SOURCES OF MUSLIM LAW

DIFFERENT SOURCES UNDER MUSLIM LAW

There are 8 important sources of Muslim law

  • The Holy Book Quran
  • The Sunnat
  • Ijmaa
  • Qiyas
  • Legislation
  • Customs
  • Judicial precedent
  • Justice, equity and good conscience or Juristic deduction

These are the sources of muslim law, each source of Muslim law has been briefly explained one by one.

  • The holy book Quran:

It is considered by the Muslims as the basis of their law. The first and foremost source of Muslim law is the role scripture of Islam known as The Holy Book of Quran. According to the belief of the Muslims, the Quran is the sacred book containing divine revelations sent through an Angel Gabriel (Jibreel) to The Prophet Muhammad from time to time in 23 years. It is believed that The Quran is Al-Furqan i.e; showing truth as distinguished from falsehood. It has contained about 6000 verses, but only 200 deal with legal principles and 80 verses with personal status law.

  • The sunnah or the sunnat:

The word sunnah means the trodden path, thus it is some kind of practice or precedent of The Prophet. Whatever the Prophet said or did without reference to God is treated as his traditions and considered to be the second source of Muslim law.

There are numerous Hadith collections such as Sahih Al-Bukhari, Sahih Al-Muslim, Abu Daud, Ibn-E-Maja, Trimizi and Nasai.

  • Ijmaa:

It is also called the consensus of the founders of the law or the community as expressed by the most learned members. It is where the Quran and Sunnah could not supply a rule of law jurists used this concurrent opinion and laid down a new law. These jurists were not free to give their decision without any basis.

The authority of ijmaa as a source of law based upon tradition; “my followers can never agree upon what is wrong”

  • Qiyas:

an analogy deduction or deduction of rules by individual jurists from those sources of Islamic teachings. If there were any problems before the society on which the former three texts were silent then a method of comparing the problem with a similar problem of which solution was given in the texts was adopted to get the law.

  • Legislation:

Though Muslim law in India is not codified yet some aspects of it have been regulated by acts of legislation passed by the parliament or state legislature such as the dissolution of the Muslim marriage act, 1939. The Shariat act 1937, the Mussalman wakf validating acts 1913 & 1930.

  • Customs:

custom and wages which were sanctioned by the jurists either expressly or impliedly. A custom is a tradition passed on from one generation to another and has obtained law’s force in a particular locality. The validity of customary law rests on principles similar to Ijmaa.

  • Judicial precedent:

It is not exactly a source of law, fatwas or opinions of muftis or jurists learned in Islamic law. The reference made to them is important as they have been instrumental in the development and enrichment of Muslim law. A fatwa is not legally binding it is nevertheless respected as an interpretation of a particular aspect of Muslim law given by a mufti.

  • Justice, equity and good conscience or juristic deduction:

Where there is a conflict of opinion and there is no specific rule to guide the court, the court follows that opinion which is more following justice, equity and good conscience. It is also considered as one of the sources of Muslim law.

CONCLUSION

In this article, we have talked about different sources of muslim law. There is a total of 8 different types of sources out of which later 3 sources are known as the modern sources of Muslim law. In this article, every source of Muslim law is briefly and easily explained. Such as The Holy Book of the Quran, the sunnah, ijma, qiyas, legislations, customs, justice equity and good conscience. We have discussed above all these different sources of Muslim law which is easy to understand and remember.

The first two sources of Muslim law are The Quran and the sunnah are the most important sources because they are considered as the most authentic sources. Further, the Sunnah or Sunnat (the trodden path) have been taken down by different companions of The Prophet.

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