Watch on YOUTUBE

Sources of Muslim law

1-Primary Sources

(i) Quran

(ii) Sunna /Ahadi

(iii) Ijma

(iv) Qiyas

2-Secondary Sources

(i) Custom

(ii)Judicial Decision

(iii)Legislation

1- Quran

1- The word Quran is derived from the Arabic word "Qurra" which means to read.

2- Every word of Quran is the word of God.

3-The first revelation came to the prophet in 609 AD ,these Revelations were made by angel Gabrielle to the prophet.

4-These messages from God were conveyed to the society by the Prophet through his preaching .

5-The Quran was structured in Arabic and it consists of 111 chapters which are known as Sura, the Suras contains 6666 versus which are called Ayats ,out of these verses 200 deal with legal principles such as marriage , maintenance, inheritance

6-Quran was never compiled or arranged in a proper form, in starting it was written down on Palm leaves skin or parchment so it was available in this form only.

7- After Prophet's death the authority of Osman who was third Calif, consolidated and systematically wrote the verses of Quran.

2- Sunna / Ahadi

1-Sunna or Ahadi means the tradition of Prophet whatever the prophet said or did without reference to god is treated as his tradition and is the second source to Muslim law

2-Wherever Quran is silent about an issue guidance was sought from the Sunna.

*Types of Sunna-

(1) Sunnat ul Qaul (words spoken)-which means the uttrance or the saying of Prophet Muhammad

(2) Sunnat-ul-fail (conduct) -which include the doing of the prophet that is his behaviour .

(3) Sunnat-ul-Taqreer (silence)-which is the Silence of the prophet. An answer to a question which was put before him for his decision ,silence amounts to implied consent or approval of a rule of law

Types of narrators

1-Companion of the prophet- They were such Muslim who lived during the lifetime of the prophet and had the privilege of being in his close contact this narrator was treated most reliable

2-Successors of the companion -Those Muslim who did not live during the Life of Prophet but had the occasion of being in contact with the companions of the prophet are called successor

3-Successor of successor - Such Muslim who neither live during the Life of Prophet nor during the life of any companion, but were in contact with successors.

3-Ijma (Unanimous decision of jurist)

1- When Quran and sunnah could not apply any rule of law for a new problem law knowing person (jurist)used to agree unanimously and gave their common opinion over that point

2-The principle of Ijma is based upon the text that is god will not allow its people to agree on an error and whatever Muslim hold to be good is good before God.

3-The Ijma derive its power and authority from both Quran and Sunna due to which it can never be contradicted to anyone.

4-It played important role in development of Muslim law and to fulfill the needs of the society

*Kinds of Ijma

1-Ijma of companion- It is the essential opinion of companion which is universally acceptable most authoritative unrepealable could not be overruled or modified by any subsequent Ijma.

2-Ijma of the jurist- It is the essential opinion of jurist which is believed that, it is the best Ijma after Ijma of companion ,all the jurist should sit together and discuss the reasoning and majority of the jurist is of the view that unanimity to form Ijma

3-Ijma of people- It is opinion of majority of Muslim sometime the general agreement of the great majority of Muslim was also accepted as law

4-Qiyas (analogical deduction)

1-This is the last primary source of Muslim law. Qiyas means Reasoning by analogy from above three sources that is Quran, sunnah, Ijma .

2-Qiyas may be defined as a process of deduction by which the law of the text is applied to cases which do not covered by the languages are governed by reason of text.

3-Thus it should be noted that Qiyas does not purport to create new law but merely to apply the old established principal to new circumstances.

Secondary Sources

1- Custom ( Urf aur Tamul ) 

Before Islam ,Arab was governed by customary law, when Islam came into existence most of the customary law found by the Prophet to be evil and bad and were abolished ,but there were some good custom which Prophet approved by his silence and became a part of tradition of the prophet.

2-Judicial decision 

In the modern world the decision of the court hold a crucial position as a source of light include decision of District Court High Court and the Supreme Court of India.

3-Legislation

In India laws are made through legislation ,the bill are passed in the parliament later becomes act.