SOURCES OF MUSLIM LAW.

Muslim law is a religious law, and it applies to a person, who is Muslim either by birth or by proselytization. However, Islamic law is based on a man’s duties or obligations rather than his rights.  Muslim Law or Islam Law  is a part of Family Law. It is a personal law and a branch of civil law that is applied by courts in regard to family matters when the parties are Muslims. Islam. Muslim Law or the Islamic Law is believed to have been originated from the divine.

PRIMARY SOURCE- These four sources namely Quran, Sunna, Ijma and Qiyas are the primary sources of law.

QURAN- The original or primary source of Muslim Law. It is the name of the holy book of the Muslims containing the direct revelations from God through Prophet.contains the fundamental principles which regulate the human life. The major portion of the Quran deals with theological and moral reflections. The Quran consists of communications of God; it is believed to be of divine origin having no earthly source. It is the first and the original legislative code of Islam. It is the final and supreme authority.

SUNNAH-  It denotes some practice and precedents of the Prophet, whatever the Prophet said or did without reference to God, and is treated as his traditions. It is the second source of Muslim law. Traditions are injunctions of Allah in the words of the prophet. 

IJMA- In Islamic law, the universal and infallible agreement of either the Muslim community as a whole or Muslim scholars in particular is called Ijma. Ijma in its spirit is like Democratic principle which says that all decisions are to be made on the basis of majority.

QIYAS- The Qiyas is a process of deduction, which helps in discovering law and not to establish a new law. Its main function is to extend the law of the text, to cases which do not fall within the purview of the text.The Qiyas should be applied to discover a point of law and not to determine the meanings of the words used in the text. It must not bring a change in the law embodied.

SECONDARY SOURCES- These sources are not essential sources of Muslim law but rather the strengthening source of Muslim law .

1. CUSTOMS or URF- These are termed as urf in Muslim law. Customs are never recognized as a source of Muslim law but it also can’t be denied that custom has always been given a place under Muslim law especially in matters like agriculture, charities under wakf etc. Not all customs hold importance in Muslim law. Rules for a valid customs are:-

General prevalence in a country is necessary. The practice of  a limited number of individuals cannot be regarded as custom.

It must be Territorial.

Customs must be immemorial which means beyond human memory.

It should be ancient and invariable.

It should not oppose public policy.

JUDICIAL DECISIONS- This encompasses the choice of the privy council, the supreme court as well as high courts of India. in finding out precise cases, the judges enunciate what the law is. these decisions have seemed as a precedent for future cases and the courts are certain to follow the precedents.

LEGISLATION
Muslims are governed by various legislations passed by many legislatures, which have considerably supplemented the Muslim law like:-
Shariat Act, 1937
The Mussalman Waqf Act, 1923
The dissolution of the Muslim Marriage Act, 1939

JUSTICE EQUITY AND GOOD CONSCIENCE- The doctrine of fairness, Justice, Equity, and good concise is regarded as one of the sources of Muslim law. These concepts of Muslim law are known as ‘Istihsan’ or ‘Juristic Equity’. 

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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