“Muslim Law — Introduction & Applicability”, the complete chapter, exactly as it appears in the full notes.
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Chapter 01
MUSLIM LAW — INTRODUCTION & APPLICABILITY
🔥 PYQ: Who is a Muslim, Extent of Applicability — Frequent
📋 Previous Year Questions — Chapter 1
4M · SEC-A
Who is a Muslim? (2023, 2025)
Name the two statutes that primarily govern Muslims in India.
10M · SEC-B
What is the extent of applicability of Muslim law? (2016)
Explain the object and scope of the Muslim Personal Law (Shariat) Application Act, 1937.
20M · SEC-C
Discuss the meaning of Sharia and explain in detail the applicability of Muslim law in India, including the exceptions carved out by Goa and the Special Marriage Act, 1954.
Muslim Personal Law in India traces back to Sharia — an Arabic term literally meaning "path leading to the watering place" — believed by Muslims to be divinely revealed through Prophet Mohammed. In India, it is codified and applied primarily through The Muslim Personal Law (Shariat) Application Act, 1937 and The Dissolution of Muslim Marriages Act, 1939.
Sharia — Meaning
The traditional Islamic law, believed to have originated from Allah and derived from Prophet Mohammed's principles, later interpreted by Muslim legal scholars. The Quran is believed to be the only disclosed, direct word of Allah.
Visual — Where Muslim Personal Law Applies
Fig 1.1 — Muslim personal law covers all Indian Muslims by default, with two carved-out exceptions.
Applicability of Muslim Law in India
GOVERNING STATUTES
Shariat Act, 1937
Governs marriage, succession, inheritance & charities among Muslims.
Dissolution of Muslim Marriages Act, 1939
Circumstances for Muslim wife to obtain divorce & related rights.
Key Exceptions: These laws do not apply in Goa, where the Portuguese Civil Code of 1867 (Goa Civil Code) governs all persons irrespective of religion. They are also not applicable to Indians (including Muslims) married under the Special Marriage Act, 1954, who are instead governed by the secular Indian Succession Act, 1925.
Who is a Muslim?
The term Muslim means "submission" — one who follows the religion of Islam. A person can be Muslim in two ways:
By Birth
Born to Muslim parents and raised within the faith — no formal declaration required.
By Conversion
An adult of sound mind professes faith in Islam voluntarily; protected under Article 25 of the Constitution (freedom to practice, profess & propagate religion).
Real-World AngleArticle 25 conversions are sometimes misused — jaise ki ek already-married Hindu man doosri shaadi karne ke liye Islam apna leta hai, taaki Sec 82 BNS (bigamy) se bach sake. Courts generally don't recognize such "convenience conversions" as giving valid Muslim marital status for a second marriage, since the conversion isn't in good faith.
🧠 Mnemonic — Governing ActsRemember "SAD 37-39": Shariat Application Act → 1937; Dissolution of Muslim Marriages Act → 1939. Both consecutive years — 1937 comes before 1939, just like "applicability" logically comes before "dissolution."
Scope of the Shariat Act, 1937
Muslim Personal Law (Shariat) Application Act, 1937
Applies to all Indian Muslims for marriage, divorce, maintenance, inheritance & succession
Courts must apply relevant Muslim law when deciding such personal-law disputes
Does not apply to criminal law matters — those are governed by the secular Bharatiya Nyaya Sanhita (BNS), 2023
Marriage registered under Special Marriage Act, 1954
Governing Statute
Shariat Act, 1937 / DMMA, 1939
Indian Succession Act, 1925 (for SMA couples)
Landmark Cases
Mohd. Ahmad Khan v. Shah Bano Begum (AIR 1985 SC 945)
Held: Muslim women have a right to maintenance under Sec 125 Cr.P.C. (now Sec 144 BNSS) even if Muslim personal law provides an alternate remedy like Mahr — illustrates how secular statutory law interacts with the scope of Muslim personal law.
Shayara Bano v. Union of India (AIR 2017, 9 SCC 1)
Held: The 5-judge bench declared instantaneous Triple Talaq (Talaq-e-Biddat) unconstitutional, showing that Muslim personal law's applicability is always subject to the Constitution.
Sharia — the path/way of Islamic law
Fiqh — human understanding & jurisprudence of Sharia
Article 25 — constitutional freedom of religion
Exam Tip: Always mention both the Shariat Act, 1937 AND the Dissolution of Muslim Marriages Act, 1939 by name and year when discussing applicability — examiners specifically check for both. Don't forget the Goa exception and Special Marriage Act exception; these are commonly tested as 4M questions.
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What's inside the notes
Chapter by chapter, mapped to the LLB Semester 3 syllabus.
