It is pre-independence legislation and has replaced the Anglo Mohammedan law, section 2[2] of which attempts to do away with all the customs and provisions contrary to the 1937 act. XXVI OF 1937). 4. Substituted by the A.O. LinkedIn Instagram Facebook —Notwithstanding any customs or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate succession, special … Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 (hereinafter “1937 Act”) to the impugned practice of triple talaq. may by declaration within the prescribed kind and filed before the prescribed authority declare that he wishes to get the advantage of the provisions of this section, and thereafter the provisions of section 2 shall apply to the declarant and all his minor kids and their descendants as if in addition to the matters enumerated, adoption, wills, and legacies were also specified. 26 of 1937 dated 7th. This Act has been amended in Madras by Madras Act 18 of 1949. Rule-making power.—. THE MUSLIM PERSONAL LAW (SHARIAT) APPLICATION ACT, 1937 (ACT NO. ... 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 (2) It extends to the whole of India [except the State of Jammu and Kashmir] [* * *]. An Act to make provision for the application of the Muslim Personal Law (Shariat) to Muslims WHEREAS it Whereas it is expedient to amend the Muslim Personal Law (Shariat) Application Act, 1937 (Central Act XXVI of 1937), in its application to the 3 [State of Tamil Nadu] in the manner hereinafter appearing; It is hereby enacted as follows:- This Act may be called the Muslim personal law (Shariat) Application (Sind Amendment) Act, 1950. “Article 14 of the Constitution of India 1949” 2. 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. An Act to amend the Muslim Personal Law (Shariat) Application Act, 1937 (Central Act XXVI of 1937), in its application to the 3 [State of Tamil Nadu].. THE MUSLIM PERSONAL LAW (SHARIAT) APPLICATION ACT, 1937 (ACT NO. Helpline: (+91) 98-712-712-05 Mail: hellocounsel@gmail.com. It struck down Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 (hereafter ‘Shariat Act’) insofar as it applies to triple talaq. The Muslim Personal Law (Shariat) Application Act, 1937 [Act No. The Court noted that the previous legislation governing Muslim marriages and other practices, The Shariat Act of 1937, specifically recognized all modes of extra-judicial divorce except Faskh. The petition wants the court to declare Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, unconstitutional and violative of Articles 14, 15, and 21 of the Constitution, insofar as it seeks to recognize and validate the practice of polygamy and nikah halala. Application of … THE MUSLIM PERSONAL LAW (SHARIAT) APPLICATION ACT, 1937 (ACT NO. The Muslim Personal Law (Shariat) Application Act, 1937 (Relevant Sections) Section-2. Muslim Personal Law (Shariat) Application Act, 1937. The Bench observed that modes of extrajudicial divorce as referred in Section 2 of the Shariat Act of 1937 remain untouched by the Dissolution of Muslim Marriages Act. *4 It is hereb y enacted as follows: (1) The Act may be called The Muslim Personal Law (Shariat) Application Act, 1937. The Act also repealed the Shariat Application Act, 1937. (a) “article” means any article of manufacture and any substance, artificial, or partly artificial and partly natural and includes any part of an article capable of … inheritance), Special property of the females, Marriage (including all incidents of marriage), —(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] Application of Personal Law to Muslims. may by declaration in the prescribed form and filed before the prescribed 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. (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 desires to obtain the benefit of 2*[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 … (2) It extends to the whole of India excluding the North West Frontier Province (now in Pakistan). [Repeated] 6. Foot Notes. 2. (1) This Act may be called the Muslim Personal Law (Shariat) Application Act, 1937. The three religions are binding to the Act and according to Section 5, 11 and 17 bigamous marriages are void and penal. Application of Personal Law to Muslims. A plea has been filed in the Supreme Court by Advocate Vishnu Shankar seeking Declaration of Bigamy as unconstitutional for everyone. In spite of the non-obstinate clause section 4 is to be interpreted in the light of section 2 of the Act… Muslim Law. In section 1 of the Muslim personal law (Shariat) Application Act, 1937 (hereinafter called the said Act), after Sub-section (2) the following new sub-section shall be inserted, namely;—-3. 