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Islamic Law (Restatement) Act

Chapter 375

Islamic Law (Restatement) Act
Citation
Chapter 375
Date
31 July 2002
Language
English
Type
Act
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Tanzania

Islamic Law (Restatement) Act

Chapter 375

  • Published in Tanzania Government Gazette
  • Commenced on 11 December 1964
  • [This is the version of this document at 31 July 2002.]
  • [Note: This legislation was revised and consolidated as at 31 July 2002 and 30 November 2019 by the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. All subsequent amendments have been researched and applied by Laws.Africa for TANZLII.]
[Act No. 56 of 1964; R.L. Cap. 570]An Act to provide for the restatement of Islamic Law.

1. Short title

This Act may be cited as the Islamic Law (Restatement) Act.

2. Preparation of statements of Islamic Law

(1)The Minister for the time being responsible for legal affairs (hereinafter referred to as the Minister) may prepare or cause to be prepared statements of the Islamic law on any subjects and according to the schools (including any of their qualifications, additions, amendments and other matters of practice relating to them which, by the consensus of persons learned in the relevant school of law, obtain in Mainland Tanzania) which he considers appropriate or expedient for the purposes of this Act, and may publish them in the Gazette:Provided that no statement shall include any provision purporting to declare any act or omission criminal.
(2)Every statement shall specify the school to which it relates and, if one statement relates to two or more schools which make different provision in relation to the same subject, the statement shall identify those differences and specify the school to which each relates.

3. Published declarations to be authoritative

Where any statement is published in the Gazette, it shall be deemed to be an authoritative, conclusive and proper statement of the Islamic law in respect of the subject and according to the school to which it relates and shall be applied and given effect to accordingly by all courts in any cases and matters which are to be determined in accordance with that school of the Islamic law.

4. Application to Muslim Asians

For the avoidance of doubt it is hereby declared that the provisions of any relevant statement published under this Act shall apply to cases and matters in which Islamic law of the relevant school applies by virtue of the Succession (Non-Christian Asiatics) Act1.1Cap. 28
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History of this document

31 July 2002 this version
Consolidation
11 December 1964
Commenced

Cited documents 1

Act 1
1. Succession (Non-Christian Asiatics) Act 2 citations

Documents citing this one 2

Gazette 1
1. Tanzania Government Gazette dated 1967-06-30 number 28
Journal 1
1. Law Reformer Journal, Vol. 4, 2013, Number 1

Subsidiary legislation

Title
Statements of Islamic Law, 1967 Government Notice 222 of 1967