Sources of Muslim Law

#highlawgroup

• Primary sources :-

(1) Quran

The word Quran is a drive from the Arabic word 'Qurra' which means to read. it was revealed to profit Mohammed through angel Gabriel for benefit of mankind. The Quran in its present from a book its divided into 114 Chapter and 6666 verses. The verses of Quran are called 'Ayat' and the chapter of this holy book are called.

The Quran was over two periods :-

(1) Meccan [ deal with philosophy of life and Islamic religion]

(2) Medinan [it is deal with legal principles]

The word of Quran is divine in nature. it can not be amended, revised or modified by any institution or human agency. The sacred book has been translated into number of languages

(2) Ijma:-

Ijma is a consensus within Muslim jurist on a particular legal issue .

Ijma has been define by Sir Abdula Rahim :- Ijma is a agreement of the jurists among the followers of prophet Mohammad in a particular age on a particular question of law .

There are three types of Ijma:-

(a) ijma of companions:- it was opinion of companions of Prophet. It was considered to be most reliable.

(b) Ijma of jurist :- It was unanimous decision of jurists in absence Ijma of companions

(c) Ijma of people:- It formed by majority of Muslim by establishing rule of law by general agreement.

(3) Sunna( Ahadis):-

Sunna or Ahadis means traditions of the prophet which supplement Quran.

It is the model behaviors' of the prophet. The narrations of "what" the prophet said did or tacitly allowed" is called Hadis. or traditions.

Quran supplemented by Sunna framed the whole body of Mohammadan law

- Civil Criminal and religious.

Sunna consists of :-

(a) Sunnat-ul-Qual (saying of prophet)

(b) Sunnat-ul -fail (The doings or prophet of behaviors')

(c) Sunnat-ul- Taqrir (The things done in his presence without his disapproved)

(4) Qiyas:-

Qiyas is the fourth primary source of Islamic law, in the Arabic language qiyas means 'measurement ' it means analogical reasoning.

Qiyas is know measuring or equality , and wight of something.

there are no clear authorities of Qiyas in the Quran . however many jurists have provided several proofs from the Quran and Sunna.

Qiyas was as the method of comparing the problem of society. with a similar problem for which solution . was given in the tax.

(1 ) custom:- customs are basically practices that people follow continuously for long period of time in fact it is followed for as long that its obtains the status of law in some cases .

In case Abdul Hussein vs Sona Dero , the court observed that customs will prevail over old written text of law if it is ancient and invariable

(2) judicial decision :- the decision of the privy council , the supreme court ; high court of india become source of law for the subordinate and Muslim law is no exception this judicial practice.

In absence of any text of Muslim law , then the court may interpret a rule of law , rules of law , rules of justice equity and good conscience.

(3) Legislation:- Muslim law is not codified, but parliament has made some laws to regulate Islamic practics , Some importance enactment on Muslim personal law are :-

(a) The Musselman waqf Validating Act 1913

(b) The Muslim Personal law Application Act 1937

(c) Muslim Women (Protection of Rights on Divorce Act 1986 )

(d) Muslim women Protection on Rights of marriage Act 2019

R.K Choudhury