(V of 1962)
An Act to consolidate
and amend the provisions
for the application of Muslim Personal Law (Shariat)
in the Province of Punjab/Sind/N.W.F.P./Baluchistan.
Preamble.
Whereas it is expedient to consolidate and amend the provisions for the
application of Muslim Personal Law (Shariat) in the Province of
Punjab/Sind/N.W.F.P./Baluchistan.
It is hereby enacted as follows:---
1. Short title and extent.— (1) This Act may be called
the West Pakistan Muslim Personal Law (Shariat) Application Act, 1962.
2. Application of the Muslim
Personal Law.- Notwithstanding any custom or usage, in all
questions regarding succession (whether testate or intestate), special property
of females, betrothal, marriage, divorce, dower adoption, guardianship,
minority, legitimacy or bastardy, family relations, wills, legacies, gifts,
religious usages or institutions, including waqfs, trusts and trust properties,
the rule of decision, subject to the provisions of any enactment for the time
being in force shall be the Muslim Personal Law (Shariat) in case where the
parties are Muslims.
[3][3][2-A. Succession prior to Act IX of 1948.—Notwithstanding anything to
the contrary contained in section 2 or any other law for the time being in
force, or any custom or usage or decree, judgment or order of any Court, where
before the commencement of the Punajb Muslim Personal Law (Shariat) Application
Act, 1948, a male heir had acquired any agricultural land under custom from the
person who at the time of such acquisition was a Muslim:-
(a) he shall be deemed to have become, upon such
acquisition, an absolute owner of such land, as if such land had devolved on
him under the Muslim Personal Law (Shariat);
(b) any decree, judgment or order of any Court
affirming the right of any reversioner under custom or usage, to call in
question such an alienation or directing delivery or possession of agricultural
land on such basis shall be void, inexecutable and of no legal effect to the
extent it is contrary to the Muslim Personal Law (Shariat) Act;
(c) all suits or other proceedings of such a
nature pending in any Court and all execution proceedings seeking possession of
land under such decree shall abate forthwith:
Provided that nothing herein contained shall be
applicable to transactions past and closed where possession of such land has
already been delivered under such decrees.]
Legal Amendments
1. S.2A Inst by West Pakistan
Muslim personal Law (Shariat) Act (Amendment) Ordinance (XIII of 1983).
[4][4][3. Termination of limited estate under Customary Law.— The limited estates in
respect of immovable property held by Muslim females under the Customary Law
are hereby terminated:
Provided that nothing herein contained shall apply to
any such estate saved by any enactment, repealed by this Act, and the estates
so excepted shall continue to be governed by that enactment, notwithstanding
its repeal by this Act.]
4. Further
operation of certain wills shall cease on the death of legatee-in-enjoyment.— Where a will providing for
more than one legatee succeeding to the testator’s property one after the other
is operative at the commencement of this Act, its further operation shall cease
upon the death of the legatee-in-enjoyment.
5. Devolution
of property on the termination of life estate and certain wills.— The life estate terminated
under section 3 or the property in respect of which the further operation of a
will has ceased under section 4 shall devolve upon such persons as would have
been entitled to succeed under the Muslim Personal Law (Shariat) upon the death
of the last full owner or the testator as though he had died intestate; and if
any such heir has died in the meantime, his share shall devolve in accordance
with Shariat on such persons as would have succeeded him, if he had died
immediately after the termination of the life estate or the death of the said
legatee:---
Provided that the share to which a Muslim female
holding limited estate under Customary Law would have been entitled under the
Muslim Personal Law (Shariat) upon the death of the last full owner shall
devolve on her.
6. Sections
3, 4 and 5 only to be retrospective.— Save as expressly provided by the provisions of
sections 3,4 and 5, this Act shall have no retrospective operation.
7. Repeal and
savings.—
(1) The following enactments are hereby repealed,---
(c) The Muslim Personal Law (Shariat) Application
Act, 1937[7][7], in its application to West Pakistan ;
Legal Amendments
1.
Sub-Section 2 of S.7 omitted by W.P. Muslim personal Law (Shariat) Application
(Amendment) Act, 1964.
[1][1]For statement of objects and
reasons, see Gazette of West Pakistan , dated 15th December, 1962 , (Extraordinary), pages
4275-4276.
This Act was passed by the West Pakistan Assembly on 14th
Dec., 1962, and on its having been assented to by the Governor of West
Pakistan, it was published in the West Pakistan Gazette (Extraordinary), dated
31st Dec., 1962, pages 4683-85.
It has been adopted by the Federation, see the Federal Adaptation of Laws
Order, 1975 (P.O. 4 of 1975).
[2][2]Substituted by the Federal
Adaptation of Laws Order, 1975 (P.O. 4 of 1975), for “the Province
of West Pakistan except the Tribal Areas.”
[3][3]Added by the West
Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance,
1963 (XIII of 1983).
[4][4]Substituted by the West Pakistan
Muslim Personal Law (Shariat) (Amendment) ordinance, 1963 (XXXIX of 1963), and
shall be deemed always to have been so substituted.
[13][13]Deleted by the West
Pakistan Muslim Personal Law (Shariat) Application (Amendment)
Act, 1964 (XXVIII of 1964).
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