2. Application of Personal Law to Muslims.—
Notwithstanding any custom or usage to the contrary,
in all questions (save questions relating to agricultural land) regarding intestate succession, special
property of females, including personal properly inherited or obtained under contract or gift or any other
provision of Personal Law. marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and
mubaraat, maintenance, dower, guardianship, gifts, trusts and trust properties, and wakfs (other than
charities and charitable institutions and charitable and religious endowments) the rule of decision in cases
where the parties are Muslims shall be the Muslim Personal Law (Shariat).
STATE AMENDMENTS
Kerala.
Substitution of a new section for section 2, Central Act 26 of 1937.—For section 2 of the said Act,
the following section shall be substituted, namely:—
“2. Application of personal law to Muslims.—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 laws, marriage,
dissolution of marriage, including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower,
guardianship, gifts, trusts and trust properties and wakfs (other than charities and charitable institutions
and charitable and religious endowments), the rules of decision in cases where the parties are Muslims,
shall be the Muslim Personal Law (Shariat).”
[Vide kerala Act 42 of 1963, s. 3.]
1. The words “in the Provinces of India” omitted by the Adaptation of Laws Order, 1950.
2. Subs. by Act 48 of 1959, s. 3 and the First Schedule for “except the territories which, immediately before the 1st November,
1956, were comprised in Part B States” (w.e.f. 1-2-1960).
3. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-
2019).
4. The words “excluding the North-West Frontier Province” omitted by the Indian Independence (Adaptation of Central Acts and
Ordinances) Order, 1948.
5. In its application to Pondicherry. In section 1, after sub-section
(2), the following shall be inserted—
“
Provided that nothing contained in this act shall apply to the Renoncants of the Union territory of
Pondicherry.”—(Vide Act 26 of 1968.)
The Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I and to the whole of the Union
territory of Lakshadweep by Reg. 8 of 1965, s. 3 and Sch.
2