Islamic Law (Restatement) Act

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Tanzania

Islamic Law (Restatement) Act


Chapter 375

Legislation as at 31 July 2002

FRBR URI: /akn/tz/act/1964/56/eng@2002-07-31

There may have been updates since this file was created.

PDF created on 3 November 2023 at 09:00.

Collection last checked for updates: 31 July 2002.

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The legislation in this collection has been reproduced as it was originally printed in the Government Gazette, with
improved formatting and with minor typographical errors corrected. All amendments have been applied directly to
the text and annotated. A scan of the original gazette of each piece of legislation (including amendments) is available
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Islamic Law (Restatement) Act
Contents
1. Short title ........................................................................................................................................................................................................... 1

2. Preparation of statements of Islamic Law ............................................................................................................................................. 1

3. Published declarations to be authoritative ........................................................................................................................................... 1

4. Application to Muslim Asians ..................................................................................................................................................................... 1

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Islamic Law (Restatement) Act Tanzania

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 Act has been thoroughly revised and consolidated under the supervision of 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. This version is up-to-date as at 31st July 2002.]

[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.

Cap. 28

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