The Muslim Personal Law (Shariat) Application Act, 1937 Section 1

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The Muslim Personal Law (Shariat) Application Act, 1937

1. Short title and extent.—

(1) This 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].

Explanation:

Extended to the Pondicherry by Act 26 of 1968, sec. 3 and Part I, subject to the modifications. Also some words are Substituted by the Act (48 of 1959), sec. 3 and Sch I, for certain words (w.e.f. 1-2-1960). Also the words “excluding the North-West Frontier Province” omitted by the Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948; because North-West Frontier Province is now included in Pakistan.

Muslim Personal Law Act 1937 was not applicable to the state of Jammu and Kashmir. In Bhaderwah it was found that Muslim women in Bhaderwah do not suffer as compared to Muslim women in other parts of India. Rate of talaq and polygamy is low among the Muslims of Jammu and Kashmir. The Muslims in Bhaderwah in particular and in Jammu and Kashmir are giving preference to female education and employment so that they will not suffer in future.

All the Muslims in India are governed by the Muslim Personal Law (Shariat) Application Act, 1937. This law deals with marriage, succession, inheritance and charities among Muslims. But the word ‘Muslim’ is not defined in this Act. The Dissolution of Muslim Marriages Act, 1939 deals with the circumstances in which Muslim women can obtain divorce and rights of Muslim women who have been divorced by their husbands and to provide for related matters.

We are using a short title as Shariat Act. This Act was enacted on 7th October 1937 during British Rule in India. Shariat Act and all other Acts governed by this Act are applicable in India where the parties are Muslims. There are only 6 Sections in the Shariat Act. It aims at restoring the law of Islam to all Muslim communities residing in India. All customs contrary to the Shariat are void. The Shariat Act is applicable to Shia and Sunni sects and all the respective sub-sects in Muslim community. If any act includes any provisions that might be in contradiction to the spirit of this act, it will still stand.

Shariat Act is applicable to all properties. But it is not applicable to agricultural land. These laws are not applicable in Goa state, where the Goa Civil Code is applicable for all persons irrespective of religion. These laws are not applicable to Muslims who married under the Special Marriage Act, 1954.

(Note: The words in Red colour are taken as they are in the Shariat Act 1937.)

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