The Muslim Personal Law (Shariat) Act: An Overview

Prior to the 1947, religious rules with ties to long−standing conventions effectively governed topics pertaining to inheritance, succession, marriage, divorce, family relationships, and dower. Due to the underlying philosophies used to create these types of regulations, they are frequently subject to change by different legislation. The Muslim Personal Law (Shariat) Act, which was enacted in 1937, was created with the intention of eradicating Muslim−specific customs. Previously, the North−West Frontier Province was exempt from this Act's application because of a piece of independent law known as the NWFP Muslim Personal Law (Shariat) Application Act, 1935. But as of right now, Section 1(2) of the Act states that the Act of 1937 covers whole India.

Subjects of the Act

The provision reads as− "Notwithstanding any customs 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, illa, zihar, lian, khula, and mubaraat, maintenance, dower, guardianship gifts, trusts and trust properties, 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).

Table of Contents

Total chapters that described in the act are −

Sections	Particulars
1	Short title and extent
2	Short title and extent
3	Power to make a declaration
4	Rule−making power
5	[Repealed]
6	Repeals

Subject matters are covered under the Act

Thus, topic areas under its purview are as follows −

Power to make rules under the Act

The government could create regulations to implement the requirements of this Act. In particular, and without limiting the generality of the aforementioned powers, such rules may address all or any of the following issues −

• The authority before which declarations made under this Act shall be made;

• Fees for filing declarations and attending at a person's home while performing duties under this Act; and prescribing the manner in which declarations made under this Act shall be made.

• Rules made by the authorities under this Act must be presented to the State Legislature as soon as they are made, and they must be published in the Official Gazette to have the same effect as if they had been passed into this Act.

• The marriage is annulled by the court under certain circumstances that are not expressly defined or expressed.

Conclusion

Since the Muslim Personal Law (Shariat) Act of 1937 was an act of the Central legislature, it was not permitted to consider creating state laws because they already existed. As a result, relevant topics like philanthropic organisations, endowments for charities, and agricultural property were not discussed. This has three ramifications, namely −

• The Act's goal of establishing equal rights for men and women, which were constrained by the application of customary rules, was not accomplished.

• Under the jurisdiction granted by the Shariat Act of 1937, courts will not be permitted to apply Muslim Law in conflicts involving agricultural property, charity endowments, or charities.

• State legislatures have the power to create legislation on these topics because there are no provincial laws covering these three topics. For instance, Muslims in the State of Tamil Nadu are subject to Muslim personal law when it comes to issues involving agricultural land because Section 2 of the Act of 1937 was amended to include these issues, which are not generally covered by the Act.

Considering these three flaws, it may be claimed that although the law appears to move with societal change, it actually moves backwards due to the accompanying obstacles.

Frequently Asked Questions

Q. What is not covered by the 1937 Shariat Act?

The Central Legislature passed the Shariat Act in 1937, although it was not within its purview to pass legislation covering provincial (state) matters. Agricultural lands, charities, and charity endowments had specifically excluded from Section 2 of the Act because they are provincial (state) matters.

Q. Who had founded the Muslim Personal Law Board? 

During the administration of Prime Minister Indira Gandhi, the All−India Muslim Personal Law Board was established, under the supervision of Faizur Rahman. According to him, the majority of Muslims adhered to Islamic law rather than the Hindu civil code. The Board positions itself as the dominant voice of Muslim opinion in India, a claim that has drawn both support and criticism.

Q. Does Islam follow Sharia law?

Islamic law and sharia are not the same thing. Muslims hold that Islamic laws are those that are based on interpretations of sharia, whereas sharia is thought to relate to the perfect, immutable principles understood only by God. Arabic language proficiency, legal theory expertise, and in−depth knowledge of the Quran and Sunna are all required for properly interpreting Sharia.

Q. What are the five points of Sharia laws?

The protection of moral religious practise, life, sanity, the family, and individual and collective wealth are the five main objectives of Sharia. One of the five essential maxims of Sharia, according to all Islamic schools of law, is the recognition of good local customs everywhere. 

Q. What are the four sources of Islamic law?

The Holy Book (The Quran), The Sunnah (the customs and recognised practises of the Prophet Muhammad), Ijma' (Consensus), and Qiyas are the main sources of Islamic law (Analogy).