Muslim Personal Law (Shariat) Application Act, 1937

Object of the Act

An Act to make provision for the application of the Muslim Personal Law (Shariat) to Muslims

Main provisions of the Act

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). (Sec 2)

Any person who satisfies the prescribed authority that he is:

·         A Muslim;

·         Competent to contract;

·         Resident of territories to which this Act extends (whole of India except J&K).

 May by declaration in the prescribed form and filed before the prescribed authority, declare that he desires to obtain the benefit of the Muslim Personal law (Shariat) and thereafter the provisions of Shariat law shall apply to the declarant and all his minor children and their descendants and in addition matters relating to adoptions, wills and legacies will also be included - Sec 3(1).

If the prescribed authority refuses to accept the declaration stated above, 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 Sec 3(2).

State Government may make rules to carry out the provisions under this Act (Sec 4).

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