Family Law - I

Mohammedan Law – Shariat Act 1937

Shariat Act could also be referred to as the Muslim Personal Law. It extends to the entire of the Republic of India except for the State of Jammu and Kashmir. Let us learn about the Shariat Act in detail.

Personal Law of Muslims under the Shariat Act

If any act includes any provisions that might be in contradiction to the spirit of this act, it will still stand. It will stand true for all questions regarding intestate succession. The special property of females, including personal property inherited or obtained under contract or gift or the other provision of personal law is included in this.

Shariat Act

Marriage, dissolution of wedding, 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 spiritual endowments) the rule of resolution in cases wherever the parties are Muslims shall be the Muslim Personal Law (Shariat).

The Shariat Act provides that in a case where both the parties are Muslims then the rule for decision shall be Muslim Law if the case involves any of the following matters:

  • Intestate succession
  • A special property of the females
  • Marriage
  • Dissolution of marriage
  • Maintenance
  • Dower
  • Guardianship
  • Gift
  • Trust and trust properties,
  • Wakf

If both the parties in a case are Muslims then there shall be an application of Muslim Personal Law.

Power to make a Declaration

Any person who satisfies all the undermentioned prescribed authority—

  • that he is a Muslim
  • that he’s capable and efficient to contract within the meaning of section 11 of the Indian Contract Act, 1872
  • that he’s a resident of the territories to which this Act extends

may by declaration within the prescribed kind and filed before the prescribed authority declare that he wishes to get the advantage of the provisions of this section, and thereafter the provisions of section 2 shall apply to the declarant and all his minor kids and their descendants as if in addition to the matters enumerated, adoption, wills, and legacies were also specified.

Where the prescribed authority denies a declaration under subsection 1, the person willing to make the same may appeal to such office 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.

Rule Making power

  •  The authorities could build rules to hold into impact the needs of this Act.
  • Particularly and without prejudice to the generality of the aforesaid powers, such rules may provide for all or any of the following matters, namely:
    a. for prescribing the authority before whom and therefore the kind within which declarations  beneath this Act shall be made;
    b. for prescribing the fees to be obtained for the filing of declarations and for the attending at personal residences of someone within the discharge of his duties beneath this Act; and for prescribing the times at which such fees shall be collectible and therefore the manner within which they shall be levied.
  •  Rules created beneath the provisions of this section shall be published, within the Official Gazette and shall thereupon have an impact as if enacted in this Act.
  •  Each rule created by the authorities beneath this Act shall be arranged, as soon as it is made, before the State Legislature.
  • Dissolution of the wedding by Court in specific but not explicitly named or stated circumstances.—Rep. by the Dissolution of Muslim Marriages Act, 1939 (8 of 1939), sec. 6 (17-3-1939).

Questions on Shariat Act 1937

Ques. Which state out of these does not follow the Muslim Act?

  1. Delhi
  2.  Jammu and Kashmir
  3. Uttar Pradesh
  4. Madhya Pradesh

Ans. The correct answer is Jammu and Kashmir

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