Professional Documents
Culture Documents
By :-
Animesh Kumar
i.B.A.LL.B. (H), III Semester
Enroll. No. A8108309035
Acknowledgment
This assignment is intended to cover the Chapter- Sources of Muslim Law.
Basic and pre-requisite information have been included.
In the last but not the least, my sense of gratitude is due to AMITY LAW
SCHOOL, LUCKNOW.
Every effort has been made to avoid errors and mistakes; however their
presence cannot be ruled out.
Animesh Kumar
Table of Content
1. Meaning of shariah.................................................................................1
3. Dependent sources.................................................................................4
5. Bibliography............................................................................................10
1
(Almaida 48)
Introduction:
It is the book lying down the basic framework and out lines related to all kind of laws. The
regulations and legal orders and Laws are mainly referred to in Sura Al-Baqra, Alnisa, Al-
eImran, Al-Maida, Al-Talaq and Bani Israil but it is not restricted to any specific part or
Surahh.
We revealed unto the scripture with the truth and thou mayst judge between mankind
by that which Allah showeth thee. And be not thou a pleader for the treacherous2.
Who so judgeth not by that which Allah hath revealed such are disbelievers.3
Verily we have brought them a Book which We expound with knowledge a guidance
and a mercy for a people who believe.4
The kinds of Verses:
Explicit; apparent
Implicit; capable of interpretation
SUNNAH: Meaning-
literal; way path, Road
Term; practices and words of the Holly Prophet (PBUH)
2
(An-nisa 105)
3
(Almaida 44)
4
(Ala-araf 52)
5
(Albaqra 2)
Explanation of Quran :
1. By giving it specific or particular meaning
2. By supplementing legal provisions of Holly Quran.
Allah verily hath shown grace to the believers by sending unto them a messenger of there
ownwho recites unto them his revelations, and causes them to purify and teaches them the
Bookand wisdom, although before they were in flagrant error.7
Enforcement of Quran by Holy Prophet
Authority derived from Quran
Avoidance of conflicts:
With clear proves and writings; and we have revealed unto thee the remembrance that
thoumayst explain to mankind that which hath been revealed for them, and that haply they
mayreflect.8
Detailed nature of Sunnah.
Providing Certain exceptions to general rules
Compilation of Hadith:
Era of Holly Prophet and Umer: efforts on individual level.
Bni Abbas period: Hadith developed on systematic basis
Compilations of Masnads: collected according to narration
Editions: in which Hadith collected according to Subject matter.
6
(Annisa 64)
7
(Al-Imran 164 )
8
(Al-Nehl 44)
Knows Qyas
Expert in Arabic
Analytical skills
Excellent moral character and Faith of Ummah
Impartial
Criticism by Orientalists
Ijma has introduces into Islamic society Innovations (bidaat) and has made drastic changes.
There can be no Ijma against Quran and sunnah and secondly Ijma is consensus of Jurists and
not the masses.
As source of Law:
As a source of law Qyas is the technical rule for legal exactitude of individual reasoning. The
law is not discovered but extended and widened by way of analogy. Term of Qyas is not
same as Interpretation of statues.
Is qyas permissible?
Those who favors Qyas depend upon these arguments:
Quran being the constitution, the detailed law is to be deduced on its fundamental
principles.
It is provided in Hadith that The Holly Prophet (PBUH) appreciated use of ones own
judgment where Quran and Hadith are silent on a matter.
Elements of Qyas:
Parent thing (Al-asal)
New thing or situation (Fraa)
Legal effect of parent thing (Hukm-ul-asal)
Sources of Muslim Law Page 5
Assignment: Family law-I
Qualification of a Mujtahid:
9
(Sahih Bukhari)
Compared to the western concept of law, the features of Islamic law, in brief, are:
It has not been decreed by any earthly ruler, but revealed by God.
It originates from Divine Revelation, not custom or tradition.
It remains valid, whether a state recognizes it or not.
Where a state does not recognize it, Islam ensures its observance by the Muslims
living in its territory through cultivation of religious consciousness in the human soul
and awakening of awareness through moral education. Thus, Islamic law applies to
the conscience of a Muslim even if he is living in a non-Muslim state.
It addresses every aspect of human life, not just the legal system.
Its purpose is to ensure the welfare of man, individually and collectively. It does not
aim at the glorification of the lawgiver, as God is above all wants and weaknesses.
The means by which compliance with Islamic law is secured are of a wider character
than the sanctions in the western legal systems.
In a Muslim state, the community through a chosen representative or a group of
representatives administers it.
When non-Muslims are living in a Muslim state, only those parts of Islamic law
apply to them that are not specifically identified with the tenets of Islam.
Regarding its enforceability, Islamic law can be divided into the following three
classes:
a. Those laws that regulate men relations to and dealings among one another, their
enforcement is incumbent upon the community;
b. Those laws that only address the spiritual aspect of an individual‟s life, are
enforced, by God, by means of spiritual rewards and punishments; and c. Those laws
that not only concern the spiritual aspect of individual life but also affect Muslim
society, their enforcement is left to the discretion of the state.
It must also be noted that though the western legal systems regulate the economic, social, and
political affairs of a nation, they do not cover rules of moral behaviour. Such rules only exist
in the form of customs and social manners, and are enforced by the sheer force of public
opinion. Consequently, whenever the public accepts as moral or even starts ignoring certain
immoral actions, the entire concept of morality, due to this moral laxity, transforms. Islamic
law, on the other hand, reaches much deeper into thought, conduct, and life.
The range of scope and purpose of Islamic law and western legal systems differ due to the
different characters and abilities of their creators and proponents. It is a fact that in order to
have an absolute comprehension of what the law should be, one must not only have before
him the entirety of human life but also completely understand the human nature.
No jurist can ever have such a complete picture of human life and nature. Only God has the
ability to accurately know which rules are suitable for all human beings. Thus, the law
prescribed for man by Him, through Divine Revelation, is the most comprehensive and
expedient one. No wonder, most of the recent western concepts regarding human rights,
rights of animals, international affairs, family matters, judicial independence and impartiality,
legal representation, juristic personalities, charitable trusts, non-retroactivity, etc, were never
alien to Islam.
As it is the Revelation through which we become aware of the will of God, so it is the source
of the laws of Islam. Revelation consists of: 1. Communications made by Gabriel, under the
directions of God, to the Prophet (PBUH) either in the very words of God, or by hints; 2.
Such knowledge as occurred in the mind of the Prophet through inspiration from God; and
3.Opinion of the Prophet, embodied in the form of ratiocination, delivered from time to time
on issues that happened to be raised before him.
In answer to the question as to how opinion of the Prophet can form part of Divine
Revelation, God says: “Your companion errs not, nor does he deviate. Nor does he speak out
of desire. It is naught but revelation that is revealed One Mighty in Power has taught him, the
Lord of Strength. So he attained perfection.”10
Revelation is available to us in the form of the Quran and the Sunnah of the Prophet. The
Quran comprises only those Revelations that are made in the very words of God, while the
rest form the corpus of the Sunnah. Here it must be mentioned that it is wrong to claim Ijma
and Qiyas as sources of Islamic law. Both are mere tools provided in Islamic jurisprudence
for further extension of the law.
They only extend the laws given in the Quran and the Sunnah to matters not expressly
covered by them. The methods of expansion of law should not be confused with sources of
law.
10
(Al-Quran, 53: 2-6)
Bibliography
Mulla, D.F., Principles of Hindu Law
www.google.com
www.lawyersclubindia.com
www.scribd.com