Muslim Personal Law
(Shariat) Application Act, 1937, which is extracted herein below:
"2. Application of Personal Law to Muslims Notwithstanding any
customs or usage ... rule of decision in cases where the parties are
Muslims shall be the Muslim Personal Law (Shariat).
Page 24 of 61
HC-NIC Page
that the parties are governed by the Muslim Personal Law.
The Personal Law permits the Muslim husband to get married for four
times. In other ... marriage.
15. A learned commentator and exponent of Muslim Law Tyabji in his
book 'Muslim Law' observes that marriage brings about a relation
raise any defence under the Muslim personal law. In the
decision, the legal question was: when the personal law makes a provision for
maintenance ... public
order. The personal law operates under the authority of the legislation and
not under any religion and, therefore, the personal law can always
Personal Law applicable to her".
Therefore, in case of a conflict between the Statutory Law and
Personal Law it will be the Statutory Law ... statutory law is contra to the Personal Law or vice versa which law shall
prevail.
Ameer Ali in his commentaries on Mohammedan Law while dealing
also submitted that after coming into
force, the J&K Muslim Personal Law (Shariat) Application Act,
2007 (for short Act of 2007), the inheritance ... matters are
strictly governed by the Muslim Personal Law.
Learned counsel submitted that Mst. Khurshi
predeceased Salam Rather, her brother thus respondent no. 3
would
also submitted that after coming into
force, the J&K Muslim Personal Law (Shariat) Application Act,
2007 (for short Act of 2007), the inheritance ... matters are
strictly governed by the Muslim Personal Law.
Learned counsel submitted that Mst. Khurshi
predeceased Salam Rather, her brother thus respondent no. 3
would
deceased. As late Sadath
Khatoon was a Muslim and was governed by the Muslim Personal
Law / Mahommedan Law, it was contended that Sri Karam ... Muslim Law have not been
followed so as to contend before us that assessee is governed by the
Muslim Law. May be, his personal rights
other than sons
by birth are are wholly unknown to muslim Law. So,
a person can be the child of the woman who has given ... deceased employee, not being his natural son
under the Muslim Personal Law. In other words,
whether the Muslim Personal Law recognizes filial
relationship
based on the
marriage laws applicable to the parties as per Muslim
personal law, a Muslim person is permitted to conduct
four marriages ... event of a Muslim man performs
a second marriage.
9. Muslim personal law allowed a Mohammadan to
take four wives together. The challenge to Section
based on the
marriage laws applicable to the parties as per Muslim
personal law, a Muslim person is permitted to conduct
four marriages ... event of a Muslim man performs
a second marriage.
9. Muslim personal law allowed a Mohammadan to
take four wives together. The challenge to Section
