WEST PAKISTAN MUSLIM PERSONAL LAW (SHARIAT) APPLICATION ACT, 1962

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THE WEST PAKISTAN MUSLIM PERSONAL LAW 
(SHARIAT) APPLICATION ACT, 1962 
(V of 1962) 
CONTENTS 
1. Short title and extent. 
2. Application of the Muslim Personal Law. 
2-A. Succession prior to Act IX of 1948. 
3. Termination of limited estates under customary law. 
4. Further operation of certain wills shall cease on the death of legatee -in-
enjoyment. 
5. Devolution of property on the termination of life estate and certain wills. 
6. Sections 3, 4 and 5 only to be retrospective. 
7. Repeal and savings. 
 
 
TEXT 
1
THE WEST PAKISTAN MUSLIM PERSONAL LAW (SHARIAT) 
APPLICATION ACT, 1962 
(V of 1962) 
[31 December 1962] 
An 
Act 
to consolidate and amend the provisions for the application of Muslim Personal Law 
(Shariat) in the Province of West Pakistan. 
Preamble.– WHEREAS it is expedient to consolidate and amend the provisions for 
the application of Muslim Personal Law (Shariat) in the Province of West Pakistan; 
 It is hereby enacted as follows:– 
1. Short title and extent.– (1) This Act may be called the West Pakistan Muslim 
Personal Law (Shariat) Application Act, 1962. 
 (2) It extends to the whole of 
2
[Pakistan]. 
2. Application of the Muslim Personal Law .– Notwithstanding any custom or 
usage, in all questions regarding succession (whether testate or intestate), special 
property of females, betrothal, marriage, divorce, dower, adoption, guardianship, 
minority, legitimacy or bastardy, family relations, wills, legacies, gifts, religious 
usages or institutions, including waqfs, trusts and trust properties, the rule of 
decision, subject to the provisions of any enactment for the time being in force, shall 
be the Muslim Personal Law (Shariat) in cases where the parties are Muslims. 
3
[2-A. Succession prior to Act IX of 1948 .– Notwithstanding anything to the 
contrary contained in section 2 or any other law for the time being in force, or any 
custom or usage or decree, judgment or order of any court, where before the 
commencement of the Punjab Muslim Personal Law (Shariat) Application Act, 1948, 
a male heir had acquired any agricultural lan d under custom from the person who at 
the time of such acquisition was a Muslim– 
(a) he shall be deemed to have become, upon such acquisition, an 
absolute owner of such land, as if such land had devolved on him 
under the Muslim Personal Law (Shariat); 
(b) any decree, judgment or order of any court affirming the right of any 
reversioner under custom or usage, to call in question such an 
alienation or directing delivery or possession of agricultural land on 
                                                           
1This Act was passed b y the West Pakistan Assembly on  December 1 5, 1962  and on its having been assented to by the 
Governor of West Pakistan,  it was published in the  Gazette of West Pakistan (Extraordinary), dated Dec ember 31, 1962, p p. 
4683-4685. It has been adopted by the Federation, see the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975). For 
Statement of Objects and Reasons, see Gazette of West Pakistan (Extraordinary), dated December 15, 1962, pp. 4275-4276. 
2Substituted by the Federal Adaptation of Laws Order, 1975 (4 of 1975), published in the Gazette of Pakistan (Extraordinary), 
Part I, dated August 1, 1975, pp. 435-467, Article 2(2) read with Schedule, West Pakistan Acts. 
3Inserted by the West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance, 1983 (XIII of 1983), published in 
the Punjab Gazette (Extraordinary), dated August 1, 1983, pp. 355-A-355-B, s. 2. 
 
such basis shall be void, inexecutable and of no leg al effect to the 
extent it is contrary to the Muslim Personal Law (Shariat) Act; 
(c) all suits or other proceedings of such a nature pending in any court and 
all execution proceedings seeking possession of land under such 
decree shall abate forthwith: 
Provided that nothing herein contained shall be applicable to transactions past 
and closed where possession of such land has already been delivered under such 
decrees.] 
1
[3. Termination of limited estates under customary law .– The limited estates 
in respect of immovable property held by Muslim females under the Customary Law 
are hereby terminated: 
 Provided that nothing herein contained shall apply to any such estate saved 
by any enactment, repealed by this Act, and the estates so excepted shall continue 
to be governed by that enactment, notwithstanding its repeal by this Act.] 
4. Further operation of certain wills shall cease on the death of legatee -in-
enjoyment.– Where a will providing for more than one legatee succeeding to the 
testator’s property one after t he other is operative at the commencement of this Act, 
its further operation shall cease upon the death of the legatee-in-enjoyment. 
5. Devolution of property on the termination of life estate and certain 
wills.– The life estate terminated under section 3 or the property in respect of which 
the further operation of a will has ceased under section 4 shall devolve upon such 
persons as would have been entitled to succeed under the Muslim Personal Law 
(Shariat) upon the death of the last full owner or the testa tor as though he had died 
intestate; and if any such heir has died in the meantime, his share shall devolve in 
accordance with Shariat on such persons as would have succeeded him if he had 
died immediately after the termination of the life estate or the de ath of the said 
legatee: 
 Provided that the share to which a Muslim female holding limited estate under 
customary law would have been entitled under the Muslim Personal Law (Shariat) 
upon the death of the last full owner shall devolve on her. 
6. Sections 3, 4 and 5 only to be retrospective .– Save as expressly provided 
by the provisions of sections 3,  4 and 5, this Act shall have no retrospective 
operation. 
7. Repeal and savings.– (1) The following enactments are hereby repealed:– 
(a) The Punjab Limitation (Custom) Act, 1920
2
; 
(b) The Punjab Custom (Power to Contest) Act, 1920
3
; 
                                                           
1Substituted by the West Pakistan Muslim Personal Law (Shariat) (Amendment) Ordinance, 1963 (XXXIX of 1963)  (w.e.f. 
31.12.1962), published in the Gazette of West Pakistan (Extraordinary), dated November 21, 1963, pp. 4469-4470, s. 2. 
2Punjab I of 1920. 
3Punjab II of 1920. 
 
(c) The Muslim Personal Law (Shariat) Application Act, 1937
1
, in its 
application to West Pakistan; 
(d) The North -West Frontier Province Muslim Personal Law (Shariat) 
Application Act, 1935
2
; 
(e) The Punjab Muslim Personal Law (Shariat) Application Act, 1948
3
; 
(f) The Muslim Personal Law (Shariat) Application (Sind Amendment) Act, 
1950
4
; 
(g) The Bahawalpur State Shariat (Muslim Personal Law) Application Act, 
1951
5
; 
(h) The Khairpur State  Muslim Female Inheritance (Removal of Customs) 
Act, 1952
6
. 
 
7
[(2) * * * * * * * * *   ] 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
1Central XXVI of 1937. 
2N.W.F.P. VI of 1935. 
3Punjab IX of 1948. 
4Sind XXII of 1950. 
5Bahawalpur I of 1950. 
6Khairpur I of 1952. 
7Omitted by the West Pakistan Muslim Personal Law (Shariat) Application (Amendment) Act, 1964 (XXVIII of 1964)  (w.e.f. 
15.4.1964), published in the Gazette of West Pakistan (Extraordinary), dated April 15, 1964, pp. 1239 -1240, s. 2. Also omitted 
by the West Pakistan Muslim Personal Law (Shariat) (Amendment) Ordinance, 1963 (XXXIX of 1963)  (w.e.f. 31.12.1962) , 
published in the Gazette of West Pakistan (Extraordinary), dated November 21, 1963, pp. 4469-4470, s. 2.