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. It was also her contention, that such a divorce which abruptly, unilaterally and irrevocably terminates the ties of matrimony, purportedly under Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 (hereinafter referred to as, the Shariat Act), be declared unconstitutional. Muslim Personal Law (Shariat) Application Act, 1937. 2. In section 1 of the Muslim personal law (Shariat) Application Act, 1937 (hereinafter called the said Act), after Sub-section (2) the following new sub-section shall be inserted, namely;—-3. 2. 2. Hejzur Rahman (MdJ Vs. 1. —(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] Application of Personal Law to Muslims. Muslim Personal Law (Shariat) Application Act, 1937. (para 102 per Mustafa Kamal-J.) Application of Personal Law to Muslims. Short title and extent. (1) This Act may be called The Muslim Personal Law (Shariat) Application Act , 1937. The petitioner has sought a declaration, that the ‘talaq-e-biddat’ pronounced by her husband on 10.10.2015 be declared as void ab initio. The Act under Section 2 provides for ten grounds for … Amendment of section 1 of Act XXVI of 1937. 1. The scope and purpose of S. 2 of the Act (above) is to abrogate custom and usage in so far as they have displaced the rules of Muhammadan law. – (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 Contract Act, 1872, and Section 2— By section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, the Muslim personal laws have been made applicable to the parties who are Muslims in deciding the disputes relating to marriage, divorce, maintenance etc. “Article 13 of the Constitution of India 1949” FACTS An Act to make provision for the application of the Muslim Personal Law ( Shariat ) to Muslims 2 [***] WHEREASit is expedient to make provision for the application of the Muslim Personal Law ( Shariat ) to Muslims 2 … She also contended, that such a divorce which abruptly, unilaterally and irrevocably terminates the ties of matrimony, purportedly under Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 (hereinafter referred to as, the Shariat Act), be declared unconstitutional. MUSLIM PERSONAL LAW (SHARIAT) APPLICATION ACT, 1937 26 of 1937 7th October, 1937 An Act to make provision for the application of the Muslim Personal Law (Shariat) to Muslims 2[* * *]. Notwithstanding any customs or usage to the contrary in all questions (save questions relating to agricultural land) regarding intestate succession, special property of females, i For example, if the parties to any proceeding are Muslims, all questions regarding guardianship shall be determined by the Muslim personal law (Shariat), notwithstanding any custom or usage to the contrary, as per section 2 of the Muslim Personal Law (Shariat) Application Act, 1937. Application Act, 1937 . This Act may be called the Muslim personal law (Shariat) Application (Sind Amendment) Act, 1950. It is a small legislation with five sections. 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. Short title and extent.-(1) This Act may be called the Muslim Personal Law (Shariat) Application Act, 1937. It is a small legislation with five sections. Muslims in India are governed by The Muslim Personal Law (Shariat) Application Act, 1937 which mandates triple talaq under Muslim Law in India. The Designs Act,2000. The Muslim Personal Law (Shariat) Application Act, 1937 3. 1 ISSUE 2 236 STATUES REFERRED 1. [Substitution of new section for section 2, Central Act XXVI of 1937.] The petition has sought striking down Section 2 of Muslim Personal Law (Shariat) Application Act, 1937 which recognises the system of bigamy or … (2) It extends to 3[the whole of India 4[except the State of Jammu and Kashmir]] 5[***] 6 Social Networks. Substituted by the A.O. Act ID: 193726: Act Number: 26: Enactment Date: 1937-10-07: Act Year: 1937: Short Title: The Muslim Personal Law (Shariat) Application Act, 1937: Long Title: An Act to make provision for the application of the Muslim Personal Law (Shariat) to Muslims. [7th October, 1937] Bangladesh. The relief sought in the writ petition is for a declaration that Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 in so far as it seeks to recognise and validate Talaaq-ul-Biddat or Talaaq-i-Badai form of divorce as void and unconstitutional. inheritance), Special property of the females Marriage (including all … 26 of 1937 dated 7th. - The Muslim Personal Law (Shariat) [Application] Act, 1937 (Central Act XXVI of 1937) (hereinafter referred to as the said Act), shall, in its application to the [State of Tamil Nadu], be amended in the manner hereinafter provided. Application of Personal Law to Muslims. The admitting facts that Triple Talaq is: 3. Power to make a declaration Section-5. 