1565155168-The Islamic Law (Restatement) Act, 1964

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NAKALA MTANDAO (ONLINE DOCUMENT)

THE UNITED REPUBLIC OF TANZANIA

No. 56 OF 1964

I ASSE
J K.
President
19TH DECEMBER, 1964

An Act to provide for the Restatement of Islamic Law

[11TH DECEMBER, 1964]

ENACTED by the Parliament of the United Republic of Tanzania.

1. This Act may be cited as the Islamic Law (Restatement) Act, 1964. Short title

2.-(1) The Minister for the time being responsible for legal affairs Preparation
(hereinafter referred to as the Minister) may prepare or cause to be of statements
prepared statements of the Islamic law on such subjects and according of Islamic
law
to such schools (including such qualifications thereof and such additions
and amendments and matters of practice relating thereto as, by the
consensus of persons learned in the relevant school of law, obtain in
Tanganyika) as he considers appropriate or expedient for the purposes
of this Act, and may publish the same in the Gazette:

Provided that no statement shall include any provision purporting


to declare any act or omission criminal.

(2) Every such statement shall specify the school to which it relates
and, if one such statement relates to two or more schools which make
different provision in relation to the same subject, the statement shall
identify such differences and specify the school to which each relates.

3. Where any statement is published in the Gazette, it shall be Published


deemed to be an authoritative, conclusive and proper statement of the declarations
Islamic law in respect of the subject and according to the school to to be
which it relates and shall be applied and given effect to accordingly authoritative
by all courts in such cases and matters as are to be determined in
accordance with such school of the Islamic law.
NAKALA MTANDAO (ONLINE DOCUMENT)

2 No. 56 Islamic Law (Restatement) 1964

Application 4. For the avoidance off doubts it is hereby declared that the provisions
to Muslim of any relevant statement published under this Act shall apply to cases
Asians
and matters in which Islamic law of the relevant school applies by virtue
Cap. 112 of the Marriage, Succession and Divorce (Non-Christian Asiatics) Ordi-
nance.

Passed in the National Assembly on the first day of December, 1964.


-
Msekwa
Clerk ional Assembly

Printed by the Government Printer, Dar es Salaam.

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