THE ORIGIN AND

DEVELOPMENT OF ISLAMIC
LAW

GROUP NO. 7 ~ RANI LAXMIBAI

MEMBERS ~ CHINMAYEE JENA(SPEAKER),

SMRUTIPRAVA SAHOO(PRESENTER), ASHWINI
KUMAR PARIDA AND MANISHA
RATH(RESEARCHER)
 INDEX
1.History of Arabian civilisation and the growth of Muslim’s religion
2.Advent of Islam law
*customary laws of Arabian society before advent of Islam
*first period - about prophet Mohammad
*second period – After the death of prophet Mohammad (The period of caliphates)
*third period –
*fourth period –
3.Constitutional relevancy with personal law
4.Uniform Civil Code(UCC)
*What is UCC?
*In which article of the constitution UCC is mentioned?
*Why UCC has not made while making constitution?
*Why UCC has not still implemented in India?
 HISTORY OF ARABIAN CIVILISATION AND THE
GROWTH OF MUSLIM RELIGION
• Islam is the world’s second largest religion after Christianity. The word Islam means
submission to god. Islam originated in 7th century CE.
• Arabian civilisation was flourished in middle east region of this world. This central
Asia is mostly covered by deserts i.e sahara desert.
• The bedouin (the Arabs of those days) have proudly maintained their pastoral way of
life over thousand of years.
• This community was depended on trading and raiding for their livelihood.
• The trading was mostly of dates, animal flesh and skin.
• The male members were involved in trading and the others were in raiding, used to kill
the traders and took away their wealth.
• Community under the Arabian civilisation were nomads, so number of groups
developed and every group have their own way of believing god and worshipping.
• Women, children and old people were the worst sufferers of this civilisation.
• Polygamy , divorce , slavery were some of the common customs.
 CUSTOMARY LAWS OF ARABIAN
SOCIETY BEFORE THE ADVENT OF ISLAM
• Customary laws of Arabian society before the advent of Islam were very peculiar.
Most of the customs were unreasonable and inhuman.
• Customs like to bury alive an unwanted female child,gambling was prevelant
throughout the society, slavery was common and slaves were treated as valuable
properties of their masters, women were not given human values they were treated
like properties, there were no restriction as to the number of wives an Arab could
marry, mutta marraiges were also exited among Arabs.
• This was the social structure of Arabia where prophet Mohammad was born and
preached the religion of Islam.
 ABOUT PROPHET MOHAMMAD

• Prophet Mohammad was born at Mecca in 570 AD. The prophet mohammad belonged to a
prominent Arab family Koreishi tribe. His father’s name was Abdullah and mother’s was
Amina.
• Prophet mohammad was a posthumous child and when he only six years old he lost his
mother too. He was passed into the care of his grandfather Abdul Mutalib and after him by
uncle Abu Talib.
• Islam respect all the women and give utmost respect to the old people.
• He married to Khadija at the age of 35 years. Two sons were born to him but both died in
infancy. And then he had four daughters, the youngest daughter was Fatima who married to
Ali.
• Prophet was very serious minded person from his childhood and he had spent much of the
time in solitude making a lonely cave named “hira” where he is said to have been occupied
in prayer and meditation.
• At the age of 40 years he was unanimous with god Allah and got his first revelation from
Allah through an angel Gabriel.
• The revelation or words of god are called wahi.
• The people wrote down the wahi on palm leaves or on the bones of camel which was
later compiled.
• He had five companions (since the revelation started till death):
*Khadija (Mohammad’s Wife)
*Warraka ( Blind scholar)
*Abu Bakr (Father in law of Mohammad)
*Omar (scholar)
*Ali (son in law)

With his band of followers mohammad started preaching the new faith.
But he and his followers were persecuted and they moved from Mecca to
Medina in 622 AD, the flight from Mecca to medina is known as “Hijrat”,
which marks the beginning of Muslim Calender i.e AH1.
At medina prophet was well received ultimately he succeeded in not only
having a large following but also establishing a political organisation
called the “umma”.
• The religion propound by prophet was Islam and the person who follow Islam are
Muslims. In Arabic the word Islam denotes submission to the will of Allah or
surrender to Allah and the word Muslim refers to one who adopts the faith of Allah.
• Five pillars of Islam religion are followings:
1. Kalma- It is the duty of every Muslim to recite Kalma. It implies certain hymns
proclaiming the unity of god accepting Mohammad as the prophet.
2. Namaz- every Muslim must say prayers five times a day and on every Friday he
must offer his afternoon prayer at the mosque.
3. Zakat- It is the duty of every Muslim to offer zakat or charity to the poor and
needy ones.
4. Ramzan – The most pious duty of every Muslim is to observe fast in the holy
month of Ramzan.
5. Haj – every Muslim should go for the Hajj or pilgrimage to Mecca at least once in
his lifetime.
• Prophet Mohammad breathed his last in 633 AD (A.H. 11)
 SECOND PERIOD (THE PERIOD OF
CALIPHATES)
• The death of Prophet Mohammad led to chaotic situation in the spiritual leadership of the
religion. The major dispute arose between the followers in the formula to be used to choose
the Immamat (spiritual leader).
• The majority sect was of view that the principle of election was the appropriate formula
while the other sect wanted to appoint a successor from prophet Mohammad’s family as the
new Immamat.
• Abu Bakr (father in law of prophet) was elected as the new Imam according to the majority
sect and he became the first Caliph (successor).
• The election of Abu Bakr to the caliphate led to turmoil and dissensions in the Muslim
world, giving birth to two main faction of Muslims, the Sunnis and Shias. The Koreishi tribe
split into Ommayads and Hashmites. Ommayads become sunnis and Hashmites becomes
Shia.
• After the death of Abu Bakr in 634 A.D. Omar was elected as the second caliph. On Omar’s
assassination of 644 A.D. Osman became the third Caliph and during his period the Quran
was compiled. On Osman’s assassination in 656 A.D. Ali became the fourth caliph. He too
was assassinated in 661 A.D.
 THIRD PERIOD
• On Ali’s death, his first son Hasan resigned in favour of Muavia (the founder of
Ommayad dynasty). Ali’s second son, Hussain revolted and died fighting at the war
“karbala”.
• After the Karbala war Ommayad dynasty started rulling with its head Muavia.
• The principle of hereditary succession was introduced in the caliphate.
• The Ommayad dynasty continued to rule till its 14th caliphate and was overthrowned
by Abasiddes.
• A new dynasty i.e Abasidd dynasty started and they proclaimed themselves as the
spiritual head of the Muslims.
• Schools were developed during the period of Abasiddes:
 FOURTH PERIOD

• In 1258 A.D. mongaols invaded Bagdad and the 37th Abasid Caliph Almusta Sim
B’Illah was assassinated along with all the members of family.
• The Calliphate then, passed on to Abdul Kashim Ahmad, who was installed as the
Caliph of Sunni sect at Cairo in 1261 A.D.
• In 1500 A.D. the Ottoman ruler, Selim I , rose to power.
• In 1571 A.D. the Calliphate passed to Selim I by a deed of assignment.