2. 3. Article 25 1. Nihal v. State held that as per Section 2 of the Shariat Act, 1937 and Section 6 of Guardians and Wards Act, 1890, Muslim personal law will prevail over any question of guardianship and custody. Statement of Objects and Reasons. 2. Statement of Objects and Reasons. The words "in the Provinces of India" omitted by the A.O. Here, a petition for restitution of conjugal right is filed by the husband and the husband accuses his wife for adulterous conduct. 4. (2) It extends to the whole of India except the State of Jammu and Kashmir. Dissolution of marriage by Court in certain circumstance Contents The Muslim Personal Law (Shariat) Application Act, 1937 (Relevant Sections) 2. Personal Law (Shariat) Application Act, 1937 (hereinafter referred to as the ‘said Act’) shall, in its application to the State of Kerala, be amended in the manner hereinafter provided. In this Act, unless there is anything repugnant in the subject or context. (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:—. Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 5. Under section 2 of the Muslim Personal Law (Shariat) Application Act, 1962, the rule of decision shall be the Muslim Personal Law (Shariat) in cases where parties are Muslim. The petition seeks removal of Section 494 of the IPC and Section 2 of Muslim Personal Law (Shariat) Application act, 1937 which recognizes practice of Bigamy/Polygamy in Muslim community. 1950. [Substitution of new section for section 2, Central Act XXVI of 1937.] XXVI OF 1937) [7th October, 1937] ... 1973 (Act No. (a) Section 2 of the Shariat Act provides that in a case where both the parties are Muslims the rule for decision shall be Muslim Law, if the case involves any of the following matters: Intestate succession (i.e. Section 4 in The Muslim Personal Law (Shariat) Application Act, 1937. 2. 1950, for the words "all the Provinces of India". (a) Section 2 of the Shariat Act provides that in a case where both the parties are Muslims the rule for decision shall be Muslim Law, if the case involves any of the … (1) This Act may be called MUSLIM PERSONAL LAW (SHARIAT) ACT, 1937. Section 2 of ‘Muslim Personal Application Act (Shariat), 1937’ which is interpreted by the All-India Personal Law Board is binding to the Muslims in India. Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, states, “Notwithstanding any customs or usage to the contrary in all questions (save questions relating to agriculture land) regarding intestate succession, special property of females, The Act under Section 2 provides for ten grounds for obtaining decree for the dissolution of … Foot Notes. 26 of 1937 dated 7th. VOL. October, 1937] 1 An Act to make provision for the application of the Muslim Personal Law (Shariat) to Muslims 2[***] WHEREAS it is expedient to make provision for the application of the Muslim Personal Law (Shariat) to Muslims 2… 1950, for the words "all the Provinces of India". 2. The words "in the Provinces of India" omitted by the A.O. She sought a declaration that the talaq-e-biddat pronounced by her husband was void ab initio and that section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 (Shariat Act), to that extent was unconstitutional. The fundamental right to practice, profess and propagate religion is enshrined in Article 25 of the Constitution. “Article 25 of the Constitution of India 1949” 4. This part of Section 494 protects bigamous marriage among Muslim men since their personal law gives sanction for such marriages and it is the Muslim personal law which governs Muslims in matters of marriage and divorce due to Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937. Since, it is Section 2 of the Muslim Personal Law (Shariat) Application Act,1937 which makes Sharia law applicable to Muslim Bigamy marriages and divorce, that provision has also been challenged for violation of Article 14. Christianity is India’s third largest religion after Hindu and … She requested the court that Section 2 of Muslim Personal Law (Shariat) Application Act, 1937, be declared arbitrary and violation of Articles 14, 15, 21 and 25 of the Constitution. 