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Ppt on the Muslim family law, Slides of Family Law

Ppt on the Muslim family law types of talaq

Typology: Slides

2020/2021

Uploaded on 08/10/2021

pragadilokesh
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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