Section 37 of The Bengal, Agra and Assam Civil Courts Act, 1887
1(1) Where in any suit or other proceeding it is necessary for a Civil Court to decide any question regarding succession, inheritance, marriage or caste, or any religious usage or institution, the Muhammadan law in cases where the parties are Muhammadans, and the Hindu law in cases where the parties arc Hindus, shall form the rule of decision except in so far as such law has, by legislative enactment, been altered or abolished.
- (2)In cases not provided for sub-section (1) or by any other law for the time being in force, the Court shall act according to justice, equity and good conscience.
Summary
- When a Civil Court handles cases about inheritance, marriage, or caste, it must follow specific religious rules.
- For cases involving Muslims, the court uses Muhammadan law.
- For cases involving Hindus, the court uses Hindu law.
- These religious rules only apply if they have not been changed or removed by a newer law passed by a legislature.
- If a case does not fit into these categories or there is no specific law for it, the court must decide based on fairness, equity, and a good conscience.
- This rule applies to questions of religious usage or religious institutions as well.
Practical examples
FAQ
1. Does the court always use religious law for Hindus and Muslims?
No, the court only uses it for specific topics like marriage, inheritance, caste, and religious institutions, and only if a legislative law has not replaced those rules.
2. What happens if a person is neither Hindu nor Muslim?
If the case is not provided for by another law, the court will decide according to the principles of justice, equity, and good conscience.
3. Can a new law passed by the government override these religious rules?
Yes, the provision specifically states that these rules apply except where they have been altered or abolished by legislative enactment.
4. What does "justice, equity and good conscience" mean?
It means the judge should make a decision that is fair and morally right when there is no written law or religious rule to follow.
Test yourself
Q1.Under Section 37 of The Bengal, Agra and Assam Civil Courts Act, 1887, which law serves as the rule of decision for marriage questions when the parties are Hindus?
Q2.According to Section 37 of The Bengal, Agra and Assam Civil Courts Act, 1887, what should a court do if a religious rule for inheritance has been abolished by a legislative enactment?
Q3.Under Section 37 of The Bengal, Agra and Assam Civil Courts Act, 1887, if a Civil Court is faced with a case not covered by personal laws or any other current law, how must it act?
Q4.Under Section 37 of The Bengal, Agra and Assam Civil Courts Act, 1887, which of the following topics is specifically mentioned as being subject to religious law for Hindus and Muslims?