2. Highlighting this, the Court pointed out that Section 2 of the Shariat Act specifically recognized all modes of extra-judicial divorce except Faskh. THE MUSLIM PERSONAL LAW (SHARIAT) APPLICATION ACT, 1937 (ACT NO. 2. (2) It Application of personal law to Muslims.—Notwithstanding any custom or usage to the +.5c- ˚ d˝ ˇ ˘ d1.1˙ ' ˙ '( ˆ˙ ˘ ˝ ˘˛ ˚˜ ˘ ˇ ˜ ˇ - +.2/- ˚ d˝ d1 +c1, ' ˇ - 8 ˙ ˚ d˜/ ˇ /0 a 8 ˘-8 ; ˘ ; ˙ ˇ - +<<0d '( ˆ˙ ˘ ˝ ˘ ˛ ˚ ˜ ˘ˇ ˜ ˇ -+.2/1, ˇ 8 ˇ /0 ˇ 1 Muslim Personal Law (Shariat) Application Act, 1937. 3 *** 4. Definition. 26 OF 1937 posted 29 Mar 2011, 06:34 by advocatemmmohan Mandagaddi murali mohan MUSLIM PERSONAL LAW (SHARIAT) APPLICATION ACT 1937 ... (2) Section 16 of the Madras Civil Courts Act, 1873 (3 of 1873); 1* * … October, 1937] 1 An Act to make provision for the application of the Muslim Personal Law (Shariat) to Muslims 2[***] WHEREAS it is expedient to make provision for the application of the Muslim Personal Law (Shariat) to Muslims 2… Sameena Begum now faces death threats and is unable to leave her house. For all latest news, follow The Daily Star's Google News channel. The petitioner, Ashwini Kumar Upadhyay, has separately sought Uniform Grounds of Divorce, seeking Court intervention in matrimonial Muslim Personal Law, challenging Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, as unconstitutional and violative of Article 14, 15, 21 of the Constitution, insofar as it seeks to recognize and validate the practice of Polygamy and Nikah-Halala. CHRISTIANS. [Omitted] An Act to make provision for the application of the Muslim Personal Law (Shariat) to Muslims in… It was also her contention, that such a divorce which abruptly, unilaterally and irrevocably terminates the ties of matrimony, purportedly under Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 (hereinafter referred to as, the Shariat Act), be declared unconstitutional. II. XXVI OF 1937) [7th October, 1937] ... 1973 (Act No. 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 person who at the time of such acquisition was a … Short title and extent . MUSLIM PERSONAL LAW (SHARIAT) APPLICATION ACT 1937 - ACT No. 2. 2. Section 2 and 3 of The Muslim Personal Law (Shariat) Application Act, 1937 are extracted hereunder for ready reference: 2.Application of Personal law to Muslims.—Notwithstanding any custom or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate succession, (S. 2) It will be seen that the matters enumerated above together constitute practically the whole branch of personal law, and hence, the Act is called the Muslim Personal Law Application Act. Sushil Kumari Dang v. Prem Kumar. Pursuant to the aforesaid events, the Petitioner preferred a writ petition no. Since we have declared Section 2 of the 1937 Act [Muslim Personal Law Shariat Application Act, 1937] to be void to the extent indicated above on the narrower ground of it being manifestly arbitrary, we do not find the need to go into the ground of discrimination in these cases.” WHEREAS it is expedient to make provision for the application of the Muslim Personal Law (Shariat) to Muslims[3] [* * * * *]; It is hereby enacted as follows:-- Section 1 - Short title and extent (1) This Act may be called the Muslim Personal Law (Shariut) Application Act, 1937. VIII of 1973) 2 Sub-section (2) was substituted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. Section 2 of the Shariat Act provides that in a case where both the parties are Muslims the rule for decision shall be Muslim Law, if the case involves any of the following matters: Intestate succession (i.e. 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:― may by declaration in the prescribed form and filed before the prescribed authority declare that he desires to obtain the benefit of 2 [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. Thus, the 1976 judgment foreclosed the modes of divorce available to Muslim women under Islamic Law without intervention of the Court/Kazi as recognized under Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 (1937 Act), particularly in the State of Kerala. It is hereby enacted as follows: (1) The Act may be called The Muslim Personal Law (Shariat) Application Act, 1937. 3. The Shariat Act, 1937, is Landmark Legislation in the History of Muslim Law 12 Oct 2018 by admin The place of the different enactments authorising and regulating the application of Muslim law to Muslims in the different States of India is now taken by the Muslim Personal Law (Shariat) Application Act, 1937. (2) It extends to the whole of India 2 [except the State of Jammu and Kashmir] 3* * *. 