Muslim Law

Note on Muslim Law for entrance examinations of Delhi University Entrance, CLAT, MHCET and other Examinations. 

Types of Law

Laws are either codified or un codified

Codified Law

These are the laws arranged systematically.

e.g. Hindu Law, Contract Act etc

Un codified Law

These are the laws took from custom or

Precedents

 

Law can be again divided into

1. Personal Law

Law made for particular religion etc

2. Territorial Law

It is made for a particular territory of

Particular People

 

Who is a Muslim?

A Person who adopts the faith of Islam is a Muslim.

Begin with Prophet Muhammad

- He born in 571AD, at Mecca

- He died in 632 AD at Medina

Prior to that, governed by their own rules and regulations.

 

 

 

There are 5 Pillars of Islam

1. Full Faith in Allah Becoming a Muslim

Born into Muslim Family

or

Convert to Islam

or

Reconvert to Islam
2. Namaz 5 times
3. Alarm giving
4. Roza
5. Pilgrimage, visit to Mecca

 

Schools of Muslim Law

1. Sunni Schools

- Supported by Majority

-Caliphs

- 1st Caliph Abu Baker (Wife Ayeasha's father)

- Prevails in India

 

2. Shia Schools

- Supported by Minority

- Imams

- 1st Imam Ali (Son in law- Fatima's Husband)

- Does not prevail in India

1. Nikah - Marriage

2. Talaq - Divorce

3. Dower - Token of respect amount by husband to wife

4. Tahrs - Parity - Husband can give divorce only between 2 tahrs.

5. Idat - Seclusion period (Divorce---> Seclusion time--> Next Marriage). So that paternity of child is not an issue.

6. Halala - Nikah Halala is an Islamic practice in which a woman after getting divorced through triple talaq marries another man, consummates the marriage and then she can remarry her former husband.

7. Ibadat - Devotional Act

8. Muamalat - Transaction or dealing

 

 

 

Sources of Muslim Law

I. Primary Sources

Prophet Muhammad's times Laws

1. Quran

- Verses - 6,237

- Chapters - 114

 

2. Sunas & Ahadis

- Practices of Prophet Muhammad

 

3. Ijmas

- Consensus

- Source of Law

- For Scholars

- For Jurists

- Followers after Ijmas

 

Qiyas

- Analogical

- Conclusion

 

II Secondary Sources

1. Custom

- Ancient

- Continuity

- Certain

- Oppose na bare

- Quran

 

2. Precedent

 

3. Legislature

- Laws made by Parliament etc

- 1st Muslim Law Shariat Act, 1937

- Dissolution of Muslim Marriage Act, 1939

 

4. Judiciary

- Justice, equity and good conscience