PPT on Sources of Muslim Laws

1. Sources of Muslim Laws
Dr Pooja Kapoor, Assistant Professor,
Symbiosis Law School, NOIDA

2. Sources of Law

3. The main source of Muslim law, is Quran and Sunnah or hadis, which means the
practices and traditions of the Prophet who, is considered to be the best interpreter
of Quran.
In addition to these the other two sources which developed inevitably in order to
meet the needs of expanding Muslim society were:
Ijma— consensus of opinion of the learned in Quran;
Qiyas— analogical reasoning having due regard to the teachings of Mohammad.
As the society progressed, in view of the divergent views taken on various provisions
of Quran by eminent Muslim jurists, four well-defined branches or schools of Muslim
law came to be recognized by different sections of the Muslim society. They are the
Hanafi School, the Maliki School, the Shafi School, and the Hanbali School.

4. The extent of the application of the Islamic law in India during the Muslim rule
was as follows:
a). Civil law: The purely personal law of Islam was applied to Muslim only, but
secular portion of civil Law relating to trade, sale, contract etc. was made
applicable to both the Muslims and the non-Muslims.
b). Laws of Land: The system of taxation was adopted from the Arabs with
modifications according to Indian conditions and was applied to both, i.e.,
Muslims and non-Muslims.
c). The Religious and Personal laws of non-Muslims: The Hindus and other non-
Muslim subjects were governed by their respective religion and personal law.
Cases involving points of personal law of Hindus were decided with the aid of
learned Pandits and Brahmins mostly in their own Panchayats.
d). Criminal law: That portion of canon law which dealt with religious infringement
was applied to Muslims only and for such offences non-Muslims were not held
liable to punishment according to laws of Shariat. But that portion of Islamic
criminal law which dealt with crimes believed by all nations was applied to
Muslims and non-Muslims alike, e.g., the punishment for adultery, murder, theft,
robbery, assault, etc. were the same for both.

5. Thank You