This act may be called the muslim personal law shariat application act, 1937. Muslim personal law shariat application act, 1937 womens. Religion and personal law in india,personal laws in india. Notwithstanding any custom or usage, in all questions regarding succession whether testate or intestate, special property of females, betrothal, marriage, divorce, dower adoption. In other words, the rules that a person should follow in hisher personal and social life are collectively called muamalat or social law. Notwithstanding any custom or usage to the contrary, in all questions save questions relating to agricultural land. Muhammadan law the personal law of muslims internet archive.
Read the following characteristics and name the sources of muslim personal law they relate to. Mar 19, 2019 the muslim personal law shariat application act, 1937 of india in pdf format. In india in personal matters, there is no national or regional law. Yet, in india, prominent muslim bodies have opposed banning the practice, fearing the introduction of the indian state into personal law. Every word and action of a man and a woman has consequences either in the form of reward or penalty in this world or after this world. To explain this further, let us understand some of the essential points of muslim law and how a muslim will can be made in adherence to the rules set by the law. Quiyas or analogy is the contribution of imam shaffie to muslim law. Further operation of certain wills shall cease on the death of legateeinenjoyment. This book is the only authoritative work on muslim personal law applied by courts of justice in india. Outlines of muslim personal law relies on the original sources to present personal law in a very accurate and comprehensive manner.
Mpl has not been without criticisms both from outside and within the community, particularly in respect of gendered disadvantages that arise within the provisions safeguarding the practices, which cover marriage. It extends 1 to the whole of india 2 except the state of jammu and kashmir. Women in muslim law islam means serenity, and obedience. Specially, muslim women rights relating to triple talaq divorce, inheritance,maintenance has got much attention now a days. Shaffie established ijmaa as an important source of muslim law and gave validity to custom of the people of islam following more to the method of hanafi school. For several years past it has been the cherished desire of the muslims of british india that customary law should in no case take the place of muslim personal law. According to agnes 2004 islam also means peace and submission. Specially, muslim women rights relating to triple talaq divorce. Under the muslim personal law a suit has been filed by the husband or wife on withdrawal from the society of other without lawful ground. Muslim personal law shariat introduction in urduhindi. But, a waqf under muslim personal law may be distinguished from a trust at least on the following matters. The primary source of islamic law is the quran, which muslims believe to be gods words. Persuasive argue a thesis, attempt to prove a point, ii.
The muslim personal law shariat application act, 1937 of india in pdf format. In this chapter, we will learn about the personal laws of hindu, muslims and the christain community. D, khalji dynasty 1290 21, the tughlaq dynasty 2114, the lodi dynasty 1451 1526 and the sur dynasty 1539 1555, the court of shariat, assisted by the mufti, dealt with cases. Muslim personal law reforms action group mplrag is deeply disturbed and concerned by comments of minister of justice thalatha athukorale, in recently quoted statements regarding reforms of the muslim marriage and divorce act mmda published on july 6th on the jaffna muslim website, in which the minister commented that the ministry is not. Pdf guardianship under muslim family law azeem mian. Aug 29, 2015 muslim personal law and law of inheritance, in light of he quranic verses and relevant enactment such as. Muslim law recognized two forms of divorce by mutual consent khul or khula divorce at the request of wife and mubaraa or mubaraat by agreement. This paper is concerned with the administration of muslim personal law in a country where muslims are a minority.
The legal system is based on english common law and islamic law. The provisions for maintenance of child are not a matter of concern as they are provided adequate maintenance under the law but the position of the wife is poor as compared to other laws. The muslim personal law shariat application act, 1937. Jammu and kashmir muslim personal law shariat application act,2007. In the eighteenth century, the sultan of maguindanao promulgated a more comprehensive codex, the luwaran sa magindanao. Muslim 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. Muslim personal law and law of inheritance, in light of he quranic verses and relevant enactment such as. Code of muslim personal laws 5 on marriage to whom does the provision on marriage and divorce apply. Notwithstanding anything to the contrary contained in section 2 or any other law for the time being in force, or any custom or usage or decree, judgment or order of any court, where before the commencement of the punajb muslim personal law shariat application act, 1948, a male heir had acquired any agricultural land under custom from the. Pdf muslim personal law and marriage in islam tayyab. Oct 08, 2017 but, a waqf under muslim personal law may be distinguished from a trust at least on the following matters. Pdf the article examines the development of the legalism of personal law and provisions of community rights for disparate communities in. Muslim personal law application of shariah act 1962. In india different religions like hindu, muslim, christian and parsi etc are governed by their own personal law as hindu law hindu law acts 195556, muslim law muslim personal laws shariat application act 1937, christian law, parsi law parsi marriage and divorce act 1936, respectively.
