New Delhi: The Jammu and Kashmir Assembly has passed a Bill making the Indian Shariat Act of 1937 (Muslim Personal Laws) applicable to all Muslims in the state, like in the rest of the country.
The Shariat Bill will replace all customary personal laws in the state for Muslims, will reduce gender bias and will be applicable to civil issues only, not criminal offences.
The Bill deals with questions pertaining to succession, special property of females, including personal property inherited or obtained under contract or gift, or any other provisions of personal law.
Also, the rule of decision shall be the Shariat in matters of marriage, guardianship, gifts, trust and trust properties, where the parties are Muslims.
Since both the Shariat and the customary laws were applicable in the state earlier, the chaos it led to will be reduced now with the introduction of one uniform law.
The new Bill also seeks to repeal the provisions of the Sri Pratap Jammu and Kashmir Laws Consolidation Act, Samvat 1977 (1920 AD), in so far as they are inconsistent with the provisions of the new act.
Though Jammu and Kashmir is a Muslim majority state, personal law matters of the community were being guided by a commandment, consistent with Quranic injunctions, in force since the autocratic Maharaja Pratap Singh’s rule.
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