Sources of Muslim Law, Slides of Family Law

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SOURCES OF

MUSLIM LAW

PRIMARY SOURCES

_1. Quran(Holy book)

2. Sunnat & Hadith (Traditions & model behavior of_

prophet)

3. Ijma(consensus of opinion, Majority opinion of the

jurist)

4. Qiyas (Analogical deduction of first three sources)

SECONDARY SOURCES

1. Custom or Urf.
2. Legislations.

Dissolution of Muslim Marriage Act,

Shariat Act,

Musalman Waqf validating Act,

Muslim women(Protection on divorce Act), 1986.

3. Judicial decisions.(Precedents, case Laws)
4. Equity, justice & good conscience. (Principle of

common Law, put as a saving clause)

SOURCES OF MUSLIM LAW

It is the first & paramount/universal authority on Muslim Law.

The word Quran is derived from a an Arabic word “Qurra”, which means to read.

It contains divine revelation to the prophet , through the angel ‘Gabriel’. It is the foundation upon which the

whole structure of Islam rests.

Chapters on Quran are called ‘Sura’, & the verses is called ‘Ayat.’ In present form this holy book contains 6237

verses called Ayat divided into 114 chapters called Sura.

Quran contains metaphysical & abstract opinion, theological views, ethical &religious commandments of “Allah”.

Quran was given to the world in fragments, during a period of 23 years (609 to 632 A.D.)

Quran was not complied during the life time of prophet, rather it was collected & complied by ‘Abu Bakr’, during

his two years rule.

1.QURAN

 Any word used or act done by Prophet is called Hadis. If this hadis is followed by number of persons it becomes Sunna.

 SUNNAT:

 Sunnat are traditions or model behavior of the Prophet.

 It contains both manifest revelation (Zahir) & Internal revelation(Batil).

 Manifest revelation was made by Gabriel, he told the prophet messages of the god. Internal revelation were actually the opinion of the

prophet on different issues.

 Sometimes no direct revelation came to the prophet for several days, in the meanwhile he has to give solutions to different problems,

in such situations prophet used his own judgment. Thus what was said, done or upheld in silence by prophet also carries great value.

 Broadly, sunnat are divided into three forms:

1. SUNNAT-UL-QAUL(Words spoken):Traditions which he expressed by words.
2. SUNNAT-UL-FAIL(Conduct): Which the prophet did himself.
3. SUNNAT-UL-TAQRIR(Silence): The things done in his presence without his disapproval,

2.SUNNAT & HADITH

Ijma is the third important source in point of time & importance, also called “ consensus of opinion.”

It is an agreement of jurist & basically the majority opinion of the scholar on a particular topic.

In other words, it is concurrurence of preposition which is accepted as indisputable.

There are three kinds of Ijma:-

Ijma of the companions of prophet.

Ijma of the jurist.

Ijma of the People.

Today ijma is the major authority to deal with the present system of Islam religion.

3. IJMA

It is the last among primary sources of law.

It means measuring or comparing by analogy with a similar problem for which solutions was given in the texts.

Also called as analogical deductions from top three sources.

It consist of process of deductions by which the law of the text is applied to the real cases & problems of the

present scenario.

For e.g. Wine is haram in Islamic Law, Does smoking also comes within the purview of intoxification? The answer

to this question can be ddecided by analogical deductions.

4.QIYAS

2. JUDICIAL DECISIONS

The decision of the privy councils, the supreme court as well as of the high courts in India are regarded as

precedents for future cases and becomes an authority for subsequent cases arising in subordinate courts. On

some points the judicial decisions have completely modified the pure Muslim Law. For eg.

In Mohd. Ahmed khan v. shah bano begum(1986)

Maintenance u/s 125 crpc. in addition to personal laws allowed.

In Sarla Mudgal Case & Lily thomas V. union of India :- Supreme court directed that malafide second marriage( by

way of conversion) will be considered as committing fraud on the religion. Validity challengeable in court u/s.

IPC.

Concept of adoption….

CONTINUED…..

3. LEGISLATION

Muslims in our country are also governed by various legislations passed by the various legislators or parliament

from time to time. For e.g.

The child marriage restraint Act,1929.

Shariat Act, 1937.

Muslim women (Protection of rights on divorce Act) 1986.

Criminal procedure code,1973.

Domestic violence Act ,2005.

CONTINUED….