disparate communities in modern india. Notwithstanding any custom or usage to the contrary, in all questions save questions relating to agricultural land. 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. History of the evolution of muslim personal law in india pdf.