Sources of Muslim Law

Primary Sources

Quran

Hadis / Traditions

Sunnat

Sunnat-ul-fail

Sunnat-ul-qual

Sunnat-ul-tuqrir

Ahadis

Ahadis-i-mutwatia

Ahadis-i--mashhoor

Ahadis-i-wahid

Ijma

of the Companions

of the Jurists

of the People

Qiyas

Analogical Deductions

When the case is not covered by the other

sources

Secondary Sources

Urf / Curtom

has to be generally prevalent throughout the

country

Territorial

Immemorial

Judicial Decisions

By the Privy Council, SC, HC

Supplements and modifies the law

Hammera Bibi v. Zubaida Bibi (interest on loan)

Legislations

Mussalman Wakf Validating Acts of 1913 and

1930

Shariat Act, 1937

Dissolution of Muslim Marriage Act, 1939

Muslim Women (Protection of Rights on Divorce)

Act, 1986

Justice, Equity and Good Conscience

Abu Hanifa

Qiyas to be set aside on liberal construction of

law/ juristical preference to meet requirements of
a particular case

"Istihsan" - juristic equity