In India, there are individuals of all religious backgrounds living together in harmony. The fact that religious beliefs of the people cannot be ignored when it comes to governing them is self-evident; however, the question is what should be considered law and what should not be, and which sources should be considered when framing laws in order to govern people of various religious beliefs. Islam and Hinduism are the two most important religions in India. Aside from that, there is a sizable number of Sikhs, Buddhists, Jains, and Christians, among other religious groups. In order to create laws that influence people’s lives, including personal problems such as divorce, marriage, inheritance, and other family matters, it is required to analyse all of the sources that are considered before drafting legislation.
Muslim Law’s Origins and Sources
Islamic law is derived from a variety of sources, the most important of which is the Quran, the holy text; the second most important source of Islamic law is the Sunnah; both the Quran and the Sunnah are considered to be the primary sources of law; and, in addition to the primary sources, the other sources of Islamic law include ijma and qiyas.
The Quran, which is considered to be the holy book of Muslims and the primary source of Islamic law. The Quran is supposed to contain the direct words of Allah, spoken via Muhammad, as recorded in the Quran. According to the Quran, there are rules and regulations for Muslim people to follow, as well as many social and economic laws. It was not long after Muhammad’s death that the Quran was completed. The Quran is not a legal textbook because it only provides the laws governing man’s relationship with himself and with God, and nothing else.
After the Quran, the Sunnah is the most important source of Islamic law. The Sunnah encompasses Muhammad’s sayings, his everyday activities, his prayers, and his style of life, among other things. The fact that Muhammad is thought to be the perfect human being means that whatever he says, does, or urges for others to do becomes law in the eyes of the rest of the world. The Quran is fundamentally a religious book, and as such, it does not contain legal or practical laws. As a result, Muslims rely on the sunnah for guidance on matters when the Quran is silent or does not provide adequate guidance on the subject.
Secondary source of information
When it comes to Islamic law, the ijma is considered to be the third most important source. Ijma refers to the agreement reached among experienced Muslim jurists on a given legal matter. Although there has been debate among jurists over whether the Ijma should be considered a primary or secondary source of law, one thing is certain: Ijma is regarded as a primary source of law by Sunni jurists for the purpose of enacting legislation, however it is regarded as a secondary source by Shia jurists.
Qiyas (analogical deduction) is a secondary source of Islamic law that is used in conjunction with other sources of legal reasoning. It refers to the process of settling issues on the basis of reason. Many Islamic jurists support the validity of Qiyas as a fundamental source of law by invoking the Quran, which states that if a dispute cannot be resolved through a suitable injunction, Muhammad will use his reason to decide it. The fundamental idea behind the notion of Qiyas is that, because every injunction is based on some benefit to the people, if the reason of an injunction is obtained from a primary source, then the analytical deduction can be used to cases with similar causes in other cases.
As a result of the large number of religious traditions in India, it is not possible to have a single source for the personal laws of diverse communities, and as a result, different sources must be consulted when drafting laws for people who adhere to different traditions. Despite the fact that my personal opinion is a little different. When separate laws control persons living in the same country, this is referred to as nonuniformity in law. When it comes to developing a nation, uniformity is essential, and after examining the laws of numerous countries, we have discovered that our legislation is particularly well adapted to the social conditions of India.
One of the primary goals of law is to command obedience, and there is no greater way to command obedience than by requiring people to follow their own traditions, which they have been following for centuries, as they have done for millennia.
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.
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