Question

Which of the following sections of the Muslim Personal Law (Shariat) Application Act, 1937 have been repealed/ amended by section 6 of the Dissolution of Muslim Marriage Act, 1939?

• A. Section 4
• B. Section 5
• C. Section 6
• D. Section 7

Hint:

The Dissolution of Muslim Marriage Act, 1939 was a major reform. It provided a comprehensive set of grounds for divorce for women, and in doing so, it repealed and replaced the earlier, more limited provisions contained in Section 5 of the Shariat Act, 1937.

Answer 1

The Correct Option is B

Before the Dissolution of Muslim Marriage Act, 1939, a Muslim wife could only get a divorce under limited grounds, and conversion to another faith was one way to end the marriage. Section 5 of the Shariat Act, 1937, dealt with the option to get a decree for dissolution. The 1939 Act was passed to give Muslim women more extensive and clearer grounds for divorce. Section 6 of the Dissolution of Muslim Marriage Act, 1939, explicitly repealed Section 5 of the Shariat Act, 1937. This was done because the new Act of 1939 provided a comprehensive code for divorce initiated by a Muslim wife, making the provisions of Section 5 of the 1937 Act redundant.