The United Republic of Tanzania: 19TH DECEMBER, 1964
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Godfrey FidelisThe United Republic of Tanzania: 19TH DECEMBER, 1964
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Godfrey FidelisTHE UNITED REPUBLIC OF TANZANIA
N o . 56 OF 1964
I ASSENT,
President
19TH DECEMBER, 1964
An A c t to provide for the Restatement of Islamic Law
[11TH DECEMBER, 1964]
E N A C T E D by the Parliament of the United Republic of Tanzania.
S h o r tt i t l e
1. This Act m a y be cited as the Islamic Law (Restatement) Act, 1964.
2.-(1) The Minister for the time b e i n g responsible for legal affairs Preparation
(hereinafter referred to as the M i n i s t e r ) m a y p r e p a r e or cause to be of statements
of Islamic
prepared statements of the Islamic law on such subjects and according
law
to such schools (including such qualifications thereof and such additions
and a m e n d m e n t s and m a t t e r s of p r a c t i c e r e l a t i n g t h e r e t o as, by the
c o n s e n s u s of p e r s o n s learned in the relevant school of law, obtain in
Tanganyika) as he considers appropriate or expedient for the purposes
of this Act, and m a y p u b l i s h the same in the Gazette:
P r o v i d e d that no s t a t e m e n t shall include any p r o v i s i o n p u r p o r t i n g
to declare any act or o m i s s i o n criminal.
(2) Every such statement shall specify the school to which it relates
and, if one such statement relates to t w o or m o r e schools which m a k e
different provision in relation to the same subject, the statement shall
identify such differences and specify the school to w h i c h each relates.
, 3. W h e n : a n y s t a t e m e n t is p u b l i s h e d in t h e Gazette, it shall be Published
deemed to bie an authoritative, conclusive and proper statement of the declarations
Islamic law in respect of the subject and according to the school to to be
w h i c h it relates and shall be applied and given effect to accordingly authoritative
b y all c o u r t s i n s u c h c a s e s a n d m a t t e r s a s a r e t o b e d e t e r m i n e d i n
accordance with such school of the Islamic law.
2 No. 56 Islamic Law (Restatement) 1964
Application 4. F o r t h e a v o i d a n c e o f f d o u b t s it is h e r e b y d e c l a r e d t h a t t h e p r o v i s i o n s
Asmnf ™ 1
of any relevant statement published under this A c t shall apply to cases
and matters in w h i c h Islamic l a w of the relevant school applies by virtue
C a p . 1 1 2 of the Marriage, Succession and Divorce (Non-Christian Asiatics) Ordi-
nance.
Passed in the National Assembly on the first day of December, 1964.
Clerk of the national Assembly
Printed by the Government Printer, Dar es Salaam.
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