The Muslim Personal Law (Shariat) Application Act, 1937 (MPLA) — Bare Act, All Sections & Free PDF
मुस्लिम व्यक्तिगत कानून (शरियत) लागूकरण अधिनियम, 1937
Overview
Enacted in 1937, the Muslim Personal Law (Shariat) Application Act legally directs the application of Islamic Shariat law to Muslims in India. Its purpose is to override customary laws in matters like marriage, divorce, and inheritance. Applicable nationwide, this crucial legislation ensures that Muslim personal disputes are resolved strictly according to Quranic principles, thereby protecting religious identity and enforcing jurisprudence.
1937 में लागू, मुस्लिम व्यक्तिगत कानून (शरियत) लागूकरण अधिनियम भारत में मुस्लिमों पर इस्लामी शरियत कानून लागू करता है। इसका उद्देश्य विवाह, तलाक और विरासत में पारंपरिक कानूनों को खत्म करना है। यह देशव्यापी अधिनियम सुनिश्चित करता है कि मुस्लिम व्यक्तिगत विवाद कुरानिक सिद्धांतों के अनुसार हल हों। यह धार्मिक पहचान की रक्षा करते हुए इस्लामी न्यायशास्त्र लागू करता है।
What is MPLA
The Muslim Personal Law (Shariat) Application Act, 1937 is a pivotal Indian legislation that mandates the application of Islamic Shariat law to Muslims in personal matters. Officially enforced on October 7, 1937, this Act was enacted to abolish the application of rigid customary laws that often conflicted with Islamic principles.
It did not replace a single prior statute but overrode prevailing local customs among Muslims regarding inheritance, marriage, and divorce. Its primary objective is to ensure that Muslim personal disputes are governed strictly by Muslim personal law, derived from the Quran and Sunnah.
The Act explicitly states that regardless of any custom to the contrary, matters relating to inheritance, special property of females, marriage, divorce, and maintenance shall be governed by Shariat law. By replacing un-Islamic customs with divine Islamic jurisprudence, the Act protects the property rights of Muslim women and ensures the community adheres strictly to its religious framework.
Explanation
The Muslim Personal Law (Shariat) Application Act, 1937 provides a concise yet profound legal framework comprising six sections. Its scope specifically applies to Muslims in India, overriding customary laws to enforce Shariat in matters like marriage, divorce, and inheritance.
Key provisions in Section 2 mandate that irrespective of any contrary custom, Muslim personal law shall govern questions regarding intestate succession, special property of females, and matrimonial reliefs. A significant structural aspect of the Act is its limited application to agricultural land, which state laws often exclude.
While the Act itself has not undergone sweeping legislative amendments, its interaction with subsequent legislation creates structural shifts. The Dissolution of Muslim Marriages Act, 1939, acts as a companion law, specifically codifying a Muslim woman’s right to seek divorce, complementing the 1937 Act.
The Muslim Women (Protection of Rights on Divorce) Act, 1986, further intersects by governing post-divorce maintenance. Within the Indian justice system, this Act plays a crucial role in family court litigation by establishing religious law as the primary dispute resolution mechanism for Muslims. It protects the distinct cultural identity of the community, safeguards women’s Quranic inheritance rights against patriarchal customs, and ensures that civil courts apply authentic Islamic jurisprudence over traditions.
All Sections
Section 1 to Section 6 (6 Sections)
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 1 [2***]. 3*** 4
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.]
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 1[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 2[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.
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.
1[(4) Every rule made by the State Government under this Act shall be laid, as soon as it is made, before the State Legislature.]
[Repealed].
[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).
Repeals.
1[The undermentioned 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);
2** * * *
(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).
Disclaimer: This bare act is reproduced for general informational and reference purposes only and does not constitute legal advice. Always verify provisions against the latest official gazette and consult a qualified advocate before relying on any section.