The Muslim Personal Law (Shariat) Application Act, 1937

(1) This Act may be called the Muslim Personal Law (Shariat)Application Act, 1937. (2) It extends to the whole of India 1 [2***]. 3*** 4

Notwithstanding any custom or usage to the contrary,in all questions (save questions relating to agricultural land) regarding intestate succession, specialproperty of females, including personal properly inherited or obtained under contract or gift or any otherprovision of Personal Law. marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula andmubaraat, maintenance, dower, guardianship, gifts, trusts and trust properties, and wakfs (other thancharities and charitable institutions and charitable and religious endowments) the rule of decision in caseswhere the parties are Muslims shall be the Muslim Personal Law (Shariat). STATE AMENDMENTS Kerala. Substitution of a new section for section 2, Central Act 26 of 1937.--For section 2 of the said Act,the following section shall be substituted, namely:-- “2. Application of personal law to Muslims.--Notwithstanding any custom or usage to thecontrary, in all questions regarding intestate succession, special property of females including personalproperty inherited or obtained under contract or gift or any other provision of personal laws, 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 institutionsand charitable and religious endowments), the rules of decision in cases where the parties are Muslims,shall be the Muslim Personal Law (Shariat).” [Vide kerala Act 42 of 1963, s. 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 Indian ContractAct, 1872 (9 of 1872), and (c) that he is a resident of 1[the territories to which this Act extends], may by declaration in the prescribed form and filed before the prescribed authority declare that he desiresto obtain the benefit of 2[the provisions of this section], and thereafter the provisions of section 2 shallapply to the declarant and all his minor children and their descendants as if in addition to the mattersenumerated therein adoption, wills and legacies were also specified. (2) Where the prescribed authority refuses to accept a declaration under sub-section (1), the persondesiring to make the same may appeal to such office as the State Government may, by general or specialorder, appoint in this behalf, and such officer may, if he is satisfied that the appellant is entitled to makethe declaration, order the prescribed authority to accept the same.

(1) The State Government may make rules to carry into effect the purposesof this Act. (2) In particular and without prejudice to the generality of the foregoing powers, such rules mayprovide for all or any of the following matters, namely:-- (a) for prescribing the authority before whom and the form in which declaration under this Actshall be made; (b) for prescribing the fees to be paid for the filing of declarations and for the attendance atprivate residences of any person in the discharge of his duties under this Act; and for prescribing thetimes 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 andshall thereupon have effect as if enacted in this Act. 1[(4) Every rule made by the State Government under this Act shall be laid, as soon as it is made,before the State Legislature.]

[Dissolution of marriage by Court in certain circumstances.]-- Rep. by the Dissolution of MuslimMarriages Act, 1939 (8 of 1939), s. 6 (w.e.f. 17-3-1939).