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. Whereas it is expedient to make provision for the application of the muslim personal law shariat to muslims 1. Under muslim law guardians are required for the purpose of marriage, for the protecting the minors person and for protecting the minors property. The shariat act repeated a calcutta decision, burham vs. However, indian constitution has guaranteed equality. Jammu and kashmir muslim personal law shariat 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. Shariah is an arabic word that means the path to be followed, referring to a number of legal injunctions known as islamic law. The book in its present form is superior to other compilations in the field. It means care and welfare of the child including the liability to maintain it.
Bilimoria p, sharma r 2000 muslim personal law in 466 india. Whereas it is expedient to make provision for the application of the muslim personal law shariat to muslim. Muslim personal law synonymous with the arabic muamalat, which means rules and regulations of social life, or the rules that regulate the day to day life of a person. In islam ultimate source of any authority is allah alone. Muslim personal law shariat introduction in urduhindi by. Muslim personal law applied by court of justice in india.
Thus, from the above article, it can be stated that the maintenance provisions of muslim law are different from other personal laws. No evidence records administration of muslim personal law until 1206 on the indian peninsula, even muslim invasions took place during this period. The muslim personal law shariat application act 1937. Guardianship of a minor person means an overall supervision of the minors personality. For example, it points out and corrects the errors made in mullahs code. The only authoritative book of islamic jurisprudence is alrisala of imam shaffie. 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. Notwithstanding any custom 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. An act to make provision for the application of the muslim personal law shariat to muslims.
Pdf today, the issues of women rights in muslim personal law is highly controversial. There are different laws like hindu marriage act, 1955, the hindu succession amendment act, 2005, the hindu minority and guardianship act, 1956 and the hindu adoption and maintenance act, 1956 which govern the personal laws of the hindus. As we know muslims personal law have not codified their property rights of muslim women neither the shias nor the sunnis. The muslim personal laws in india, or the shariat law, decrees certain rules and regulations and ways in which an individual can dispose off hisher property. Today, the issues of women rights in muslim personal law is highly controversial. The former is more influential in commercial law while the latter is more influential in personal status and, more recently, criminal and tax law to some extent. After partition in 1947, the legislation relating to muslim family law introduced under british rule continued to govern personal status. Islamic law is godmade law rather than manmade law.
Rights of muslim womenan analysis under personal law. The dissolution of muslim marriages act, 1939the muslim family laws ordinance, 1961west pakistan muslim personal law shariat application act, 1962the guardians and wards act, 1890marriagedowermode of the dissolution of. The personal laws play a vital role in governing the conflicting interest of the individuals. It further provides that the district judge may on a petition made by a muslim married woman, dissolve a marriage on any ground recognised by muslim personal law i. Notwithstanding any custom 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. Introduction to muslim family laws essentials of marriage classification of marriage obstacles to marriage. In other words, the rules that a person should follow in hisher personal and social life are collectively called muamalat or. Llb law introduction of muslim personal law muslim personal law shariat muhammadan law mahomedan law total chapter. Sources of all islamic laws are based on quran, sunnah. Muslim law contains various customs regulating practices of people. Personal law is defined as a law that applies to a certain class or group of people or a particular person, based on the religions, faith, and culture. Code of muslim personal laws 3 a primer on code of muslim personal laws of the philippines introduction in philippine history, the sulu sultanate promulgated the diwan taosug as the principal personal law codex of sulu. The case study undertaken here is specifically the muslim community s constitutionallysanctioned personal law mpl. What exactly is the muslim personal law, how did it originate and why has the indian government faced difficulties in granting equality of marital status to indian muslim women, these are questions that tries to answer.
Jammu and kashmir muslim personal law shariat application act, 2007. I visited india from january 323, 1972 at the invitation of the presi dent of the indian law institute the. The muslim personal law shariat application act or act xxvi of 1937 was enacted by the british government in india, as a part of the government of. Personal computers can be used in classroom and during examination. Dec 03, 2017 llb law introduction of muslim personal law muslim personal law shariat muhammadan law mahomedan law total chapter.