All States/UTs Framed Rules To Implement Shariat Act? Supreme Court Seeks Report

The Supreme Court recently noted that the provisions of Section 4 of the Muslim Personal Law (Shariat) Application Act, 1937 have not been implemented uniformly across States and Union Territories, and sought a comprehensive status report on the issue.

"It has been brought to our notice that the provisions of Section 4 of the Muslim Personal Law (Shariat) 3 Application Act, 1937 (for short, 'the Act, 1937') have not been implemented by all States and Union Territories," noted a Bench of Justice Sanjay Karol and Justice Augustine George Masih while hearing a civil appeal.

 The bench requested the standing counsel appearing for all States and Union Territories to ascertain and communicate the factual position regarding the implementation of the Muslim Personal Law (Shariat) Application Act, 1937.

The Bench directed that the information collected by the States and Union Territories be submitted to Additional Solicitor General Archana Pathak Dave, who will collate the material and place a comprehensive report before the Court before the next date of hearing.

 As per Section 3 of the 1937 Act, a Mulsim can file a declaration before the prescribed authority that he/she wished to be governed by the Shariat law in matters related to marriage, maintenance, inheritance, guardianship etc. Once such a declaration is filed, and the prescribed authority accepts it, the person and his/her descendants would be governed by the Shariat law.

As per Section 4, the State Government has to frame the rules prescribing the authority before whom the Section 3 declaration has to be made. Unless the Rules are framed, a person will not be able to file the declaration in the prescribed form expressing the consent to be governed by the Shariat law.

Earlier, the Court had sought the responses of the State of Uttar Pradesh and the Union Government on the issue.

The appeal filed before the Supreme Court challenges a 2011 Delhi High Court judgment that invalidated a 1992 Will propounded by the appellant, Gohar Sultan, the daughter of the deceased testatrix, Mst. Nawab Begum.

The High Court had ruled against the appellant because her sole attesting witness turned hostile, failing the strict proof requirements of the Indian Succession Act, 1925. The High Court held that since the testatrix had not made a formal declaration under Section 3 of the Shariat Act to be governed by Muslim Personal Law, her Will had to be proved under the rigorous secular law, i.e., the Indian Succession Act, 192,5 which requires two attesting witnesses.

However, during the hearing, the Supreme Court noted a potential statutory vacuum. The appellant's counsel argued that the testatrix could not have made the required Section 3 declaration because the State Government (Uttar Pradesh) never framed the procedural rules under Section 4 to accept such declarations.

The matter will next be heard on March 18, 2026.

Cause Title: SMT. GOHAR SULTAN VERSUS SHEIKH ANIS AHMAD & ANR. | Civil Appeal No(s).2637/2012