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Islam means “submission to the will of God and

PART - I
establishment of peace”. Muslim law had its origin in
Arabia, where the Prophet Mohamed started it and the
MOHAMMADEN LAW Mohammedan invaders in India brought the religion to
India. Before the advent of Islam in Arabia, the Arabians
SECTION - I were following various superstitions and were not leading
MOHAMMADEN LAW GENERAL a disciplined life.
(PERSONS, SOURCES AND SCHOOLS)
According to Muslim religion, God created the
universe and He prescribes a pattern of behaviour which
1. DEVELOPMENT OF MOHAMMEDAN LAW the human beings must observe.

SYNOPSIS: B. THE HOLY QURAN/KURAN:

A. Introduction The Quran is the divine communication of Prophet
B. The Holy Quran/Kuran Mohammed(570 A.D to 632 A.D.) with the Allah, the
only God according to the Muslim religion. The Quran is
C. The Shariat
the holy or sacred book and the basic text of the Muslim
D. Stages in the development of religion. The muslim law is founded upon Quran.
Mohammedan law:
1. Period/Stage of Quranic precepts The Quran has 114 chapters divided into 30 parts.
2. Stage of collection/Orthodox Khilafat: They are revelations from God through the angel
“Gabriel” at various times and it took over a period of 23
3. Stage of theoretical study
years for the Prophet to complete it. Allah is considered
4. Stage of evolution of Ijtihad and Taqlid as the God. The Prophet spread the message of Allah in
5. The Fifth period the form of revelations throughout Arabia.
E. Conclusion
The Prophet was born in Mecca in 570 A.D. and he
fled to Medina in 622 A.D., which marked the beginning
A. INTRODUCTION: of the Muslim era.
Prophet Mohammed was the sole person to develop
Muslim law. The foundation of the Muslim law was in C. THE SHARIAT:
the form of revelations of the Prophet Mohammed from The Code of Islamic religion is the Shariat. It is
Allah through an angel Gabriel. the religious law of Muslims. It is Allah’s commandment
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of duties (hukum). Legal considerations or individual
rights are not given more importance than Allah’s
commandments. There are five kinds of injunctions-
a) those duties which have to be strictly done(Fard)
b) those which should be strictly forbidden (Harram)
c) things which are advised to be done (Mandub)
d) things which advised not to be done (Makruh)
e ) those things which the religion is indifferent about
(Jaiz)
A true Muslim is expected to strictly adhere to the
injunctions of the Shariat.
D. STAGES IN THE DEVELOPMENT OF
MOHAMMEDAN LAW:
The following are the five stages in which the
development of Mohammedan law can be studied:
They are:
1. Period/Stage of Quranic precepts : (1 to 10 After
Hajra) (622-632 A.D.):
After the flight of the Prophet from Mecca to Medina
in 622 A.D., the Mohammedan era began. In the last
ten years of the Prophet’s life, he established his
sovereign over Medina first, and in a short span of time,
it began to spread throughout Arabia.
The Prophet died in 632 A.D., and before that all
the quranic verses had been revealed by the Prophet.
2. Stage of collection/Orthodox Khilafat: (10 to 40
After Hajra) (632 – 661 A.D)
Since the Prophet died without leaving a son or
appointing a successor for himself, the muslim
community had difference of opinion as to who should
succeed the Prophet. One group headed by Fatima, the
Prophet’s daughter contended that Ali (her husband)
should be the rightful successor of the Prophet.
The other group was headed by the widow of the
Prophet by name Ayesha, who was also the daughter of
Abu Bakr, the Prophet’s friend. She advocated election
to the prophet’s successor. In the election, Abu Bakr
became the first Khalifa or Caliph.
After his death in 634 A.D., Omar became the
second Caliph. In one year’s time, he was assassinated
and then Osman became the third Caliph. In 656 A.D.,
he was also assassinated and Ali became the fourth
Caliph.
These four Caliphs namely Abu Bakr, Omar, Osman
and Ali carried on all the government of the muslim
empire exactly like Prophet and they were also assisted
by an advisory council consisting of companions of the
Prophet, who knew the ideals of the prophet.
This period ended when Ali, the fourth Caliph was
assassinated and the dynasty was taken over by Muavia,
who headed the Ummayyad dynasty.
The two schools of Mohammedan law namely Sunni
and Shia school arose at this time. Those who supported
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the election of Aub Bakr were called Sunnies. Those
who did not support the election, and wanted inheritance
to the succession were called the Shias.
The Shias did not recognize the first three Caliphs
namely Abu Bakr, Omar and Osman. For them Ali was
the first Caliph.
3. Stage of Theoretical study: (40 After Hajra to 3rd
century):
During this period, it became necessary to compile
all traditions and segregate those traditions which were
authentic and those which were doubtful. Thus, the
theoretical study of Mohammedan law was improved in
this period.
The 4 sub schools of Sunni Law arose during this
period.They were:
i) Hanafi School: Founded by Abu Hanifa
ii) Maliki School: Founded by Malik Ibn Anas
iii) Shafi School: Founded by Imam Mohammed Ibn
Idrisash.
iv) Hanbali School: Founded by Imam Ibn Hanbal.
4. Stage of evolution of Ijtihad and Taqlid: (third
century after hajra to 1924 A.D.):
In this stage, there was no growth of Mohammedan
law, but it’s interpretation was concentrated upon. Two
doctrines namely Ijtihad and Taqlid evolved. Ijtihad
means “studying intensely to arrive at a strong opinion”.
An individual who was doing this kind of
interpretation namely Ijtihad, was called Mujtahid. On
the basis of learning and reputation, his post was
respected.
The other doctrine namely Taqlid means “following
the opinion of another person without knowledge of the
opinion”, which applied to people who were not educated
and blindly followed the Mujtahids.
As every one cannot be educated, they cannot be
mujtahid but may be a follower of ijtihad namely taqlid.
5. The Fifth period (1924 A.D to the present day):
In 1924, the system of Caliphate was abolished . There
was no religious head like the Caliph and laws had been
codified. So, the Shariat had become only a moral and
religious code of conduct to be followed by Mohammedans.
The Mohammedan law came to India through the
first conqueror Mohamed of Ghazni.
British period:
During the early British period, the criminal
proceedings were regulated by the Shariat, irrespective
of the religion of the offender. But in respect of suits
regarding inheritance, succession, marriage and caste
and other religious usages, the personal laws of each
religion like Hindu law for hindus and Shariat for
Mohammedans were followed.
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Subsequently, the Mohammedan law relating to
crimes were superseded by the Indian Penal Code (Act
XLV of 1860). Slavery was abolished and rules relating
to slavery found in the Mohammedan law books had been
rendered inoperative due to the advent of the Act V of
1843.

In the same way, the Indian Evidence Act governed

India uniformly and the Indian Majority Act of 1875 made
a change in the age of majority for entering into contract
in the Mohammedan law.Yet the personal laws of
Mohammedans has been preserved in other matters.

D. CONCLUSION:

The customary law prevailing over the Muslim

personal law was put an end by the passing of The
Shariat Act, 1937, which brought uniformity in the
application of Mohammedan law to all muslims.

UNIVERSITY QUESTIONS FOR REVIEW:

1. Enumerate the various stages in the development of

Mohammedan law.

2. Who is the founder of Mohammedan Law? Write a

note on the Holy Quran.

3. Write Short Note on:

a) Holy Quran/ Kuran b) The Shariat

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