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3-Origin and Development of Muslim Law

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11 views

3-Origin and Development of Muslim Law

Uploaded by

gautamnandal0
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Origin and Development of Muslim Law

Pre Islamic Arabia

Ayyam-e-jahiliya-This law had no existence before Mohammad became a Prophet.


Most of the custom of Arab people were barbarous & inhuman. Reforms were
introduced by Islam to Arab people to bring about a complete transformation of the
society.

Quran-Foundation of Muslim Law

Very essence of god. Muslim law is founded upon Al-Quran.Quran derived from the
verb ‘Qura’ which means together to read or properly reading. Prophet Mohammad
declared that it was revealed to him by the angel ‘Gabriel’. It’s text are words of god.
(Kalam Allah).It is transmitted to man through the Prophet. It form the principle basis
of Sharia.Shariat literally means path to be followed.

The Quran is Al-Furkan i.e. one showing truth from falsehood and right from wrong. It
is a series of communications addressed by the god to the Prophet. Where Quran was
silent on any particular matter, guidance was taken from the sunnat i.e. what ever the
Prophet had done, said or allowed and also to Hadis i.e. to Prophet’s saying or what
was said or done by him or was in silence upheld by him. All these are supplement to
Quran and next to Quran.

Muslim law means Islamic civil law applicable to Muslims as a personal law. It consists
of-

 Quran-Will of God
 Sunna-Practice of the Prophet
 Ijma-Common opinions of the jurists
 Qiyas-Reason of rule(Reasoning by analogy)

Fatwas

Opinion of judges and Muftis in the light of facts. Mufti consults the
Quran,Hadis,Ijma.Muslim law has been supplemented by the-

 Juristic Preference(Istihsan)
 Public Policy(Istislah)
 Precedents(Taqlid)
 Independent Interpretation(Ijtihad)
 Supplemented and modified by state legislation
 Judicial Precedents of High Court, Supreme Court, Privy Council
Who is a Muslim

the person who believes that there is one god i.e. Allah. Mohammad is his Prophet and
Origin is in Arabia, where Mohammad promulgated Islam which is of divine origin and
its a communication from God.

Religious Restrictions

 Farz or duties-Five daily prayers.


 Haram-Which are strictly forbidden to the Muslims-Wine is haram.
 Mundub-Things which the muslims are advised to do i.e. additional prayer on Id are
Mundub.
 Makruh-Things about which muslims are advised not to do.
 Jaiz-Things about which Islam is indifferent e.g. travelling on sea or air is Jaiz.

Mohammedan Law in India

Indian Muslims are governed by their own personal law. Some times they are governed
by common law. Certain legislations apply to Muslims. Mughal emperors were Hanafis,
the Qazis were appointed by the Hanafi law. During Mughal time Hanafi law was the
law of the land. It continued till the British rule. Then English common law was applied
as a branch of personal law. Now the powers of Qazis are exercised by ordinary courts.
Muslim law of procedure is not applied to Muslims. Muslim law is applied in
accordance with the provisions of CPC and Indian Evidence Act. In India Muslim law is
not treated as a foreign law. It is considered as a part of Indian legal system.

The rule of Muslim law can be divided into three categories-

 Muslim law be applied in case of marriage, dower, divorce, will, gift, succession.
 Muslim is applied as a matter of justice, equity and good conscience.
 Muslim Criminal law, Muslim law of evidence are not applied to Muslims.

Conclusion

It means the totality of Allah’s commandment. Faraz (necessary) and haram (strictly
forbidden) are essential for every Muslim. Law proper in Islam is Fish(intelligence). The
path of shariat is laid down by god. God’s messenger is Rasul.

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