ABSTRACT
It would at first sight seem somewhat of an anomaly that the Ordinances of a territory in which, so far as its Northern Provinces are concerned, Islamic law is in fact applied more widely than in any other part of the British Empire, except the Aden Protectorate, should include virtually no reference whatever to that law. Perhaps the onlyl exception to this generalisation occurs in the Sheriffs and Enforcement of Judgments and Orders Ordinance, 1945, where section 53 reads: -
"(I) In the application of sections 43 to 522 to the Northern Provinces the following provisions shall apply:- (a) where all parties to a suit are Muhammadans,3 or (b) where in any other suit the person applying for a writ of execution and
the person against whose property the writ is to be directed are Muhammadans, the court to which application is made shall be guided by the principles of Muhammadan law relating to the levying of execution of immovable property and any writ issued against immovable property shall in such a case as aforesaid be issued subject to Muhammadan law and the person applying for such writ shall prove the Muhammadan law on the point whether or not such Muhammadan law is to his benefit.
