Muslim Personal Law

Muslim Personal Law means that part of Muslim Law (Shariat) applicable in India which can be enforceable through Courts of Justice in India. Shariath law as a whole is not applicable in India. That part of Muslim law applicable in India is called Muslim Personal Law.

The applicability of Muslim Personal Law in India is according to the provisions of the Muslim Personal Law (Shariat) Application Act 1937. The name ‘Muslim Personal Law’ itself is taken from the name of the Act. It is a special statute which provides how much of the law of ‘Shariath’ is applicable to Muslims in India. The Act has only six sections and section 2 says that, 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 Law, marriage, dissolution of marriage, maintenance, dower, guardianship, gifts, trusts and trust properties, and wakfs the rule of decision in cases where the parties are Muslims shall be the Muslim Personal Law (Shariat).

On the above matters, ‘Shariath’ law is applicable to Muslims in India which is called Muslim Personal Law. Muslim Personal Law in India is not codified. It was the task of our courts to findout the provision of Muslim Law from various authorities of Muslim law. This humble work is to codify the Muslim Personal Law of India.

The Islamic code called ‘Shariat’ is of divine origin. It is the epitome of justice and volition of Allah for the human kind. The word ‘Shariat’ means trodden path. The Holy Qur-an says, “Allah created the heavens and the earth in six days and then (the seventh day) firmly established on the Throne1” “And the number of the months in the sight of Allah is twelve so ordained by Him, the day he created the Heavens and the Earth”2. Therefore, from the beginning of the world, the number of days (in a week) is seven and number of months (in a year) is twelve. Thus all laws affecting human being is nothing but ‘Shariat’.