2. Sources of Mohammedan Law
Schools of Mohammedan Law
Mohammedan Law in India
The Shariat Act,1937
3. 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.
Reforms were introduced by Islam to Arab
people to bring about a complete
transformation of the society.
4. 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.
5. 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.
6. 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)
7. 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
8. Divine law and man made law. Good & evil.
Guided by the Prophet.
Law of Shariat. Law(Hukum) is established by
a communication from god.
There are certain questions.
These questions can not be answered by
human beings. The answer is in the Quran
and hadis.Shariat is law in wider sense.
9. 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.
10. There is one god i.e. Allah.
Mohammad is his Prophet.
Origin is in Arabia.
Where Mohammad promulgated Islam.
It is of divine origin.
Communication from God.
11. Quran-Words of God.
Sunnat-Practice of Prophet.
Hadis-Prophet’s saying and doing.
Ijma-Opinion of Jurist.
Qiyas-Reason of Rule.
12. 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.
13. Prophet Mohammad disappeared from this
world in 632 A.D.He left no son. The first
three Caliphas were-
Abu Baker(632 A.D.)
Umar(634 A.D.)
Usman(644 A.D.)
Then-
Mohammad Ali
Ommayad Dynasty
14. Quran(Words of God)
Sunnat or Traditions of Prophet(Ahadis)
Ijma(Common opinion of Jurist)
Qiyas(Reason of Rule)
Digests(Own Interpretation of different
schools)
15. Urf or Custom
Judicial Decisions
Legislation
Justice, Equity and Good Conscience
16. Sunni School-
Hanafi School
Maliki School
Shafei School
Hanbali School
17. Shia School-
Ismailyas School
Ithana Ashari School
Zaidya School
18. 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.
19. 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-
20. 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.
21. Caste Disabilities Removal Act,1850
Evidence Act,1872
Married Women’s Property Act,1874
Majority Act,1875
Transfer of Property Act,1882
Guardians & Wards Act,1890
22. Indian Succession Act,1925
Child Marriage Restraint Act,1929
Dowry Prohibition Act,1961
Criminal Procedure Act,1973
Order 32 CPC,1908(Suit by or against minors
and persons of unsound mind)
23. Restoring the law of Islam to all Muslims
residing in India. Doing away with customs
contrary to the shariat.It is applicable to every
Muslims regardless of the school to which he
belongs. The word Muslim is not defined. It is
applicable to all kinds of property, but there
are three main exceptions-
Agricultural land
Testamentary Succession in certain
communities
Charities other than Waqfs
24. Sec.1-This act may be called The Muslim
Personal Law(Shariat)Application Act,1937.
Sec.2-Matters covered under Muslim Personal
Law(Shariat)are-marriage, dissolution of
marriage, maintenance, dower, guardianship,
gift, trust and trust properties and waqfs.
Sec.3-Customs will be governed by
Mohammedan Law. (Power to make a declaration)
Sec.4-Rule making power-State Government
Sec.5-Repealed.
Sec.6-Repealed.
25. Application of Mohammedan Law
Matters to which Mohammedan Law applies
Persons to whom Mohammedan Law applies
Conversions and its effects
26. Shariat Act,1937 applies to muslims.The
Mohammedan law applies to all Muslims
whether they are so by birth or by conversion.
Any person who professes the religion of
Islam. He accepts the unity of God. Prophetic
character of Mohammad is a Muslim and is
subject to Muslim Law. According to theory of
Islam religion depends upon belief. Statutory
laws applicable to Muslims.
27. Marriage
Dissolution of Marriage
Dower(Mehar)
Succession
Female’s Property
Maintenance
Guardianship
Gift, Trust and Trust Property
Waqfs
29. A non Muslim who has attained majority and
is of sound mind may embrace Islam by way
of-
Declaration that he believes in one god and
Mohammad is the Prophet.
He may go to mosque where he utters kalma
before Imam, where he is given a Muslim
name by the Imam.
Conversion must be bonafide.
30. Rikhya Bibi Vs.Anil Kumar
1948 2 Cal.119
A Hindu woman accepted Islam in order to
get rid of her Hindu husband who was
impotent. It was held that her conversion to
Islam was to commit a fraud upon the law
and was therefore invalid and ineffective.
31. Sarla Mudgal Vs. Union of India
AIR 1995 3 SCC 1531
Supreme court held that the second marriage
of a Hindu husband after conversion to Islam
without having his first marriage dissolved
under law would be invalid. The second
marriage would be void in terms of the
provision of section 494 IPC.
32. Lily Thomas Vs. Union of India
AIR 2000SC 1651
The supreme court has observed that if a Hindu
wife files a complaint for the offence of bigamy
under section 494 IPC on the ground that during
the subsistence of the marriage her husband had
married a second wife under some other religion
after converting to that religion, the offence of
bigamy pleaded by her would have to be
investigated and tried in accordance with the
provisions of the Hindu Marriage Act.
33. In case of a Hindu converts to Islam,
succession and Inheritance are governed by
Mohammedan Law and not by Hindu Law.
