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1) Sources of Muslim law :

The following are the sources of muslim law.


1) Ancient sources : There are four ancient sources of law. They
are :
a) Quran : Quran is the holy divine book of Muslims. It contains
6000 verses divided into 30 parts and 114 chapters.Quran
distinguishes truth from falsehood and shows right path to human
beings. The contents of Quran have spiritual value and hence
muslims proclaim that their law can not be changed by
Parliament or legislature.
b) The Sunna : Sunna literally means a path, a procedure, a way
of action. It has come to mean the utterances, deeds and
practices of the prophet. The Quran contains words of God,
Sunnaa contains the practices and deeds.
c) The Ijma : The Quran and Sunna look to the past while Ijma
and Kiyas deal with the future of islam. Ijma is the consensus of
jurists. It is a concurrence of opinion of the companions of
Mohamed and his followers.
d) The Kiyas : Kiyas is based on comparison of Quran, Sunna
and Ijma. Kiyas did not create any new law but applies the
recognized principles to new circumstances.
2) Custom : Custom has not been recognized as source of law.
However, custom has always been used for applying the legal
principles of Islam. Custom as a source of law was superceded
by Shariat Act 1937 which talks about marriage, dower,
succession, guardianship etc.
3) Modern sources : The following are the modern sources :
a) Equity, justice and good conscience : The doctrine of equity,
justice and good conscience have been a source of law. All
muslim laws are based on equity and justice. Several areas of
muslim law were modified so as to meet the changing conditions
in india.
b) Judicial precedent : Judicial precedent means judicial
decisions. The decisions given by various courts supplement
and modify law. The lower courts follow the decisions of higher
courts. Thus precedent is an important source of law.
c) Legislation : Legislation is a act made by Parliament and
legislature. The Waqf Act 1954, The Shariat Act 1937, Muslim
Women (Protection of Rights on Divorce ) Act 1986 all govern
muslims in India.

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