N.W.F.P. MUSLIM PERSONAL LAW(SHARIAT) APPLICATION
(ACT NO. VI OF 1935)
(6th December, 1935)
An Act to make provision for the
Application of the Muslim Personal Law
(Shariat) in the N.W.F.P.
Preamble. Whereas it is expedient to make provision for the application of the Muslim Personal Law (Shariat) in the N.W.F.P. it is hereby enacted as fellows: —
1. Short title, commencement and extend.
(1) This Act may be called the Muslim Personal Law (Shariat) Application Act of 1935.
(2) It shall come into force at once.
(3) It extends to the whole of the N.W.F.P.
2. Decision in certain cases to be according to Muslim Personal Law. — In questions regarding succession, special property of females, betrothal, marriage, divorce, dower guardianship, minority, bastardy, family relations, wills, legacies, gifts or any religious usage or institution including waqf (trust and trust property), the rule of decision shall be the Muslim Personal Law (Shariat), in cases where the parties are Muslim.
Exception:- in so as for as such law has been altered or abolished by legislative enactments or is opposed to the provisions of the N.W.F.P. Law and Justice Regulation, 1901.
3. Repeal of provision of previous law.
(1) On and from the day of the enforcement of this Act, Section 27 of the N.W.F.P. Law and Justice Regulation (No. VII of 1901) shall be replaced in so far as the Muslims are concerned.
(2) Whenever a question relating to the succession upon the death of a Muslim arises in any court, the rule of decision shall be according to Muslim Personal Law (Shariat) as if that law had been applicable at the time of such death.
(1) In respect of immovable property held by a Muslim female as a limited owner under the customary law, the persons entitled to succeed to such property upon the termination of the limited interest of the female shall be those persons who would have been entitled to succeed at the time of the death of the last full owner had the Muslim Personal Law (Shariat) been the rule of decision governing the succession upon such death.
(2) If any person entitled to succeed under sub-section (1) dies before the termination of the said limited interest the share which he would have takes had he succeeded and the heirs entitle to succeed to that share shall be ascertained as follows, that is to say, he shall be deemed to have died immediately after the termination of the said limited interest and the rule of decision governing the succession upon his death shall be deemed to have been the Muslim Personal Law (Shariat).
Provided that the share which the female limited owner would have taken had the Muslim Personal Law (Shariat) been the rule of decision governing the succession upon the death of the last full owner shall devolve on her if her limited interest in the property terminates by reason of her marriage or remarriage, and on her heirs under the Muslim Personal Law if her limited interest terminates by reason of her death.