SOURCES OF MUSLIM LAW

PRIMARY SOURCES
SECONDARY SOURCES
1. Quran(Holy book)
1. Custom or Urf.
2. Legislations.
2. Sunnat & Hadith Dissolution of muslim marriage

(Traditions & model Act,1939

Shariat Act,1937
behavior of prophet)
Musalman waqf validating Act,1930
Muslim women(Protection on
3. Ijma(consensus of opinion, divorce Act), 1986.
Majority opinion of the
jurist) 3. Judicial decisions.(Precedents, c
ase Laws)
4. Qiyas (Analogical
deduction of first three 4. Equity, justice & good conscience.
(Principle of common Law, put as a
sources)
saving clause)
1.QURAN
It is the first & paramount/universal authority on Muslim Law.
The word Quran is derived from a an Arabic word Qurra, which

means to read.
It contains divine revelation to the prophet , through the angel

Gabriel. It is the foundation upon which the whole structure of

Islam rests.
Chapters on Quran are called Sura, & the verses is called Ayat.

In present form this holy book contains 6237 verses called Ayat
divided into 114 chapters called Sura.
Quran contains metaphyical & abstract opinion, therological

views,ethical &religious commandamants of Allah.

Quran was given to the world in fragments, during a period of 23

years(609 to 632 A.D.)

Quran was not complied during the life time of prophet, rather it

was collected & complied by Abu Bakr, during his two years rule.
2.SUNNAT & HADITH
Any word used or act done by Prophet is called Hadis. If this hadis is
followed by number of persons it becomes Sunna.

SUNNAT:

Sunnat are traditions or model behavior of the Prophet.

It contains both manifest revelation (Zahir) & Internal revelation(Batil).

Manifest revelation was made by Gabriel, he told the prophet messages of the god.

Internal revelation were actually the opinion of the prophet on different issues.
Sometimes no direct revelation came to the prophet for several days, in the

meanwhile he has to give solutions to different problems, in such situations prophet

used his own judgment. Thus what was said, done or upheld in silence by prophet
also carries great value.
Broadly, sunnat are divided into three forms:

1. SUNNAT-UL-QAUL(Words spoken):Traditions which he expressed by words.

2. SUNNAT-UL-FAIL(Conduct): Which the prophet did himself.

3. SUNNAT-UL-TAQRIR(Silence): The things done in his presence without his

disapproval,
 HADITH

Traditions can become an authoritative source of Law, if narrated by competent &

qualified persons called narrators.In Islamic Law, qualities of a good narrator are:
1. He must be an adult & of sound mind.

2. He must possess the power of retention.

3. He must be a muslim.

4. He must be of righteous conduct.

On the basis of above qualifications following persons were recognized as narrators:

i. Companions of the prophet.
ii. Successors of the companion.
iii. Successors of the successors.

On the faith of these narrators, ahadis are classified as-

I. Ahadis-I Mutawir(Universally accepted traditions)
II. Ahadis-I-Mashhoor(Popular traditions)
III. Ahadis-i-Ahad(Isolated traditions)

Shias limitedly recognize hadith.

3. IJMA
Ijma is the third important source in point of time &
importance, also called consensus of opinion.
It is an agreement of jurist & basically the majority

opinion of the scholar on a particular topic.

In other words, it is concurrurence of preposition

which is accepted as indisputable.

There are three kinds of Ijma:-

Ijma of the companions of prophet.

Ijma of the jurist.

Ijma of the People.

Today ijma is the major authority to deal with the

present system of Islam religion.

4.QIYAS
It is the last among primary sources of law.
It means measuring or comparing by analogy with a

similar problem for which solutions was given in the

texts.
Also called as analogical deductions from top three

sources.
It consist of process of deductions by which the law of

the text is applied to the real cases & problems of the

present scenario.
For e.g. Wine is haram in Islamic Law, Does smoking

also comes within the purview of intoxification? The

answer to this question can be ddecided by analogical
deductions.
 SECONDARY SOURCES
1. CUSTOMS OR URF OR TAMUL
Before Islam, Arabs were governed by customary laws, most of the

customs were abolished by advent of Islam, but those customs on

which Prophet remained silent were allowed to proceed. It is never
formally recognized as an authenticated source of Islamic Law.
A customary law exists in Islam either because of sunna or ijma.

(traditions or majority opininon of jurist)

It does not command any spiritual authority.
Essentials of a valid custom:
It should not be opposed to the clear text of the Quran.
It need not exist from prophets time, but must not be disapproved

by him.
It must at least be territorial, if not universal.
It must be ancient & invariable.

It should not be opposed to public policy.

CONTINUED..
2.JUDICIAL DECISIONS
The decision of the privy councils, the supreme court as well as
of the high courts in India are regarded as precedents for
future cases and becomes an authority for subsequent cases
arising in subordinate courts. On some points the judicial
decisions have completely modified the pure Muslim Law. For
eg.
In Mohd. Ahmed khan v. shah bano begum(1986)

Maintenance u/s 125 crpc. in addition to personal laws

allowed.
In Sarla Mudgal Case & Lily thomas V. union of India:-

Supreme court directed that malafide second marriage( by

way of conversion) will be considered as committing fraud
on the religion. Validity challengeable in court u/s.494 IPC.
Concept of adoption.
CONTINUED.
3. LEGISLATION
Muslims in our country are also governed by various
legislations passed by the various legislators or
parliament from time to time. For e.g.
The child marriage restraint Act,1929.

Shariat Act, 1937.

Muslim women (Protection of rights on divorce Act)

1986.
Criminal procedure code,1973.

Domestic violence Act ,2005.

4. EQUITY, JUSTICE & GOOD CONSCIENCE