Sources of Muslim law

•Introduction to Muslim Law

Muslim Law, also known as Islamic Law or Shariah, is a divine legal system based on the commands of Allah ﷻ and the teachings of Prophet Muhammad ﷺ. Its authority is derived from both revelation and reasoning.The sources of Muslim law are broadly categorized into two types:

•Categories of Sources of Muslim Law

A.Primary Sources of Muslim Law

These are the divine and foundational sources considered authoritative by the Prophet ﷺ himself:

1.Quran – The Word of Allah
• Composed of 114 Surahs and approximately 6237 verses (Ayats).
• Only around 200 verses relate directly to legal matters.
• Deals with issues like inheritance, marriage, punishment, and social reforms.
• Regarded as the first and most important source of Islamic Law.
• Not a complete code, but more like an amending act (Tyabji).

Shayara Bano v. Union of India (2017) 9 SCC 1
• Issue: Constitutionality of Triple Talaq (Talaq-e-Biddat)
• Held: Supreme Court declared instant triple talaq unconstitutional as it has no basis in the Quran and violates fundamental rights.

2. Hadith / Sunnah – Implied Revelation
• Based on the sayings, actions, and approvals of Prophet Muhammad ﷺ.
• Three types of Sunnah:
• Sunnat-ul-Qaul – Sayings
• Sunnat-ul-Fail – Actions
• Sunnat-ul-Taqrir – Silent approvals
• Classified into:
• Mutawatir – Widely accepted
• Mashhoorah – Known but not universal
• Wahid – Narrated by few

Mohd. Ahmed Khan v. Shah Bano Begum (1985) 2 SCC 556
• Issue: Maintenance of a divorced Muslim woman under Section 125 CrPC
• Held: Court interpreted Quranic verses and Hadith to affirm that maintenance is an obligation, even beyond iddat, unless properly settled.

3. Ijma – Consensus of Jurists
• Defined as consensus among qualified Islamic scholars (Mujtahids).
• Types of Ijma:
• Ijma of Companions – Binding and irreversible
• Ijma of Jurists – Based on reasoning
• Ijma of the People – Lesser significance
• Backed by Hadith: “My followers will never agree on something wrong.”

Masroor Ahmed v. State (NCT of Delhi), 2008 (103) DRJ 137
• Issue: Validity of oral talaq without witnesses
• Held: Delhi High Court referred to the Ijma of jurists and classical scholars to say unilateral oral talaq without reasonable cause or attempt at reconciliation is invalid.

4. Qiyas – Analogical Deduction
• Derives law by analogy when Quran, Sunnah, and Ijma don’t apply directly.
• Must not contradict primary sources.
• Supports Islamic adaptability and reasoning.
• Correctives to Qiyas:
• Istihsan – Juristic preference
• Istidlal – Consideration of public good

Daniel Latifi v. Union of India (2001) 7 SCC 740
• Issue: Interpretation of Muslim Women (Protection of Rights on Divorce) Act, 1986
• Held: Applied reasoning (Qiyas) to conclude that the law ensures fair and reasonable provision for a divorced woman, consistent with Quranic values.

 B.Secondary Sources of Muslim Law

These are supplementary sources that aid in interpretation and application of the primary texts:

1. Custom (Urf)

• Only accepted if not contradictory to the Quran or Sunnah.
• Abolished in matters like marriage, inheritance, divorce via Shariat Act, 1937.

2. Judicial Precedents

• Decisions from Indian High Courts, Supreme Court, and Privy Council.
• These interpretations shape modern Muslim law in India.

3. Legislation

Some notable acts modifying Muslim Law in India include:
• Shariat Act, 1937
• Dissolution of Muslim Marriages Act, 1939
• Muslim Women (Protection of Rights on Divorce) Act, 1986
• Prohibition of Child Marriage Act, 2006
• Muslim Women (Protection of Rights on Marriage) Act, 2019

4.Justice, Equity, and Good Conscience

• Applied when analogical deduction is insufficient or unjust.
• Promoted by Hanafi School in exceptional cases.

 Shia Perspective

Under Shia Law, the primary sources include:
1. Quran
2. Traditions from the Prophet’s family (Ahlul Bayt)
3. Ijma (with specific limits)
They do not accept Qiyas as a valid source of law.

Conclusion

The Sources of Muslim Law represent a rich blend of divine guidance, prophetic tradition, scholarly consensus, and reasoned judgment. Whether for legal professionals, students, or spiritual seekers, understanding these sources is vital for navigating Islamic jurisprudence in a modern world.

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