Muslim ‘personal law’:
22. It would be relevant to record, that ‘personal law’
dealing with the affairs of those professing the Muslim religion,
was also ... India, Muslim women organisations
condemned customary law, as it adversely affected their rights,
under the ‘Shariat’. Muslim women claimed, that the Muslim
‘personal law
marriage or by any other person, to either party to the marriage or to any other person, at or before or any time after ... include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies. *** Explanation II.— The expression “valuable security
consequences under the Muslim law which has
been expressly protected by section 2 of the Muslim Personal
Law (Shariat) Application Act, 1937-an Act which ... under the Muslim law which has been expressly protected
by s. 2 of the Muslim Personal Law (Shariat)
Application Act, 1937 -an Act which
Muslim personal law may be considered
a personal matter by Chagla it was considered
to be "the law of God" by Muslims ... person unfit to get the support of "any Muslim".
He said :
"It is true that Muslim personal law is apart
rule of decision in
cases where the parties are Muslims shall be
the Muslim Personal Law (Shariat)."
Under the Shariat Act ,, 1937, as framed ... including wakfs where the parties to the
dispute are Muslims is the Muslim Personal Law. The, terms
of the Act as amended are explicit. Normally
Section 2 in The Muslim Personal Law (Shariat) Application Act, 1937
2. Application of Personal law to Muslims.—
Notwithstanding any custom or usage ... rule of decision in cases where the parties are Muslims shall be the Muslim Personal Law (Shariat) . [Triple Talaq - Shayara Bano v Union of India
application of customary law as part of muslim
law was set at rest by the enactment of The
Muslim Personal Law (Shariat) Application ... rule of decision in cases where
the parties are Muslims shall be the Muslim
Personal Law ( Shariat ).
The key words are ―notwithstanding any customs
Section 3 in The Muslim Personal Law (Shariat) Application Act, 1937
3. Power to make a declaration.—
(1) Any person who satisfies the prescribed authority ... that he is a Muslim; and (b) that he is competent to contract within the meaning of section 11 of the Indian Contract
that Muslim
Personal Law (Shariat) Application Act, 1937 came into existence only for
the purpose of making the Personal Law applicable to Muslims and certain ... law of Muslims in India
has not so far been codified by statute. The principal preconstitutional
enactments governing Muslim Family Law being Muslim Personal Law
decision in
cases where the parties are Muslims shall be the
Muslim Personal Law (Shariat)".
(emphasis supplied)
22. Sec.2 of the Act cannot ... which stipulates that
payments made under the personal law (the Act is a piece of
statutory personal law) by a former husband can absolve
