MODULE 3
L.PRAGADI
132002097
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MODULE 3
L.PRAGADI 132002097
MUSLIMS – SHIA AND SUNNI
- (^) Established by prophet Mohammad
- (^) Shariat act, 1937
- (^) Dissolution of Muslim Marriage Act, 1939
SOURCES OF MUSLIM LAW
- (^) PRIMARY SOURCES Quran Hadeeths/ traditions of prophets Ijma Qiyas
- (^) SECONDARY SOURCES Urf/ Tammul Legislations Judicial precedents Fatwas Work of scholors
QURAN
- (^) Primary and fundamental source of ISLAM
- (^) Ayats/ 6237 verses
- (^) Regarded as Al-Furqan- something that shows the truth from falsehood and right from wrong
- (^) ‘QURRA’ means the reading in Arabic
- (^) The word of God revealed to prophet mohammad by the Angel Gabriel
- 3 rd^ caliph Usman wrote the quran which is the present version of it and burnt all the existing parts written by people.
- (^) QURAN is accepted by both the muslims
IJMA
- (^) Unanimous opinions or decisions of the scholor
- (^) View of the learned people
- (^) No specific timings or era
- (^) When no clearcut idea in both quran and hadeeths, Ijma is used and scholars in law will decide
QIYAS
- Analogical deduction
- The scholars will analyze and compare the present problem to the similar problem in the texts and get the answer
- (^) The Hanafi school of thought very strongly supports Qiyas
CUSTOMS CONDITIONS
- (^) A custom must be in existence from time immemorial
- (^) A custom must be practiced without interruption; continuity is an essential feature of the custom.
- (^) custom must have been enjoyed peacefully by the concerned people.
- (^) Custom must be certain. NO VAGUENESS
- (^) The customs must be in consistency with other custom.
- (^) Custom should not be against the statute law, or the moral.
- (^) Reasonable one
Legislations
- (^) the Muslim Personal Law (Shariat) Application Act, 1937
- (^) The Dissolution of Muslim Marriages Act, 1939
- (^) MUSLIM WOMEN PROTECTION OF RIGHTS ON DIVORCE ACT, 1939
- (^) COMMON ACTS TOO
FATWAS
• EDUCATED PEOPLE’S OPINION
- (^) Expert in religious laws WORK OF SCHOLARS Eminent people, who have researched in islam
SUNNI SCHOOLS
• HANAFIE
• SHAFFIE
• HANABALI
• MALIKI
Other schools
• Ibadi
• Ahmadiya
HANAFI
- (^) Sirajiyya books of hanfi school
- (^) Most popular and first school
- (^) In india, majority are from hanfi school, unless they prove
- (^) Founded by Abu Hanafee
- (^) 2 disciples coded
- (^) Imam abu yusuf
- (^) Imam Mohammad from ijma
SOCIAL CONCEPT
- (^) A social duty or the obligation
- (^) A way to protect the society from unchastity and foulness
- (^) A moral safeguard
- (^) A social need
RELIGIOUS CONCEPT
- (^) A religious requirement
- (^) Prophet When a man marries, he has fulfilled half the religious duty, so let him fear allah regarding the remaining life