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Sources of Muslim Personal Law In India: A Deep Dive into Islamic Legal Principles

Muslim law is a divine law as opposed to man made law which are passed by the legislature. Muslim law in India means "that portion of Islamic civil law which is applied to Muslim as a personal law". It consists of the injunctions of Quran, of the traditions introduced by the practice of the Prophet, of the common opinion of the jurist, of the analogical deductions of these three Qiyas .Muslim means who believe in Islam and Islam means "submission to the will of God".

The concept of oneness of God is there in Muslim religion ,Unlike Hindus which believe in the plurality of gods.Muslims believe that Mohammed was the last prophet sent by God( Allah) and Quran is the only revealed book of Allah. Muslims do acknowledge religious preaches and leaders after Mohammed, but they are not considered prophets. Islamic Society was not divided on the basis of caste like other societies, but it is divided on the basis of ideology or politics (Shia/Shuni).

Sources of Muslim Law:
There are total eight sources of Muslim law in which four sources are known as formal or primary sources and the rest of the four sources are known as informal or secondary sources.

The Quran (Koran):
This is the first primary source of Muslim law. The word Quran is derived from the Arabic word "Qurra" which means' to read' . Quran is called as the word of the God which is the collection of 23 years of the revolution of Prophet Muhammad arranged by Abu Bakar (1st Khalifa ) and revised by Usman (3rd Khalifa) after which it is declared as a holy book and cannot be amended anymore.

The Quran consists of 6000 verses out of which 200 deal with legal principles such as marriage, matrimony, remedies, maintenance, acknowledgement of paternity, transfer of property, gift ,will, inheritance etc. It abolished objectionable customs like female infanticide, gambling, usury, Unlimited polygamy. There are provisions for safeguarding the interest of minors and disabled and for overall increasing the status of women, provisions are also there.

The Sunnah (Sunnat):
Sunnah is the secondary primary source of Muslim law where , whatever the prophet said, did or allowed tactically is called a hadis or traditions. So now tradition consists of whatever the Prophet said in words is called as sunnat -Ul- Qual . Whatever he did is called sunnat -Ul fail. Whatever the Prophet allowed to be done without actually saying it(tactically )Can be manipulated, can be used as a political weapon, compiled call monads, which is known as Sunnat -Ul- Tahrir .

According to Muslim law, there are two revelations that is manifest (zahir )and internal manifest (Batin) or express revelations or the very words of Allah and came to prophet through Angel Gabriel. Such revelations became part of the Quran. On the other hand, the internal revelation or those which are the prophet words and didn't come through Gabriel's but Allah inspired the ideas in his saying .Such internal revelations formed part of Sunnah traditions, therefore differs from Quran in the sense that Quran consists of a very words of the God whereas a Sunnah is the language of Prophet.

Ijma:
Ijma means agreement of the Muslim jurists on a particular age on its particular question of law.In other words, it is the Consensus of jurists opinion which has been validated by both the Quran and the Prophet (via Sunnah).

Qiyas:
  • Qiyas is the fourth primary source of Muslim law which is basically a collection of rules and principles deducted by the method of analogy and interpretations from the Quran, Sunnah and Ijma.
  • Qiyas is not recognized by shias as they believe that the only Imam can wider it and no one else can.

Secondary sources of Muslim law
legislation :Legislation is the first secondary source of Muslim law where though most of the Muslim law is not codified but some of it is codified like:
  • Shariat Act, 1937
  • Dissolution of Muslim Marriage Act, 1939
  • The Muslim Women Act, 1985 (Protection of Rights on Divorce)
  • The Muslim Women Act, 2019 (Protection of Rights on Marriage)

Customs and usages having force of law:
Customs is a secondary source of Muslim law which is regarded as a legitimate source of Muslim law but are considered inferior in position hierarchically after Quran, Sunnah, Ijma ,and superior to Qiyas.

Judicial Decision( Precedent) Judicial precedent refers to the procedure by which judges follow earlier decisions in case with the relatively similar facts. The idea of judicial precedent is based on the principle of stare decisis or confronting to what has already been declared. However, it is to be considered that concept of precedent is not covered under Muslim law and today the doctrine of stare decisis is incorporated into Muslim.

Justice, equity and Good conscience : The doctrine of justice, equity and good conscience is the 4th secondary source of Muslim law, where the rule of law is based on the analogy that could be set aside at the option of a judge on a liberal construction or juristic preference to meet the requirement of a particular case.

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