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Muslim Law

 Muslim Law is a divine law as opposed to man made law which are passed by legislature. The concept of oneness of God is unlike Hindus which believe in the plurality of Gods. Muslims believe that Mohommad was the last prophet sent by God (Allah) and the Quran is the only revealed book of Allah.


They acknowledge religious preachers and leaders after Mohammad but they were not considered prophets. Islamic society was not divided on the basis of caste like Hindu society and everyone was considered as an equal in the eyes of God. They are divided on the basis of ideology or politics (Shia/Sunni).


Who is Muslim?

A person whose religion is Islam and who follows Islam they are called Mohammedan or Musalman.

One who says that there is one God and that is prophet Mohammad.

Muslim by birth.

Muslim by conversion.


What is Islam?

Islam is a Arabic word which means submission to the will of God.

Legally Islam is a religion in which it is believed that God (Allah) is one and only one.


To whom Muslim Law apply?

Muslim by Religion;

Muslim by birth

Muslim by conversion

Muslim by Birth;

Both parents are belongs to Muslim religion.

One of the parent is belongs to Muslim religion the other one is belongs to any other religion.

Any other person not govern by any other laws;


To whom Muslim Law not apply?

Any person who is not Muslim;

Any person who converted himself in any other religion other than Muslim religion;


What are the Schools of Muslim Law?

The Muslim community devided in two parts on the basis of politics. That is, Shia favors successor leaders and Sunni favors elected leaders.

Under the Shia’s school there are two major sub-schools such as follows:

Ithana: This type of school follows the successor of Prophet Mohammad. It further divided in two parts;

Akhari

Ushali

Ismail: This type of school follows Ismail who was the son of the 6th Imam. It further divided in two parts;

Khojas

Bohras of Borobay

Zaidi: This type of school follows the 1st son of the 4th Imam.

 

Under Sunni’s school there are four major sub-schools such as follows:

Hanafi: Abu Hanifa was the founder of this school. He was known as a master of jurisprudence. He also extended the doctrine of Ijma and interpretation of the text. This type of school is prevalent in Arabia, Syria, Turkey, Egypt & India.

 

Maliki: Malik Iba Annas was the founder of this school. This school follows the tradition and the validity of Ijma. This type of school is prevalent in North Africa & Spain.

 

Shafei: Muhammed Ash – Shatei was the founder of this school. He adopted the views of Abu – Hanifa and his master Imam Malik. He was also the founder of science of usual principle and wrote legal treatises. This type of school is prevalent in South India.

 

Hanbali: Abu Abdullah Hamid Ihn Harabal was the founder of this school. He placed implicit reliance on tradition and restricted Qiyas & Ijma to narrow limits. He gave liberal interpretation of traditions


What is the difference between Shia and Sunni schools?

There are some basic differences between these schools based on the certain conditions and the restrictions imposed by their founders. Some of them are as follows;

Under Shia school marriage between non Muslim religion are not allowed whereas in Sunni school they can marry Muslim man with non Muslim woman only if she is kitabia or converted the religion before marriage is allowed.


Under Shia school the talaq must be pronounced orally in presences of two competent witnesses whereas in Sunni school talaq pronounced without witness or even without presence of wife is considered valid.


What are the Sources of Muslim Law?

There are total eight sources of Muslim Law in which four sources are known as formal or primary sources and rest of four sources known as informal or secondary sources.

The Quran (koran): This is the first primary sources of Muslim Law.

This is the word of God. The word ‘Quran’ is derived from the Arabic word ‘Quarra’ which means ‘to read’.

This is the collection of 23 years of the revolution of prophet Mohammad arranged by Abu Bakar (1st khalifa) and revised by Usman (3rd khalifa) after which it is declared as a Holy book and cannot be amended anymore.

It consists of 6,000 verses out of which 200 deal with legal principles such as marriage, matrimonial remedies maintenance, acknowledgment of paternity, transfer of property, gift, will, inheritance etc.

Abolished objectionable customs like female infanticide, gambling, usury and unlimited polygamy.

Provisions for safeguarding the interests of Minors and disabled and for overall increasing the status of women were also there.

The Sunnah (sunnat) the path: This is the second primary sources of Muslim Law.

Whatever the prophet said, did or allowed tacitly is called ‘hadis’ (traditions);

Sunnat-ul-qual – whatever the prophet said in words.

Sunnat-ul-fail – whatever he did.

Sunnat-ul-tuqiri – whatever he allowed to be done without actually saying it (tacitly) can be manipulated, can be used as a political weapon compiled called monads.

 

Ijmaa: This is the third primary sources of Muslim Law.

Consensus of the most learned members of the community this source has been validated by both the Quran and the prophet ( via Sunnat)

 

Qiyas: This is the fourth primary sources of Muslim Law which is basically;

A collection of rules and principles deductible by the method of analogy and interpretation from the Quran, Sunnah and Ijma.

