INTRODUCTION TO MUSLIM LAW

ORIGIN AND SOURCES

BY PRAGATI DANTRE
Historical Background
a personal law is that branch of civil law which applies upon the persons of a particular religious community. Thus
Mohammedan law applies upon Muslims, and Hindu law upon Hindus
Pre-Islamic Arabia (Ayyam-e-jahiliya)

Before Mohammad became a Prophet (after the advent of Islam), there was no general law of the races inhibiting the
Arabian Peninsula. Each tribe was governed by its own laws

History Of Prophet and Advent Of Islam

Prophet Mohammad was born at Mecca in (571 A.D.) The Prophet was a posthumous child. His father Abdullah,
while returning from Syria, where he had gone for some business, died at Medina. The Prophet was brought up by
his mother Amina. On his mother’s death, while he was six years old, the Prophet passed

into the care of his grandfather, Abdul Muttalib. Two years later the

grandfather also died and the boy was then brought up by his uncle Abu Talib.
Continue……..
After the age of twenty-five years he spent much of his time in a solitude making a lonely cave
named Hira, his abode, where he is said to have been occupied in prayer and meditation. He
became a Prophet at age 40, when he received his first message from God via God’s angel
Gabriel.

In his endeavours he met the most bitter persecution from the idolaters whose faith he attacked.
He was abused, spat on, covered with the sand dragged from the temple of Mecca. As a result of
contamination of the magnesium can prevent in Arabia, the Prophet was compelled to leave
Mecca and to take refuge among his followers at Medina. This flight of Prophet is known as
‘Hijrat’, which marks the beginning of Muslim era.
What is islam? ● In the religeous sense ISLAM means
‘submission to the willof God’ and
Who is a Muslim? ● In secular sense it means the
‘establishment of peace’
● The root of word Islam is drived from the
word ‘asalam’ that means Peace, Greeting,
Safety and Salvation.
● Muslim is a person whoes faith is Islam.
● In Islam it is beleived that Allah is one and
Muhammad is his messanger.
● Thus, it can be said that a person who
believes in one God and the Prophethood
of Muhammad is a Muslim.
Muslim Law Intro
Muslim Law is the branch of civil law which
regulates the family maters of Muslims.
Muslim law or Islamic law is known to be
originated from the divine and not like the
man-made laws that are passed by the
lawmakers and are governed by the principles of
modern systems of law. Islam signifies
submission to the will of God and means peace,
purity, salvation, and obedience. Muslims
believe that there is only one god, Allah.
The traditional Islamic law or Islam's legal
system is well known as Sharia, it is an Arabic
word which in the literal sense is referred to as
the way. Sharia is originated from Allah and that
is the reason that Muslims consider it as holy.
Muslims considered it a word of god' which
regulate and evaluate human conduct.
 “Islam is a religion of mercy to all people, both Muslims and
non-Muslims.The Prophet was described as being a mercy in the

Nature of Muslim Quran due to the message he brought for humanity”

Law “And we have not sent you but as a mercy to all the worlds.”
(Quran)

Islamic Law is a branch of Muslim theology giving

There are two conception of Law practical expression to the faith which lays down how a
Muslim should conduct in accordance with his religion,
1. Divine Law
both towards God and towards other men.
2. Man-made Law

All the religious laws are considered as Divine Law.
Laws or Set of legal principles which are directly
communicated by God or the very commandants of
God to be followed by the community are called
divine laws.
According to Prophet Mohammad, the Muslim Law is a
commandment of God and the sovereign in the Muslim
states and it is his (Muslims) duty to follow it literally.
Islam means peace by submission and obedience to the
will and commandments of God and those who accept
Islam are called Muslim, meaning, those who have
accepted the message of peace by the submission of God.
Conception of Muslim Law
SHARIYAT:
‘Means path to be followed’
Law ids considered to be of divine origin in
Islam.
It is the direction of God for regulating human
conduct.
These directions of God constitute ‘Shariyat’
FIQH:
In absence of any direction by God to regulate
human conductor absence of traditions of
prophet, the point is decided by human
reasoning.
 The primary sources of Muslim law are

Sources of ● the Quran,

Muslim Law ● the Traditions

Sunnat (the way of the Prophet),

Ahadis

● the Ijma (consensus of Islamic scholars), and

● the Qiyas (reasoning by analogy).

Secondary sources are

● judicial decisions,
● customs
● Legislation
● Justice, Equity and Good Conscience
Thanks!