Law: West Punjab Muslim Personal Law (Shariat) Application Act, (IX of 1948)

Section: 2,3

Law: Specific Relief Act, 1877

Section: 42

(a) West Punjab Muslim Personal Law (Shariat) Application Act (IX of 1948), S. 2-Does not preclude grant of declaratory decree under custom in suitable cases arising before the Act-Purpose of the Act. The West Punjab Muslim Personal Law (Shariat) Application Act (IX of 1948) does not preclude the grant of declaratory decrees under custom in suitable cases arising before the-Act. (Per Muhammad Sharif, J.)-There could be no doubt as to the purpose and scope of the Act. Customary Law which has so long held the field to the detriment of females, is to yield place to the Shariat which recognises their rights in the property. The Act lays down the mode in which the property is to be divided after its operation ; it says nothing as to the source from which and the manner in which the property comes. Declaratory decrees make available the property and the Act does not want to reduce or diminish this' profitable source. To hold otherwise would give the alienee an undue advantage at the cost of the heirs of the alienor and nothing could be farther from the intention of the Legislature. There is not a word about the illegal transactions being legalised nor is there anything to suggest that the male owners succeeding under custom with certain limitations, had over night shed these limitations and become absolute owners in the fullest sense of the term. The Act of 1948 can be worked and enforced without importing any considerations in favour of the alienee and the Courts duty is not to amend the Act but to construe as it is. The plain meaning of section 2 is that after the 15th March 1948, the property of a Muslim shall devolve according to Islamic Law and not according to his custom if any. (b) West Punjab Muslim Personal Law (Shariat) Application Act (IX of 1948)-Decree or right to sue under custom that alienation would not affect reversionary rights-Not affected by Act till estate devolves under its provisions-Only S. 3, retrospective. (Per Muhammad Sharif, J.)-The Act does not, by one stroke of pen, convert owners of property with restricted powers of alienation into full and absolute owners whose powers of alienation were wholly unfettered. The Act nowhere says that…

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