It is not recognized by Shia’s they say that only imam can widen it no one else.

 

Legislation: This is the first secondary sources of Muslim Law in which;

Though most of Muslim Law is not codified but some of it is codified such as follows;

Shariat Act, 1937

Dissolution of Muslim Marriage Act, 1939

The Muslim Women Act, 1985 (protection of rights on divorce)

The Muslim Women Act, 2019 (protection of rights on marriage)

 

Customs and usages having force of law: This is the second secondary sources of Muslim Law. The custom are now regarded as a legitimate source of Muslim Law but they are considered inferior in position hierarchically after Quran, Sunnah, Ijma and superior to Qiyas.

 

Judicial Decision: This is the third secondary sources of Muslim Law. It may be a decision of the privy council, the Supreme Court and High Court of India are regarded as a precedent for future cases.

 

Justice, Equity and good conscience: The doctrine of justice, equity and good conscience is the fourth secondary sources of Muslim Law. The rule of law is based here on the analogy that could be set aside at the option of a judge on a liberal construction or juristic preference to meet the requirement of a particular case.Muslim Marriage (Nikah):It is a contract that only requires the fulfillment of the conditions of a valid contract of marriage. No ceremony required for marriage.What are the essential conditions of a valid contract of nikah?


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All about Muslim Law

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  2. Muslim Law is a divine law as opposed to man made law which are passed by legislature. The concept of oneness of God is unlike Hindus which believe in the plurality of Gods. Muslims believe that Mohommad was the last prophet sent by God (Allah) and the Quran is the only revealed book of Allah.


They acknowledge religious preachers and leaders after Mohammad but they were not considered prophets. Islamic society was not divided on the basis of caste like Hindu society and everyone was considered as an equal in the eyes of God. They are divided on the basis of ideology or politics (Shia/Sunni).


Who is Muslim?

A person whose religion is Islam and who follows Islam they are called Mohammedan or Musalman.

One who says that there is one God and that is prophet Mohammad.

Muslim by birth.

Muslim by conversion.


What is Islam?

Islam is a Arabic word which means submission to the will of God.

Legally Islam is a religion in which it is believed that God (Allah) is one and only one.


To whom Muslim Law apply?

Muslim by Religion;

Muslim by birth

Muslim by conversion

Muslim by Birth;

Both parents are belongs to Muslim religion.

One of the parent is belongs to Muslim religion the other one is belongs to any other religion.

Any other person not govern by any other laws;


To whom Muslim Law not apply?

Any person who is not Muslim;

Any person who converted himself in any other religion other than Muslim religion;


What are the Schools of Muslim Law?

The Muslim community devided in two parts on the basis of politics. That is, Shia favors successor leaders and Sunni favors elected leaders.

Under the Shia’s school there are two major sub-schools such as follows:

Ithana: This type of school follows the successor of Prophet Mohammad. It further divided in two parts;

Akhari

Ushali

Ismail: This type of school follows Ismail who was the son of the 6th Imam. It further divided in two parts;

Khojas

Bohras of Borobay

Zaidi: This type of school follows the 1st son of the 4th Imam.

 

Under Sunni’s school there are four major sub-schools such as follows:

Hanafi: Abu Hanifa was the founder of this school. He was known as a master of jurisprudence. He also extended the doctrine of Ijma and interpretation of the text. This type of school is prevalent in Arabia, Syria, Turkey, Egypt & India.

 

Maliki: Malik Iba Annas was the founder of this school. This school follows the tradition and the validity of Ijma. This type of school is prevalent in North Africa & Spain.

 

Shafei: Muhammed Ash – Shatei was the founder of this school. He adopted the views of Abu – Hanifa and his master Imam Malik. He was also the founder of science of usual principle and wrote legal treatises. This type of school is prevalent in South India.

 

Hanbali: Abu Abdullah Hamid Ihn Harabal was the founder of this school. He placed implicit reliance on tradition and restricted Qiyas & Ijma to narrow limits. He gave liberal interpretation of traditions.


What is the difference between Shia and Sunni schools?

There are some basic differences between these schools based on the certain conditions and the restrictions imposed by their founders. Some of them are as follows;


 


Under Shia school there is no witness required for marriage whereas in Sunni school there are two male witnesses or one male witness and two female witnesses are required for marriage.


 



Under Shia school marriage between non Muslim religion are not allowed whereas in Sunni school they can marry Muslim man with non Muslim woman only if she is kitabia or converted the religion before marriage is allowed.


Under Shia school the talaq must be pronounced orally in presences of two competent witnesses whereas in Sunni school talaq pronounced without witness or even without presence of wife is considered valid.





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