The Supreme Court on Monday issued notices to the Union Government and the State of Uttar Pradesh, asking them to explain why rules under Section 4 of the Muslim Personal Law (Shariat) Application Act, 1937 have not been notified.

A Bench of Justice Sanjay Karol and Justice Augustine George Masih raised this issue while examining whether this provision has actually come into force in the state.

Why Section 3 Cannot Be Used:

The court highlighted a major problem: without these rules, Muslims cannot properly file the declaration under Section 3 to choose Shariat Law for personal matters such as marriage, maintenance, inheritance, and guardianship. Once this declaration is accepted by the designated authority, it becomes binding on the declarant and their heirs.

Section 4 requires the state to prescribe how this will be done — the form, the authority and the procedure — so that wills under Shariat can be legally recognised. However, no such rules exist, creating a procedural black hole.

Case Background:

The issue came up in an appeal filed by Gohar Sultan, daughter of late Mst. Nawab Begum. She challenged a 2011 Delhi High Court judgment that rejected her mother’s 1992 will because it did not meet proof requirements under the Indian Succession Act, 1925.

The High Court refused the will since the only attesting witness turned hostile. Also, there was no formal declaration under Section 3 by the testatrix to apply Muslim Personal Law, so the stricter secular rule requiring two attesting witnesses was applied.

The appellant’s lawyer argued that such a declaration could not be made because Uttar Pradesh never framed the rules required under Section 4. The Bench noted: “It is brought to our notice that thus far, there is no compliance of Section 4 thereof.”

Centre & UP Added As Parties:

Because of this, the court decided to add the Union of India (through its Secretary, Department of Legislation) and the State of Uttar Pradesh (through its Chief Secretary) as respondents, as the testatrix’s connection with Uttar Pradesh prevented her from filing the declaration.

The case will be heard again on February 18, 2026.The newly added parties have been directed to file affidavits on the “latest status.”

Case Detail: SMT. GOHAR SULTAN VERSUS SHEIKH ANIS AHMAD & ANR.