Essential Sources of Muslim Law in India
The Quran
The Quran, which all Muslims consider to be their holy book, contains direct disclosures of God through Prophet Mohammed (S A W).
Quran is the foundation of every Islamic law.
Every single fundamental, instructing, standard, and practice of Islam begin from the Quran.
It contains verses of religious nature just as lessons directing human lead. Because of its stature as Islam’s holy book, it is the final authority on Muslim law.
Ijma
After Prophet Mohammed’s (S A W) demise, there was a consensus in the Muslim world that assessments of religious jurists will prevail.
The Mujtahids (jurists with the proper information on Islam) will interpret the Quran, Sunna, and Hadis.
The regular assessments of the law specialists or jurists on the Quran’s angles didn’t clarify Ijma. This source of law is far-reaching and covers numerous themes.
It gets nearly as a lot of significance as the Quran and the Sunna themselves.
Qiya
The term ‘Qiya’ fundamentally implies analogical reasoning from the current sources.
At whatever point different sources don’t clarify something, Qiya helps deduct understandings that appear to be the most self-evident.
Qiya, be that as it may, can clarify or interpret the law; however, it can’t change the code or its substance. This source of Muslim personal law positions beneath different sources given its deductive nature.
Auxiliary Sources of Muslim Law in India
Aside from the essential sources we saw over; the accompanying optional sources likewise administer Muslim law to a restricted degree:
Muslim Law in India
Albeit Muslim law in India is uncodified, the Parliament has made a few laws to manage some Islamic practices.
For instance, the Muslim Personal Law (Shariat) Application Act, 1937 governs marriage, succession, and legacy or inheritance.
The Dissolution of Muslim Marriages Act, 1939, is another law controlling certain divorce cases among Muslims.
Judicial choices
Courts in India have, on a few occasions, deciphered Muslim law as a rule.
Every one of these understandings, by and large, depends on essential sources, enactment, and assessments of jurists.
Courts have settled numerous significant lawful oddities utilizing legal interpretations.
Customs
Customs are essential practices that people follow ceaselessly for an extensive period. They follow them for such a long time that they acquire the status of law now and again.
Muslim law contains different traditions directing acts of people.
Some Important and Relevant Legislations of Muslim Family or Personal Laws:
- Bihar & West Bengal Registration of Muhammedan Marriages Acts 1876, Guardians and Wards Act 1890.
- Child Marriage Restraint Act of 1929.
- Muslim Personal Law (Shariat) Application Act of 1937.
- Dissolution of Muslim Marriages Act 1939.
- Special Marriage Act of 1954.
- Family Courts Act of 1984.
- Muslim Women (Protection of Rights on Divorce) Act 1986.
Do you want to know more about the Muslim personal or family laws, then please do contact a learned family lawyer.