SOURCES OF MUSLIM LAW unit one Laws.pptx

Muslim Law sources

1. SOURCES OF MUSLIM LAW

2. SOURCES PRIMARY SOURCES THE QURAN THE SUNNAT AND AHADIS THE IJMA THE QIYAS SECONDARY SOURCES CUSTOM JUDICIAL DECISIONS LEGISLATIONS JUSTICE, EQUITY AND GOOD CONSCIENCE

3. PRIMARY SOURCES QURAN Quran is the ‘divine communication’ and revelation to the Prophet of Islam is the first source of Muslim Law. It is the paramount and universal authority of Muslim Law. It contains the revelation of God to his Prophet Mohammed through Angel Gabriel . Thus it is embodied with the very word of God as they were communicated to Pro phet . The Quran in its present form is a book divided into 114 chapters and consist of approximately 6666 ver ses . The verses of Quran are called Ayat and the chapters of this holy book is called as sura .T he chapters were arranged under the personal direction of the Prophet who used to ask the scribe present to insert the revealed passage in a particular chapter . Thus it is not arranged in chronological order but according to command of Prophet .

4. SUNNAT AND AHADIS SUNNAT Philosophy of Prophet is called as sunnat in other words whatever said or done by Mohammed in his lifetime is called as sunnath it also includes subjects where he remains silent . hey sunnath has 3 c lasses: Sunnat -ul-fail: T raditions Prophet did himself . Sunnat -ul-qual: traditions that he enjoyed by words . Sunnat -ul- tuqrir : things done in his presence without his disapproval AHADIS The procedure of delivering or transferring teachings and philosophy from one generation to another .

5. THE IJMA Agreement of the jurists among the followers of Prophet Muhammad in a particular age on a particular question of law . In simple language principles made by jurists are considered ijma . THE QIYAS This is the last primary source of Muslim law . Qiyas means reasoning by analogy. In simple words principles made on the basis of reasoning and logic .

6. SECONDARY SOURCES CUSTOM The Muslim law includes many rules of pre-Islamic customary law which have been embodied in it by express or implied recognition . The groundwork of Mohammedan legal system like that of any other legal system is to be found in the customs and usages of the people among home it grew and developed . JUDICIAL DECISIONS These include the decision ns of the the Supreme Court as well as of high courts of India . In deciding particular cases the judges enunciate what the law is. These decisions are regarded as presidents for future cases . hey a president is not merely an evidence of law but a source of it and the quotes of lower bound to follow the president s.

7. LEGISLATIONS In India Muslims are governed by various legislations passed either by the parliament or state legislatures . for example: The Musulman Wakf Validating act 1933 , The Shariat Act 1937. etc. JUSTICE, EQUITY AND GOOD CONSCIENCE The rule of law based on analogy could be set aside at the option of the judge on a liberal construction or juristic preference to meet the requirement of a particular case.