Last Change:
05/26/2024
The Muslim Personal Law (Shariat) Application Act
Year: 1937
Type: Domestic law
Rights Category: Housing, land & property, Social protection, Family life
Description
The 1937 Muslim Personal Law (Shariat) Application Act applies to Muslims in Bangladesh with no reference to citizenship and therefore arguably Rohingya refugees who are of the Muslim faith can seek remedies prescribed under the law.
Selected provisions
3. (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 Contract Act, 1872, and
(c) that he is a resident of Bangladesh,
may by declaration in the prescribed form and filed before the prescribed authority declare that he desires to obtain the benefit of 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 officer as the 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.
1. (1) This Act may be called the Muslim Personal Law (Shariat) Application Act, 1937.
1[(2) It extends to the whole of Bangladesh.]