|
|
|
Back
|
|
|
|
The Muslim Family Laws Ordinance, 1961
|
|
Muslim Family Laws Rules, 1961
|
|
Muslim Marriages and Divorces Registration Act, 1974
|
|
Muslim Marriages and Divorces Registration Rules, 1975
|
|
Dissolution of Muslim Marriages Act, 1939
|
|
The Muslim Personal Law (Shariat) Application Act, 1937
|
|
The Child Marriage Restraint Act, 1929
|
|
Dowry Prohibition Act, 1980
|
|
The Hindu Married Women Right to Separate ................. Act, 1946
|
|
The Hindu Widows' Re-marriage Act, 1856
|
|
THE MUSLIM PERSONAL LAW (SHARIAT)
APPLICATION ACT, 1937 (1)
[ACT NO. XXVI OF 1937 (2)]
|
An Act to make provision for the application of the Muslim Personal Law (Shariat) to Muslims in [Bangladesh].
Whereas it is expedient to make provision for the application of the Muslim Personal Law (Shariat) to Muslims in Bangladesh (3); 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 [Bangladesh] (4).
|
2.
3. |
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 property 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 mubara'at, 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).
Power to make a declaration—(1) Any person who satisfies the prescribed authority— |
|
|
(a)
(b)
(c) |
that he is a Muslim, and
that he is competent to contract within the meaning of section 11 of the Contract Act, 1872, and
that he is a resident of [Bangladesh], (5) |
|
|
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] (6), 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 officer as the Government
(7) 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 [Government] (8) may make rules to carry into effect the purposes of this Act:
|
|
|
(2)
(a)
(b)
(3) |
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:—
for prescribing the authority before whom and the form in which declarations under this Act shall be made:
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.
Rules made under the provisions of this section shall be published in the official Gazette and shall thereupon have effect as il enacted in this Act.
|
5.
6. |
[Dissolution of marriage by Court in certain circumstances.] Rep. by the Dissolution of Muslim Marriages Act, 1939 (VIII of 1939). section 6.
********* (9) * * *
|
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
|
Vide the Unrepeated Central Acts. Vol IX. page 234.
For statement of objects and reasons, see Gazette of India. 1935. PTV. p. 136, and for Report of Select Committee, see ibid, 1937. Pt. V. p, 235. This Act, has been applied to the partially excluded areas of the Mymensingh District from the 20th January, 1944, see Bengal Government Notification No 131-F. dated the 15th January, 1944.
Subs. by Act VI11 of 1973 as amended by Act LI 11 of 1974 (w.e.f the 26th March, 1971). for "Pakistan".
Subs. ibid, "sub-section (2)".
Subs, by Act VIII of 1973, as amended by Act LIII of 1974 (w. e. f. the 26th March, 1971). for "Pakistan".
Subs, by Act XVI of 1943, section 2. for "this Act".
Subs, by Act VIII of 1973, as amended by Act LIII of 1974 (w.e.f. the 26th March, 1971), for "Provincial Government".
Substituted by Act VIII of 1973 as above.
Section 6 which repealed the Bombay Regulation Act IV of 1827 and section 5 of the Punjab Laws Act. 1872 was omitted by Act VIII of 1973, as amended by Act LIII of 1974 (w. e. f. the 26th March. 1971).
|
|
|
|
|