Muslim Personal Law

  1. Under Muslim Personal Law marriage of a woman does not effect iheritance — Under custom marriage has bearing on question of inheritance. Barkat Ali v. Jan Begum 1998 SCR 333 (A)
  2. Initial presumption is in favour of the application of Muslim Personal Law unless the custom is alleged and proved strictly. M. Ashraf Khan and 4 others  v. Rehmat Jan 2000 SCR 328 (A)
  3. Under Muslim Law father being natural guardian was held entitled to custody — Mother can claim custody of male child up to seven years as of right — Before attaining the age of seven years she can be deprived from custody of male child only if some strong circumstances are brought on record to justify that it would not be in the welfare of such child to keep him in the custody of her mother. Azra Bi v. Zafar Iqbal 2001 SCR 580 (C)
  4. In Dogra regime it was an option of a State Subject to be governed either by custom or by Muslim Personal Law — Initial presentation was that every Muslim is governed by the Muslim Personal Law unless the custom is specifically alleged and proved. M. Ashraf Khan v. Mst. Sahib Noor Begum and 11 others 2008 SCR 146 (A)
  5. S. 3 — Female limited owner shall be deemed entitled to inherit  the share of last full owner according to Muslim Personal Law (Shariat ) — This opportunity was opened for those who had been deprived of the right of inheritance on death of full owner and it was a message to all and sundry that Muslim in the State are  governed by Muslim Personal Law irrespective of old practice and precedents — It enabled the widows and daughters to inherit the property who were ordinarily deprived of the rights under custom. M.Ashraf Kh. v.Mst.Sahib Noor Begum2008 SCR146 (B)
  6. Muslim Personal Law/Custom — The initial presumption in the case of a Muslim is in favour of the application of Muslim Personal Law, unless the Custom is alleged and proved strictly. Mst. Abdul Bi (deceased) through L.H. v. Collector Land Acquisition & 3 others 2016 SCR 1338 (B) 2000 SCR 328 & 2008 SCR 146 & 385 rel.
  7. —Muslim Personal law, enforcement of—during Dogra regime—Muslim Personal law was enforced in State of Jammu & Kashmir, prior to 1947— except abolished, or altered by any Act or by modified by any custom—even prior to 1947, during Dogra regime, Muslim Personal Law was very much enforced in State of Jammu as a general law in matters of succession etc, except abolished or altered by any other Act or modified by any custom. Muhammad Zareed & others v. Muhammad Haroon & others 2022 SCR 1685 (H)
  8. —Muslim Personal law—in matters of succession and inheritance—enforcement of— in AJ&K—Even soon after the liberation of this territory, i.e., AJ&K, the Governing Council of AJK, also intended to, adapt and give effect to Muslim Personal Law as to matters of succession and others as opposed to customary laws. Muhammad Zareed & others v. Muhammad Haroon & others 2022 SCR 1685 (I)
  9. —Muslim personal law— enforcement of Council Resolution, No.279, 1948 and the Azad Jammu and Kashmir Court and Laws Code, 1949—only source of law in matters of succession, inheritance and others mentioned therein—he Council Resolution, No.279, 1948 and the Azad Jammu and Kashmir Court and Laws Code, 1949, also substituted Muslim Personal Law as the only source of law in the matters mentioned therein and above, instead of any custom prevailing in any community in any local area prior to independence. Muhammad Zareed & others v. Muhammad Haroon & others 2022 SCR 1685 (N)
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