A Dissertation

On
“A Critical Analysis of Section 37 of the Civil Courts
Act, 1887 and Section 2 of the Muslim Personal Law
(Shariat) Application Act, 1937”

A Dissertation in the partial fulfillment of the requirements for the

Degree of
Bachelor of Law (Hon’s)

Submitted to:
Department of Law and Human Rights
University of Asia Pacific

Submitted by:
Jinnat Majumder
Reg. No. 12211021
Batch No: 15
Program: LL.B (Hon’s)
Department of Law and Human Rights
University of Asia Pacific

Date of Submission:
 Letter of Transmittal
Date: ……………………..

………………………………………..
Department of Law and Human Rights
University of Asia Pacific

Subject: Submission of Research Paper on “A Critical Analysis of Section 37 of the Civil Courts
Act, 1887 and Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937”

Dear Sir,

This is to inform you that I have completed my Dissertation on “A Critical Analysis of Section
37 of the Civil Courts Act, 1887 and Section 2 of the Muslim Personal Law (Shariat) Application
Act, 1937” it has been a great learning experience for me. I would like to thank you for
assigning me such a responsibility and helping me on different aspects of the thesis, which
the knowledge will help in my future professional life.

However, I shall be grateful and obliged if you kindly accept my thesis and evaluate it.

Sincerely yours,

--------------------------
Jinnat Majumder
Reg. No. 12211021
Batch No: 15
Program: LL.B (Hon’s)
Department of Law and Human Rights
University of Asia Pacific
 STUDENT DECLARATION

It is declared that this dissertation is my original work and it has not been previously
submitted to this university. The work I have presented does not breach any copyright. I
further undertake to indemnify the University against any loss or damage arising from breach
of the forgoing obligations.

--------------------------
Jinnat Majumder
Reg. No. 12211021
Batch No: 15
Program: LL.B (Hon’s)
Department of Law and Human Rights
University of Asia Pacific
 SUPERVISOR’S CERTIFICATION

This is to certify that the Dissertation on “A Critical Analysis of Section 37 of the Civil Courts
Act, 1887 and Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937” placed to
the evaluation board. It is done by Jinnat Majumder, Reg. No. 12211021 in partial
fulfillment of the requirement for the degree of the Bachelor of Laws. The thesis has been
carried out under my guidance and is a record of the bona fide work carried out successfully.

I wish her every success in her life.

………………………………………..
Department of Law and Human Rights
University of Asia Pacific
 ACKNOWLEDGEMENTS

First of all, I wish to acknowledge the immeasurable grace and kindness of the Almighty
Allah. I express my gratitude to my honorable supervisor
……………………………………….., Department of Law and Human Rights, University
of Asia Pacific for giving me the opportunity to complete my thesis paper under his
supervision. He gave me his valuable time and important information to complete the
dissertation. As without his proper guidance it was quite impossible for me to complete the
dissertation.

I also express my gratefulness to Law & Justice Division Ministry of Law Justice &
Parliamentary Affairs, Mohammad Mahafujur Rahman Likhon, Advocate Bangladesh
Supreme Court, Additional PP, Dhaka, Assistant Secretary Dhaka Bar 2009-2010 & my
parents and my son Md. Ahanaf who encouraged me all the time.

Finally I express thanks to my friends and well-wishers.

--------------------------
Jinnat Majumder
Reg. No. 12211021
Batch No: 15
Program: LL.B (Hon’s)
Department of Law and Human Rights
University of Asia Pacific
 Abstract

The critical analysis regarding the matter of section 37 of THE CIVIL COURTS ACT,1887
and section 2 THE MUSLIM PERSONAL LAW(SHARIAT) APPLICATION ACT ,1937
Which is about succession, marriage or caste , special property for women(inherited or
obtained by contract, gift or any other personal law, gift, maintenance, dower, guardianship,
trusts or trusted property and charitable and religious endowments etc those are a challenge
and so impartment because eventually shakes the most part of our social life relating peace
and welfare. The main aim of my thesis is to analysis the effectiveness of such disputes
regarding section -37 of civil courts Act, 1887 and section-2 of The Muslim Personal
Laws(Shariat) Application Act,1937.

In my dissertation I discuss all matters relating theses sections with details of court
procedure. And I tried to find out all lacking of our legal system about the application of
section-37 of Civil Courts Act ,1887 and section-2 The Muslim Personal Law(Shariat)
Application Act,1937.And also I give some suggestion in the concerned matter
 Table of Contents
Name of Topic Page No.
Chapter-1 Introduction
Introduction
Statement of problem
Objective
Methodology
Limitation of study
Islamic Law of Inheritance
Literature Review
Chapter-2
THE MUSLIM PERSONAL LAW (SHARIAT)
APPLICATION ACT, 1937. ACT No. 26 OF 1937
1. Short Title and Extent
2. Application of Personal Law to Muslims
3. Power to make a Declaration
4. Rule-Making Power
Act : The Muslim Women (Protection Of Rights On Divorce)
1. Short title and extent
2. Definitions
3. Mahr or other properties of Muslim woman to be given to her at the time of
divorce
4. Order for payment of maintenance
5. Option to be governed by the provisions of sections 125 to 128 of Act 2 of
1974
6. Power to make rules
7. Transitional provisions
Section 2 Muslim Personal (Shariat) Application Act ,1937
1. Schools of Law
b) The Shiates Schools
c) Legislation under the British
d) Shariat Act 1937
2. Sources of Islamic Law a) Sunni School
(b) Shia School:
3. The Dissolution of Muslim Marriage Act 1939
4. The Wakf Act, 1954
5. Codification of Muslim Personal Law
6. Need for Reform
7. Muslims and Uniform Civil Code
CHAPTER 3:
The Fatwa from Muzffarnagar- An urgent need to review the
1937 Act
Go to the Root Cause- The Personal Law Application Act 1937 of the British:
Many Islamic Scholars have not taken kindly to the 1937 Act
Who is afraid to render Gender Equality to Women?
Why this “silence” from the Indian Mullahs?
The Initiative has to come from within- “those Affected”
The debates in the Constitutional Assembly
Way Ahead
CHAPTER 4:
CONSTITUTION OF CIVIL COURTS
Classes of Civil Courts
Number of Judges
Supplemental Provisions
Certain decisions to be according to local law
Judges not to try suits in which they are interested
Subordination of Courts to District Court
Application of Act to Courts of Small Causes
CHAPTER 5
SEC. 37 OF THE CIVIL COURTS ACT, 1887
Application of the Code of Civil Procedure.
Valid Muslim Marriage
Void or irregular Muslim Marriage
Chapter 6
THE MUSSALMAN WAKF VALIDATING ACT, 1913
(ACT NO. VI OF 1913). [7th March, 1913]