RELEVANCY

 It is applicable to some 15 crore Muslims in India,12 crore in Pakistan

and 13 crore in Bangladesh.
 Muslims in some 20 countries in Asia, Africa and Europe , follow
Muslim Law
 1/6 of the world population is following Islam
 The Shariah- whether in its original or a somewhat modified form still
represents the family law of nearly 425 million Muslims. (unchanged-
SA, Kuwait,Bahrain etc, Completely abandoned-Turkey, Albenia, Kenia
etc Reformed-Bangladesh, Iraq, India etc)
 It survives in the in the civil codes of a number of Muslim States
 Relevancy

oIt represents a coherent, ,well documented and

independent system of law.
o It still holds the key to the future.
oAllah is the Legislator
oLaw of Equality
oNo complexities
oIslamic Law is consistent with human nature
o Islamic Law covers all aspects of Human Life
oIslamic law is universal
 SCHOOLS OF MUSLIM LAW
(1) Sunni School:
i) The Hanafi School: Imami-Azam-Abu Hanifa, Numan Bin Sabit–
Pupils: Abu Yusuf and Muhammad
• The are grater reliance on Qiyas
• Relied less on Hadith
• Introduced doctrine of Istihsan (preferenc)as source
• More liberal
• Followers are more than 1/3 of total Muslims in the World, in Indian
sub-continent, Afganistan, Turkey, Egypt, China
 MALIKI SCHOOL

ii) Maliki School: founder is Imam Malik born on 95 AH

* greater reliance on Hadith
*Acceptance of the practices of the people of Madina and the
sayings of the companions of Prophet.
*In the absence of an Express text, Analogy is accepted
• Introduced doctrine of Al- Masalih Al- Mursalah(Public Interest)

• Followers are in North Africa ,Spain, , Algeria, Tunisia etc.

 III) SHAFEI SCHOOL

 Founder Imam Shafei first time follower of

Imam Malik
 It is compromise between Hanafi and Maliki School.
 Rejected Istihsan and Istishlah (Public Interest) but
accepted Isdidlal (deduction)
 Followers are Egypt, Syria, Lebanon etc
 iv) Hanbali School

•Founder Imam Ahmad bin Hanbal- Pupil of

Imam Shafei
•* Accepted four Main Sources- quran,
Sunnah, Ijmaa, Qiyas and also traditions
having a weak chain of transmission
 (2) Shia School

i) Ithna Asharia-12 Imams =Hazrat Ali=> Hasan=>

Hussain=>Ali -Zainul -Abdin=> Md. Al-Baqir=> Jafar-
As-sadiq=>Musa-Al-Kazim=>Ali-Al-Rida=>Md. Al-
Jawad=> Ali-Al-Hadi=> Al –Hasan- Al-Askari=>Md.
Al- Muntazar
a)Akhbari- taditionalist
b) Asuli -Reasoning
ii) Ismailies- followerSeventh Imam. A) Nisari and b)
Mustari
iii) Zaidiya- follower of Imam Zaid
 Distinction Between Muslim Law
and Other Laws

i) As regards nature: Not secular law/

ii)As regards aims and objectives: Satisfaction of
Almighty/ peace in the World
iii)As regards source: four /Statutes, conventions
,customs
iv)As regards legislations: Allah/Parliament
v)As regards amendments: Amendable/non-
amendable
vi)As regards enforceability: by the fear of
punishment here and hereafter/ fear of punishment in
the world
vii)As regards supremacy: Allah and his prophet/
Parliament or constitution
 Differences

viii)As regards territorial jurisdictions:

boundary is open/limited
ix)As regards infliction of punishment:
punishment never be escaped/ may be
escaped
x)As regards accountability:
Accountable to Allah/to Govt.
xi)As regards universality and
Uniformity: Universal and uniform/not
xii)As regards Morality: Fornication
(Zina)
 Application of Islamic
Law in Bangladesh
 The Muslim Personal Law (Shariyat) Application Act.1937-
succssion, gift, marriage, talaq, zihar, khula, maintenance, dower,
guardianship, trust, waqf etc
 The Child Marriage Restraint Act.1929
*Child marriage -1 months or 1000 or both parents + bride and
bridegroom.
 The Dissolution of Muslim Marriage Act,1939
 Grounds of getting decree= not known for 4 yrs, not maintenance
for 2years, additional wife, imprisoned for 7 yrs, failing marital
obligations for 3 yrs, insane for 2 years suffering from virulent
disease, after repudiation, treating cruelty
 The Muslim Family Laws Ordinance and Rules,1961-talaq,
Maintenance, Doctrine of Representation,Polygamy,
 APPLICATION OF ISLAMIC LAW IN
BANGLADESH
 The Muslim Marriage and Divorce (Registration )
Act,1974 and Rules,1975
 The Muslim Family Court Ordinance and Rules
1985
 The Waqf Ordinance 1992

 The Guardian and Wards Act,1890

 The Dowry Prohibition Act,1980-1-5yrs or fin or

both
 The Cruelty to Women (Deterrent Punishment)
Ordinance, 1987
APPLICATION OF ISLAMIC LAW IN
BANGLADESH
 The Special Marriage Act, 1872
 Nari-o-Shishu Nirjaton Daman Ain,2000

 DLR Publication: Obaidul Haq Chowdhury’s Handbook

of Muslim Family Laws
ANY QUSTIONS..??

Thank you