This act ensures that Muslims in India are governed by Islamic personal laws (Shariat) in matters like
- Marriage
- Divorce
- Inheritance
- Wills
- Gifts
- Guardianship
Before this law, many personal issues were decided using customs and local practices, which often went against Islamic teachings. This Act made sure that Shariah (Islamic law) is applied uniformly to Muslims across India in their personal matters.
Key Points:
- Applies only to Muslims (Sunni & Shia) in India.
- It does not cover criminal law—only personal and family matters.
- Gives authority to Islamic law instead of traditional/customary practices.
- Does not apply to Scheduled Tribes unless the government notifies them.
Muslim Personal Law (Shariat) Act, 1937 – FAQs
- What is the Muslim Personal Law (Shariat) Act?
It’s a law that says Muslim personal matters (like marriage, divorce, inheritance) should follow Islamic law (Shariat). - Who does this law apply to?
It applies only to Muslims in India (both Sunni and Shia). - What matters does the Act cover?
It covers marriage, divorce, maintenance, inheritance, property, gifts, wills, guardianship, etc. - Does it apply to criminal cases?
No. Only personal and family matters. - Why was this Act made?
To make sure that Islamic law is followed in personal matters instead of local customs or mixed traditions. - Does it apply to all Muslims automatically?
Yes, unless they belong to certain Scheduled Tribes, which are exempt unless notified by the government. - Can a Muslim woman get maintenance under this law?
Yes, but only during the iddat period after divorce. For long-term maintenance, she must approach other laws or courts. - Can Muslim women inherit property under this law?
Yes, but the shares are defined in the Quran, and they are usually less than the male’s share. - Can customs override this Act?
No. The Act was made to stop customs from taking over religious law. - Can a Muslim couple marry under this Act?
No, this Act doesn’t register marriages. They marry under Muslim marriage law (Nikah), and this Act governs related personal matters. - Does this Act allow polygamy?
Yes, as per Shariat, a Muslim man can marry up to four wives, but only under certain conditions. - Can Muslim women seek divorce under this Act?
Yes, but they usually use the Dissolution of Muslim Marriages Act, 1939, for legal divorce rights. - Are live-in relationships covered?
No, live-in relationships are not addressed in Islamic law or this Act. - What happens if a Muslim writes a will?
They can only will up to one-third of their property unless other heirs agree. - Is adoption allowed under this law?
Traditional adoption (like Hindu law) is not recognized. Only guardianship is practiced. - Are Muslim women treated equally under this Act?
The law gives rights but follows Islamic principles, where some rights are not equal, like inheritance shares. - Can this law be challenged in court?
You can challenge unfair implementation, but the law itself is protected under the Constitution’s religious freedom. - Does the Uniform Civil Code (UCC) affect this Act?
If UCC is applied, it will replace this Act with common laws for all religions in personal matters. - Is this Act still relevant today?
Yes. It is still used in courts when deciding Muslim family disputes. - Can non-Muslims use this law?
No. It is only for Indian Muslims.
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