Introduction - Renaissance Law College

1 Class (HONS.) II SEM. Subject Muslim Law 1 Muslim Law Unit-I The Muslim Law or Islam Law (or the Law of Allah) 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. Muslim Law is called Sharia (Shariah or Syariah) in Arabic. Fiqh = understanding of details and refers to the inferences drawn by scholars Sharia = Refers to the principles that lie behind the fiqh. The word 'Muslim' is derived from the word 'Islam' and signifies a person who adopts the faith of Islam. Muslim Law in general draws no distinction between religious life and secular life Muslim Law or the Islamic Law is believed to have been originated from the divine.

2 The Divine communicated it to Prophet Muhammad who prescribed them in quran . In the later days, the disciples of Prophet Muhammad (or Muslim jurists) have refined and polished these principles. The provisions of quran are vast and dealt with almost all aspects of human life. Scholars describe the word sharia as an archaic Arabic word denoting "pathway to be followed", or "path to the water hole". The latter definition comes from the fact that the path to water is the whole way of life in an arid desert environment. Shar ah, also spelled Sharia, the fundamental religious concept of Islam, namely its law, systematized during the 2nd and 3rd centuries of the Muslim era (8th 9th centuries).

3 Total and unqualified submission to the will of Allah (God) is the fundamental tenet of Islam: Islamic law is therefore the expression of Allah s command for Muslim society and, in application, constitutes a system of duties that are incumbent upon a Muslim by virtue of his religious belief. Known as the Shar ah (literally, the path leading to the watering place ), the law constitutes a divinely ordained path of conduct that guides Muslims toward a practical expression of religious conviction in this world and the goal of divine favour in the world to come. Who is Muslim? By birth By conversion A Muslim is a person who follows the religion of Islam.

4 From the point of law, the Court is interested if the person. There are two ways in which a person can be regarded a Muslim. Who is Muslim? Muslim Muslim 2. Muslim by Conversion a. Converts by profession of Islam. b. Converts by formal ceremony. 1. Muslim by Birth a. Believes in one God and b. Prophet-hood of Muhammad Introduction Origin of Muslim Law Class (HONS.) II SEM. Subject Muslim Law 2 These two points are the minimum and fundamental rules for a person to be called a Muslim. The Islamic law is referred to as Sharia . Islam has given the most comprehensive legal system to mankind.

5 Islam has its own personal, civil, criminal, evidence and international law. There are two types of sources under Muslim law, they are:- 1. Ancient sources 2. Customary sources 3. Modern sources. The quran The Sunnah Ijma' (consensus) Qiyas (analogy) I.) The quran : Since the text of the quran is held to be the very word of Almighty God Himself, it almost goes without saying that the quran is not only a source of Sharia but the primary material source.

6 It is criticised that quran is not a code of law because of two main reasons. Firstly, it is argued that The quran Muslims believe the quran to be the direct words of Allah, as revealed to and transmitted by the Prophet Muhammad. All sources of Islamic law must be in essential agreement with the quran , the most fundamental source of Islamic knowledge. When the quran itself does not speak directly or in detail about a certain subject, Muslims only then turn to alternative sources of Islamic law Ancient sources Sources of Muslim law Class (HONS.) II SEM. Subject Muslim Law 3 quran is rather a moral code determining ones way of life.

7 Secondly, it is also said that quran is not a code of law as out of its 6219 verses, no more than about 600 deal with specifically legal matters. However, one must remember that, unlike western legal systems, the Sharia makes no distinction between religious and civil matters; it is the codification of God's Law, and it concerns itself with every aspect of legal, social, political and religious life. Secondly, information is judged by its quality not quantity. It is the quran that identifies six specific crimes against religion hadd punishments . The Quranic legislation also covers a range of other topics, homicide, marriage, divorce and inheritance.

8 There is an authentic hadith of the Prophet that he who knows the law of inheritance is possessed of half the knowledge of the world . But if we look at the quran , the complete outline of the law of inheritance is encapsulated within only three verses (11, 12 and 176) of Surah Al-Nisa and Ijma and Qiyas, which give the details of succession, derive their authority from these three verses only. No description, however, can fully capture the great importance of the quran to Muslims. Objectively, it is the foundation and framework of Islamic law, and its primary material source. II.

9 The Sunna: The Sunna is the second most important source of Islamic law. It comprises the practices and precedents set by the Prophet Muhammad himself. The authority of the Sunna is derived from the text of the quran . Because the circumstances of each revelation were thought necessary to correct interpretation, it was imperative to gather as many traditions as possible about the actions of the Prophet to fully understand the quran . The Sunna clarifies the ambiguities of the quran . The Quranic injunction is sometimes implicit; the Sunnah makes it explicit by providing essential ingredients and details.

10 The details of the acts of The Sunnah Sunnah is the traditions or known practices of the Prophet Muhammad, many of which have been recorded in the volumes of Hadith literature. The resources include many things that he said, did, or agreed to and he lived his life according to the quran , putting the quran into practice in his own life. During his lifetime, the Prophet's family and companions observed him and shared with others exactly what they had seen in his words and behaviors how he performed ablutions, how he prayed, and how he performed many other acts of worship. People also asked the Prophet directly for rulings on various matters, and he would pronounce his judgment.