Tamil nadu act 018 of 1949 : Muslim Personal Law (Shariat) Application (Tamil Nadu Amendment) Act, 1949

Preamble

[Muslim Personal Law (Shariat) Application (1[Tamil Nadu] Amendment) Act, 1949]*

1[Tamil Nadu Act No. 18 of 1949]2[12th July, 1949]

An Act to amend the Muslim Personal Law (Shariat) Application Act, 1937 (Central Act XXVI of 1937), in its application to the 3[State of Tamil Nadu].

Whereas it is expedient to amend the Muslim Personal Law (Shariat) Application Act, 1937 (Central Act XXVI of 1937), in its application to the 3[State of Tamil Nadu] in the manner hereinafter appearing; It is hereby enacted as follows:-

1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

2 For Statement of Objects and Reasons, see, Fort St. George Gazette dated the 3rd February, 1948, Part IV-A, pages 54-55.

This Act was extended to the Kanyakurnari district and the Shencottah taluk of the Tirunelveli district by section 3 of, and the First Schedule to, the Tamil Nadu (Transferred Territory) Extension of Laws Act, 1960 (Tamil Nadu Act 23 of 1960).

3 This expression was substituted for the expression "Province of Madras" by, paragraph 3(2) of the Tamil Nadu Adaptation of Laws Order, 1970.

* Received the assent of the Governor-General on the 4th July, 1949; first published in the Fort St. George Gazette on the 12th July, 1949

Section 1. Short title

1. Short title.- This Act may be called the Muslim Personal Law (Shariat) Application (1[Tamil Nadu] Amendment) Act, 1949.

1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

Section 2. Substitution of new section for section 2

2. 3Substitution of new section for section 2.- The Muslim Personal Law (Shariat) 1[Application] Act, 1937 (Central Act XXVI of 1937) (hereinafter referred to as the said Act), shall, in its application to the 2[State of Tamil Nadu], be amended in the manner hereinafter provided.

3 This marginal note was inserted by section 4 of, and the Third Schedule to, the Tamil Nadu Repealing and Amending Act, 1957 (Tamil Nadu Act XXV of 1957). In so far as this Act applies to the added territories, this marginal note was inserted by section 4 of, and the Second Schedule to, the Tamil Nadu (Added Territories) Extension of Laws (No. 2) Act, 1961 (Tamil Nadu Act 39 of 1961).

1 The word "Application" was inserted by section 4 of, and the Third Schedule to, the Tamil Nadu Repealing and Amending Act, 1957 (Tamil Nadu Act XXV of 1957). In so far as this Act applies to the added territories, the word "Application" was inserted by section 4 of, and the Second Schedule to, the Tamil Nadu (Added Territories) Extension of Laws (No. 2) Act, 1961 (Tamil Nadu Act 39 of 1961).

2 This expression was substituted for the expression "State of Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.

Section 3. Application of Personal Law to Muslims

3. Application of Personal Law to Muslims.- For section 2 of the said Act, the following section shall be substituted, namely:-

"4[2] 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 law, marriage, dissolution of marriage, including Tallaq, Ila, Zihar, Lian, Khula and Mubaraat, 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)".

4 The figure "2" war inserted by section 4 of, and the Third Schedule to, the Tamil Nadu Repealing and Amending Act, 1957 (Tamil Nadu Act XXV of 1957). In so far as this Act applies to the added territories, this figure was inserted by section 4 of, and the Second Schedule to the Tamil Nadu (Added Territories) Extension of Laws (No. 2) Act, 1961 (Tamil Nadu Act 39 of 1961).

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