Sources Of Mohammadan Law

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SOURCES OF MOHAMMADAN LAW :
CLASSICAL SOURCES OF MOHAMMADAN LAW :

1. Quron
2. Sunna Draditions,
3. Ijmas,
4. Sources of Muslim law in India


1. QURON :
The Quron is the religious book of the Muslims. It is of divine origin. It contains 6900 verses arranged in order. These verses are revealed by the Angel Gabriel as the messenger of God to the prophet Mahomedan. The verses of the Quron deal with legal matters like inheritance, divorce, guardianship, etc. It is very authoritative because it represents the voice of God.
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2. SUNNA (DRADITIONS) :

It consists of the usage of the prophet. It deals with the principles of Islamic religion and to some extent the positive law.


3. IJMAAS :

It is the identical thinking of various jurists of the Muslims religion. But, identical thinking on error will not be allowed by God in the words of prophet. If the Ijmas is not opposed to the Quron or the Sunna, then it is valid.

4.QIYAS :

It is the conclusion derived by comparing the above three sources. If there is no clear law, the Quron, Sunna, and Ijmaa are compared and a conclusion is arrived at by such comparisons.

THE RULE OF CUSTOM IN MOHAMMADAN LAW :

Generally, the customis never considered as a source of Mohamedan law. But the conversion of Hindu to Muslim religion established custom as a source of Mohamedan law. The limited estate by a female is due to custom is over ruled and it was never a source of Mohammadan law.

POSITION OF CLASSICAL SOURCES IN INDIA :

The Court in India, through decided cases have laid down that the classical sources are to be followed as such.

This is called 'Taqlid' :

1. Courts should not give their own interpretation of Quron.
2. Traditionally, settled legal principles must be accepted as such, though it is contrary to Quron.

3. New Rules of law cannot be introduced on the basis of logical interpretation of Quron.

4. The settled laws must be followed as such even if they are not 'modern' just or logical .

However, there is nothing in the Constitution or any other enactment directing the Courts to follow 'Taqlid'

SOURCES OF MUSLIM LAW IN INDIA:

1. Legislative enactments like :

a) Musalman Waqf Validating Act 1964.

b) Muslims Personal law ( Shariat) Application Act 1937

2. Judicial precedents (case laws of Supreme Courts and High Courts)

3. Certain books of jurisprudence and reference books.

All these are strictly not sources of Muslims law, but they determine the applicability of certain aspects of Muslims Law.

In Shah Banoo's case, the Supreme Court held that the settled law could be altered, if the same is not just or legal.