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A person named Simon Master, having been a part of Christianity, embraced Islamic faith. Due to the non-recognition of his conversion, his family performed his funeral rites based on the laws of Christianity. Ali Thabu, a Christian who embraced Islamic Faith, intended to give a statutory declaration in respect of his religious practice. So far, there has been no way under the Muslim Personal Law (Shariat) Application Act, 1937.
The Kerala Government, therefore, formulated rules to fill the existing gaps. Section 4 of the act enables the State Government to make rules for carrying out the purpose of the act. Section of the act enables any person to give a statutory declaration about his willingness to be governed by Muslim Personal Law in a prescribed form.
If it weren’t for the directions High Court of Kerala, the mechanism could not have been established by the State Government. In Thadevoos @ Abu Thalib Vs. State of Kerala, the petitioner pleaded for a mechanism to make a declaration about his willingness to be governed by Muslim Personal Law and quoted the case of Simon Master, wherein the Muslim body contended that Simon Master must be buried as per Islamic Rites.
Having serious regard to this case, the High Court interpreted the word “may” in section 3 as mandatory in nature, and the consequence of framing rules, indeed, should be faced by the State Government.
As per the rules, any person intending to make such declaration should fill the Form-I, and submit the same to the appropriate authority after securing attestation from a Notary Public. The form contains the words “I intend to be governed by Muslim Personal Law on matters such as adoption, wills and legacies as specified in Section 3 of the Act”. Further, necessary proofs must be attached to this declaration form.
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