Muslim Personal Law (Shariat) Application Act 1937

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THE MUSLIM PERSONAL LAW (SHARIAT) APPLICATION ACT, 1937.

ACT No. XXVI of 1937

[7th October, 1937]

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

WHEREAS it is expedient to make provision for the applica tion of the Muslim Personal Law (Shariat) to Muslims in Pakis tan ; It is hereby enacted as follows :‑

1.‑(1) This Act may be called the Muslim Personal Law (Shariat) Application Act, 1937.

(2) It extends to the whole of Pakistan excluding the North- West Frontiers.

2. Notwithstanding any custom or usage to the contrary, A 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, i1a, zihar, lian, khula and mubaraat maintenance, dower, guardianship, gifts, trusts and trust proper ties, 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).

3.‑(1) Any person who satisfies the prescribed authority -----

(a) that he is a Muslim, and

(b) that he is competent to contract within the meaning of section 11 of the Contract Act, 1872, and

(c) that he is a resident of Pakistan, may by declaration in the prescribed form and filed before the pres cribed authority declare that he desires to obtain the benefit of the provisions of this section, and thereafter the provisions of section 2 shall apply to the declarant and all his minor children and their descendants as if in addition to the matters enumerated therein adoption, wills and legacies were also specified.

(2) Where the prescribed authority refuses to accept a decla ration under sub‑section (1), the person desiring to make the same may appeal to such officer as the Provincial 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.

4. ‑(1) The Provincial Government may make rules to carry into effect the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely :‑

(a) for prescribing the authority before whom and the form in which declarations under this Act shall be made ;

(b) for prescribing the fees to be paid for the filing of declarations and for the attendance at private resi dences of any person in the discharge of his duties under this Act ; and for prescribing the times at which such fees shall be payable and the manner in which they shall be levied.

(3) Rules made under the provisions of this section shall be published in the official Gazette and shall thereupon have effect as if enacted in this Act.

5. Dissolution of marriage by Court in certain circumstances. Rep. by the Dissolution of Muslim Marriages Act, 1939 (VIII or 1939), s. 6.

6. The under-mentioned provisions of the Acts and Re gulations mentioned below shall be repealed in so far as they are inconsistent with the provisions of this Act, namely :

(1) Section 26 of the Bombay Regulation IV of 1827 ;

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(5) Section 5 of the Punjab Laws Act, 1872 ;

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