1950. The Muslim Personal Law (Shariat) Application Act, 1937 [Act No. 4. This Act has been amended in Madras by Madras Act 18 of 1949. 3. Power to make a declaration. 3. Code of Criminal Procedure, 1973, section 127 (3) (b) read with section 2 of the Shariat Act XXVI of 1937-Whether section 127 (3) (b) debars payment of maintenance to a divorced wife, once the Mahar or dower is paid-Whether the liability of the husband to maintain a divorced wife is limited to the period of "iddat" Nature of Mahr or dower-Whether Mehr is maintenance. Sameena claims they seek to recognise and validate polygamy and nikah halala. 3. “Section 2 of the Shariat Act statutorily recognised the personal law and dissolution of marriages without intervention of court through talaq, ila, zihar, lian, khula and mubaraat, etc.” The court outlined talaq-e-tafwiz , khula , mubaraat and faskh as four … (1) This Act may be called The Muslim Personal Law (Shariat) Application Act , 1937. Short title and extent. +.2/˜+6 +.2/ - ˚ d ˇ d1 <1˙' ˙ '( ˛ ˚? [Act No. VIII of 1973) 2 Sub-section (2) was substituted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. A petition was filed by five individuals through Advocate Vishnu Shankar Jain, in the Supreme Court of India, where the petitioners had requested to strike down Section 494 of Indian Penal Code, 1860 and Section 2 of Muslim Personal Law (Shariat) Application Act, 1937, because both these section allows a Muslim man to take more than one wife. - The Muslim Personal Law (Shariat) [Application] Act, 1937 (Central Act XXVI of 1937) (hereinafter referred to as the said Act), shall, in its application to the [State of Tamil Nadu], be amended in the manner hereinafter provided. (1) The State Government may make rules to carry into effect the purposes of this Act. Section 2.A(b), West Pakistan Muslim Personal Law (Shariat) Application .Act, 1962, further provides that any decree, judgment or order of any Court affirming the right of any reversioner under custom or usage to call in question alienation of land whether inherited or acquired would be void, in executable and of no legal effect to the extent it was contrary to West Pakistan Muslim Personal Law (Shariat) Application Act. Application of Personal Law to Muslims Section-3. (2) It extends to the whole of India [except the State of Jammu and Kashmir] [* * *]. Amendment of section 1 of Act XXVI of 1937. The petition has sought striking down Section 2 of Muslim Personal Law (Shariat) Application Act, 1937 which recognises the system of bigamy or polygamy prevalent in Muslim community. Sharaya Bano was divorced by her husband, Rizwan Ahmad, pronouncing “talaq, talaq, talaq” on 10 October 2015. In doing so, the Court opened the door to subject other Muslim marriage laws to the constitutional provisions on gender equality. Short title and extent. The court invalidated Section 2 of Shariat Application Act, 1937 to the extent it enforces “triple talaq”. Section 2 in The Muslim Personal Law (Shariat) Application Act, 1937. 1. Section 2. may by declaration in the prescribed form and filed before the prescribed 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. October, 1937]1. XXVI OF 1937) [ 7th October, 1937 ] CONTENTS SECTIONS 1.Short title and extent 2.Application of Personal Law to Muslims 3.Power to make a declaration 4.Rule-making power 5. Power to make a declaration (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 Contract Act, 1872, and (c) that he is a resident of 6[the territories to which this Act extends] Provision of S. 2.A(b) of the Act … — (1) This Act may be called the Muslim Personal Law (Shariat) Application Act, 1937. The petitioner is a Muslim woman who was aged 27 years at the time of her (2) It extends to the whole of India 2 [except the State of Jammu and Kashmir]. The Muslim Personal Law (Shariat) Application Act, 1937 allows muslims to follow their personal laws in respect of certain subjects. Short title and extent . WHEREAS it is expedient to make provision for the application of the Muslim Personal Law (Shariat) to Muslim. The Muslim Personal Law (Shariat) Application Act, 1937 3. The Act also repealed the Shariat Application Act, 1937. An Act to make provision for the application of the Muslim P ersonal La w (Shariat) to Muslims WHEREAS it is expedient to make provision for the application of the Muslim Personal Law (Shariat) to Muslim.
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