#THE MUSLIM PERSONAL LAW (SHARIAT) APPLICATION ACT, 1937
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##ARRANGEMENT OF SECTIONS
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###SECTIONS 

1. Short title and extent.
2. Application of Personal Law to Muslims.
3. Power to make a declaration.
4. Rule-making power.
5. [Repealed].
6. Repeals. 


 
#THE MUSLIM PERSONAL LAW (SHARIAT) APPLICATION ACT, 1937 

##ACT NO. 26 OF 1937 

[7th October, 1937.]

An Act to make provision for the application of the Muslim Personal Law (Shariat) to Muslims.

WHEREAS it is expedient to make provision for the application of the Muslim Personal Law (Shariat) 
to Muslims ; It is hereby enacted as follows:— 

1. **Short title and extent.**—(1)  This  Act  may  be  called  the  Muslim  Personal  Law  (Shariat) 
Application Act, 1937.

(2) It extends to the whole of India. [^5]

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,  special 
property of females, including personal properly inherited or obtained under contract or gift or any other 
provision of Personal Law. 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 institutions and charitable and religious endowments) the rule of decision in cases 
where 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  the 
contrary,  in  all  questions  regarding  intestate  succession,  special  property  of  females  including  personal 
property  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  institutions 
and 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.]

[^5]. In its application to Pondicherry. In section 1, after sub-section (2), the following shall be inserted— 
“Provided that nothing contained in this act shall apply to the Renoncants of the Union territory  of                                     
Pondicherry.”—(Vide Act 26 of 1968.)

The  Act  has  been  extended  to  Dadra  and  Nagar  Haveli  by  Reg.  6  of  1963,  s.  2  and  Sch.  I  and  to  the  whole  of  the  Union 
territory of Lakshadweep by Reg. 8 of 1965, s. 3 and Sch.


                                                           
3. **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 (9 of 1872), and 

(c) that he is a resident of 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 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.

(2) Where  the  prescribed  authority  refuses  to  accept a  declaration  under  sub-section  (1),  the  person 
desiring to make the same may appeal to such office as the State Government may, by general or special 
order, appoint in this behalf, and such officer may, if he is satisfied that the appellant is entitled to make 
the declaration, order the prescribed authority to accept the same. 

4. **Rule-making power.**—(1) The State Government may make rules to carry into effect the purposes 
of this Act.

(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:— 

(a) for  prescribing the authority before whom and the form in which declaration under this Act 
shall be made; 

(b)  for  prescribing  the  fees  to  be  paid  for  the  filing  of  declarations  and  for  the  attendance  at 
private residences of any person in the discharge of his duties under this Act; and for prescribing the 
times 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  and 
shall thereupon have effect as if enacted in this Act. 

(4)  Every  rule  made  by  the  State  Government  under  this  Act  shall  be  laid,  as  soon  as  it  is  made, 
before the State Legislature.

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

6. Repeals.—The under mentioned provisions of the Acts and Regulations mentioned below shall 
be repealed in so far as they are inconsistent with the provisions of this Act, namely:— 

(1) Section 26 of the Bombay Regulation IV of 1827; 

(2) Section 16 of the Madras Civil Courts Act, 1873 (3 of 1873); 

(4) Section 3 of the Oudh Laws Act, 1876 (18 of 1876);

(5) Section 5 of the Punjab Laws Act, 1872 (4 of 1872);

(6) Section 5 of the Central Provinces Laws Act, 1875 (20 of 1875); and 

(7) Section 4 of the Ajmere Laws Regulation, 1877 (3 of 1877).