CUTCHI MEMONS OPT FOR ISLAMIC LAWS   

The following is meant to portray our heritage and legacy.  As far back as 1885, the Cutchi Memons were in the limelight of events as the article below taken from the Times of India shows our transition from Hindu to Islamic traditions and values in the Indian sub-continent.

The laws of the land pertaining to Cutchi Memons, enacted in 1920 and 1938, mentioned below, are even today studied in law books in India.  That a small society of people from Cutch could feature in law books and that it attracted the attention of the rulers of the day is amazing.  It speaks volumes

-  Editor

An Extract from the Times of India of October 29, 1985

A HUNDRED YEARS AGO!

The Cutchee Memon community have (sic) been successful in their (sic) endeavour to secure an alteration of the law enabling them to declare themselves subject to the Mahomedan, and not the Hindoo Law.  A bill of a permissive character has been introduced into the Viceregal Legislative Council by the Hon. Ameer Ali, and the community are in a fair way to obtaining those privileges which they apparently highly esteem.  The Cutchee Memons, although retaining many of the customs of their Hindoo progenitors, are in religion and feeling Mahomedans, and such as are strongly opposed to having their affairs judged by the standard of al alien faith.  As the Hon. C. P. Liberrt pointed out in the discussion in the Viceroy's Council, it is the policy of the Government of India to allow the utmost latitude to the people of the country in regard to legislative matters, and if a Cutchee Memon prefers the Mahomedan to the Hindoo law, the Government will not stand in the way of his obtaining the end he desires.

ACT NUMBER XLVI of 1920

An Act to enable Cutchi Memons to be governed in matters of succession and inheritance by Muhammadan Law.

WHEREAS it is expedient to those Cutchi Memons who so desire to be governed in matters of succession and inheritance by Muhammadan Law;

It is hereby enacted as follows:

Short Title

1. This Act may be called the Cutchi Memons Act, 1920.

Power to make a declaration

2. Any Cutchi Memon who

(a) has attained the age of majority, and

(b) is resident in British India

may, in the prescribed form, filed before the prescribed authority declare that he desires to obtain the benefit under this Act, and thereafter the declarant and all his minor children and their descendants shall in matters of succession and inheritance be governed by the Muhammadan Law.

Rulemaking power of local governments

3. (1) The local government may make rules prescribing the authority before whom and the form in which the declarations under this Act shall be made,

   (2) Rules made under the provisions of this section shall be published in the local official Gazette and shall thereupon have effect as if enacted in this Act.

THE CUTCHI MEMON ACT, 1938

(ACT X OF 1938)

(THE TEXT OF THIS ACT PRINTED HERE IS AS OF August 31, 1970)

April 8, 1938)

An Act to provide that all Cutchi Memons shall be governed in matters of succession and inheritance by the Muhammadan Law.

WHEREAS it is expedient that all Cutchi Memons be governed in matters of succession and inheritance by the Muhammadan Law, it is hereby enacted as follows:

[For Statement of Objects and Reasons see Gaz. of Ind. 1937, Part V Page 271. This Act has been extended to states merged in the State of Bombay: see Bombay Merged States (Laws) Act, 1950 (BOM. Act 4 of 1950).  Sch. II, Part 1 (30-3-1950):  Bombay State has been divided into two states - Gujarat and Maharashtra by Act II of 1960. Some districts of Bombay State have been transferred to the State of Mysore. The Act would thus extend to the Bombay area of the Mysore State as well. It has also been extended to States merged in the State of Tamil Nadu (Madras) by Tamil Nadu Merged States (Laws Act, 1949 (T.N.Act 35 of 1949).  Section 3 and Schedule I (1-1-1950) and to the territories transferred to the States of Tamil Nadu from the erstwhile Travancore-Cochin Sate by Act 37 of 1956:  see T.N. (Transferred Territory) Extension of Laws Act, 1960 (T.N.Act XXIII of 1960, S 4 and Sch I (w.e.f. 22-3-1961).

The Act has been applied to the Sonthal Parganas district and the Chotta Nagpur division subject to certain modifications by the Bihar Government Notification No.1089/A-15-14- J R, dated August 31, 1940.  It has also been applied to all the partially excluded areas of the province of Orissa Government Notf, No 2266-IIIc 14/41 Com., d/- 23-7-1942.  It was applied to the United State of Saurashtra by that Government's Notification No. LD/198 dated 22-11-1949 p.1023.  Saurashtra is now part of Gujarat State.

Short Title and Commencement: 

1. This Act may be called THE CUTCHI MEMONS ACT, 1938.  It shall come into force on the 1st day of November 1938.

2. Cutchi Memons to be governed in certain matters by Muhammadan Law.  Subject to the provision of Section 3, all Cutchi Memons shall, in matters of succession and inheritance be governed by the Muhammadan Law.

3. Savings:  Nothing in this Act shall effect any right or liability acquired or incurred before its commencement, or any legal proceeding or remedy in respect of any such right or liability, and any such legal proceedings or remedy may be continued or enforced as if this Act has not been passed.

4. Repeal: (Repealed by the Repealing and amending Act, 1941 (25 of 1941) S. 2 and Sch. 1)