In the Name of Allah, the Gracious, the Merciful
The Muslims (Personal Status) Act, 1991 (24/7/1991)
Title
1.
This Act may be cited as the, "Muslims (Personal Status} Act, 1991".
Applications
2.
The provisions of this Act shall be applied to all suits, in which hearing of evidence is not completed, and
the suits, whose parties consent to resort to such provisions, even though hearing of evidence is completed, in the
shade of what has been in force.
Repeal
3.
There shall be repealed: (a} section 16 of Schedule 11, of the Civil Procedures Act, 1983; (b} the following Sharia Circulars, namely: 1 and its Supplements 13, 17, 24, 26, 27, 28, 34, 41, 44, and its
Supplements 48, 49, 51, 54 and its Supplements 56, 57, 58, 59, 61,
62 (1A (b}, 65 and 66;
(c} the following Sharia Circulars, namely: - 17/3/1948, 6/1958, 15/1967, 4/1973, 2/1977;
(d} the following Judicial Memoranda, namely: - 1, 3, 4, 25, 26;
(e} The following instructions: - 16, 17, 27
Provisions of the Act to prevail
4.
The provision of this Act shall, where any provision in any other law is opposed to, or inconsistent
therewith, prevail as to such extent, as may be compatible, in case of opposition, and remove the inconsistency.
Matters without provisions therein,
and the power to make rules
5.(1) There shall be applied the preponderant of the Hanafi School of Jurists, in whatever there is no provision
therefor in this Act, and there shall be reverted, in case of matters, for the origin of which there is a provision, or
need interpretation or construction, to the historical origin, from which the law is derived.
(2) The Supreme Court - Personal Status Circuit - may make rules for the interpretation or construction of
provisions of this Act, in accordance with the safeguards, mentioned in sub-section (1).
Association with legal principles
while applying the Act
6.
The Judge in applying the provisions of this Act, shall presume the following juristic principles, namely: (a)
reconciliation is permissible between Muslims, save reconciliation, which legitimizes a prohibited thing, or
prohibits a legitimate thing;
(b)
certainty shall not be removed by doubt;
(c)
the origin is: (i)
that what has been shall remain as it has been;
(ii)
freedom from liability;
(iii)
non-existence is in casual capacities;
(d)
habit is governing;
(e)
what has lapsed shall not be regained;
(f)
rule of the subjects is contingent on interest;
(g)
operation of the speech is better than neglecting it;
(h)
mention of some of what is indivisible is like mention of the whole thereof;
(i)
No speech shall be attributed to the silent, but silence, in the context of speech is expression;
(j)
Customary signs of a dumb person are like expression by tongue;
(k)
who expedites something before its due time, shall be punished with his deprival thereof;
(l)
who endeavors to avoid what has been done on his part, his endeavor shall be reverted thereto;
(m)
Injury shall be removed;
(n)
experts shall be sought to help in knowing soundness and capacity and their defects together.

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