Before the partition of India all the religions lived together and the subject matter related to the inheritance, succession, marriage, divorce, family disputes and relationships are managed by the religious laws of that particular religion. Those laws were rooted from the existing old age customs.
After the time passed these laws were subjected to the alteration by the many legislations that's why in a series of alterations the “Muslim personal law act, 1937” was enacted. It comes with the objective of removing all the unnecessary customary exercises of muslims which were existing for decades.
Earlier it was not applicable in the region of North West frontier province (it was British colonial), and now this province is part of Pakistan. According to the section 1(2) of the act it is extended to the whole of India and it is applicable to the whole Muslim community in India.
Why this Act?
This act is also known as the “Shariat Act” but the official name of this act is Muslim personal law application act, 1937. It was enacted during the British ruled Government and its primary objective was to make sure that application of Islamic law was uniformly practiced among the Muslims.
Before the enactment of this act the various matters like inheritance, divorce, and marriage among the Muslims received injustice because of the inconsistency with other laws. This act would protect the religious rights of Muslims and provide a legal Framework for personal matters.
A Historical Overview
The origination and the development of the Muslim personal law are connected with the fundamental text of Islam which has been evolved through centuries. Many scholars or muslim jurists interpret the text (quran or hadith) accordingly and make it culturally adaptive. By this it is regarded as a living body of law.
The advent of Islam in India was begun in the 7th century by the Arab traders that made their establishment by the conquest. In India the most important Muslim dynasty was Delhi sultanate (1206-1526) and the Mughal Empire (1526-1857).
When it comes to the British colonial period, it codified the Muslim personal law through enacted the shariat application act of 1937. This act has a main objective to ensure that in India Muslims follow the Islamic laws in personal matters rather than the local customs.
After the Independence Indian constitution guaranteed the right to religious freedom under the fundamental rights. It also allows different communities to be covered by their personal laws. Article 44 of the Indian Constitution of India but was comprised within the constitution as a directive principle which is not enforceable and nowadays it is a debatable topic.
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