Application of Muslim Law in Bangladesh

§Though Muslim law covers all the aspects of the life of a Muslim and though it includes civil law, criminal law, international law, procedural laws, it is applied only in case of the family matters of a Muslim in Bangladesh Which is the part of civil law.

§Section 2 of the Muslim Personal Law (Shariat) Application Act’ 1937 provides that:

Notwithstanding any custom or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate succession, special property of females, including personal property inherited or obtained under contract or gift or any other provision of Personal Law, marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts, trusts and trust properties, and waqfs (other than charities and charitable institutions and charitable and religious endowments) the rule of decision in cases where the parties are Muslims shall be the Muslim Personal Law (Shariat).

  §Muslim law is applied to Muslim. 
  §Who is Muslim?

According to Aghnides a Muslim is

i) One, who believes in the mission of Mohammad(SAS) as Prophet. Or,

ii) One, who says that there is one God and that Mohammed is His Prophet, or,

iii) One who believes in a number of other essential beliefs in God and Mohammed.
Ammer Ali says ”...any person who professes the religion of Islam, in other words, accepts the unity of God and the prophetic character of Mohammed (SAS) is a Muslim.

In the case of Narantakath vs. Parakkal (1922) 45 Mad. 986

It was held that the essential doctrine of Islam is that there is one God, and Mohammad is the Prophet and any belief in excess of this is, at least for law courts, a redundancy.

§Thus to be a Muslim in the court two beliefs are required

1.Belief in Allah as One

  2. Belief in Prophet Mohammed (PBUH) as Prophet of Allah. 

§A person can be Muslim by birth or by belief 

§According to sharia if one of the parents is Muslim, the child will be Muslim. 

§But, in the case of Skinner vs, Orde (1871)

It was held that the child is presumed to belong to the religion of father. 

§In another case Bhaiya Sher Bahadur vs. Bhaiya Ganga Baksh singh it was held that if the
child is brought up in any other religion than the father's religion, that would be it’s religion
as it has been brought up in that religion. 

§A person born as a Muslim continues to be Muslim until he renounces Islam after attaining
majority. 

§A court of Law is not concerned with peculiarities in belief, orthodoxy or heterodoxy, as
long as the minimum of belief exists.