This document provides notes on Muslim law for law students. It discusses the various sources of origin and development of Muslim law, including the Quran, Sunnah, Ijmaa, Qiyas, customs, justice/equity, judicial decisions, and legislation. It also defines the essentials of a Muslim marriage, including the offer/proposal, acceptance, consideration in the form of Mehar or dower, and free consent between the parties with no prohibited relations. The document is intended to educate law students on key aspects of Muslim personal law.
1. Muslim law Notes for law students
Semester for 3 YDC students
Muslim law notes
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2. MUSLIM LAW
Law Students Federation
:Muslim Law-II:
Q.) Explain various sources oforiginand developmentofMuslimLaw?
Ans:-MuslimLawis personallawapplicable forallthe people who prefers
MuslimOrIslamReligionMeaningofWordIslamis OneGod.Itdeveloped
seen historical period there are eightsources of Origin and development
ofMuslimLaw.
Q.1)Quran orKoran:- Sunna,Ijmaa,Qiyas, custom, Justices equityand
Good Conscience, Judicialdecision, legislation.
Ans:-
1. Quran: it is a main source of Muslim Lawevery word of Quran
is treated has word of Allah. There are 6666 verses in Quran and
200 verses have effectonlaw.
2. Sunnah:- prophet Mohammed (Swt) was called as Messengerof
Allah on the earth. This prophet advised people about Muslim
religion and true path of life. People followed him and it become
source ofLaw.
3. Ijmaa:- Some educated person studied Quran and made
interpretation of Quran. Some principles of interpretation followed
bythe People anditmadcontributedtodevelopmentofMuslimlaw.
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3. MUSLIM LAW
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4. Qiyas:- Educated persons studied above three sources and
wrote the books duringperiodofAurangazebDin-e-ilahiwas written
if in the source of law. Shiya does not follow Qiyas. It should be
owthfulfromprimarysources.
5. Customs:- There are some customs whichare inpractices of
Muslimpeople anditalso become source ofLaw.
Example:- AfterTalaqgivenbyHusbandMuslimwife have observe
(4) Months (10) days Iddath period and she cannot performs
necessary in Muslimmarriage because itis contract.
6. Justice Equity and Good Conscience:- There are some
rules whichare basedonprinciples ofJustice andgoodconsistence
followed by Muslimpeople.
7. Judicial decisions:- A Muslimcannotgive Talakbytelephone, A
Muslim have to fine maintenance to concubine and illegitimate
Children.
8. Legislation:- Parliament made some legislation such as Waqf
Act-1930, ShariathAct1937anditbecome source oflaw.
This are eightsource ofdevelopmentofMuslimpersonallaw.
*_ ( LawStudentFederation)_*
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4. MUSLIM LAW
Law Students Federation
Q.2) Define MuslimrestrictionMarriage andits conditions?
Ans:- MuslimMarriageis aCivilcontractandnotsacramentpurpose
ofMuslimMarriage is tolegalise severalrelationshipcompanyofwife and
procreationof Children.
Essentials of Muslim Marriages:-
1) OfferorProposal:- There is offerorproposalfromside ofthe
boyorthe girlrelating to Marriage.
2) Acceptance:- Both sides may see each other and take a
decisions and express itcalledas acceptance.
3) Consideration:- There is consideration inMarriage called as
“Mehar or Dower” it is fined from the side of boy to be paid to the
girl.
4) Free Consent:- Thereshouldbeconsentboyandgirlwithoutforce
orpressure.
5) Prohibited Relation:- Marriage should not be performed in
prohibitedrelationship.Suchas Marriage betweenChildrenofsame
parents Marriage withwife ofbrother, Marriage withMotherinLaw.
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