MEANING OF MUSLIM LAW

Muslim law, also known as Islamic law, is believed to have originated from the divine and is
not like the man-made laws that are passed by lawmakers and governed by the principles of
modern systems of law. Islam signifies submission to the will of God and means peace,
purity, salvation, and obedience. Muslims believe in only one god, Allah.

ORIGIN OF MUSLIM LAW

The traditional Islamic law or Islam's legal system is known as Sharia, an Arabic word that
means "the way". Muslims consider it holy because it originated from Allah and believe it is
the word of God that regulates and evaluates human conduct. Sharia is also derived from
Prophet Mohammed's principles and by some of the Muslim legal scholars who interpreted
his teachings. Islamic jurisprudence also goes back to the lifetime of Mohammed. For
Muslims, the Quran is the only disclosed book of Allah.

In the case of Narantakath v. Prakkal (1922) ILR 45 Mad 986, it was stated that there are
two basic beliefs of Muslims: the existence and oneness of God, and the belief in the truth of
Prophet Mohammed's mission.

Sources of Muslim Law

The primary sources of Muslim law are the Quran, the Sunnat (the way of the Prophet), the
Ijma (consensus of Islamic scholars), and the Qiyas (reasoning by analogy). Other secondary
sources are judicial decisions, customs, and legislation.

Primary Sources:

1. Quran

The holy book of Islam, the Quran, derives its name from the Arabic word "Qurra" which
means "to read". Muslims believe that every single word in the Quran is the divine word of
God, revealed to the Prophet Mohammed through the Angel Gabriel over 23 years, from 609
to 632 A.D. The revelations were communicated to the Prophet at different times, places, and
situations for the benefit of mankind.

The Prophet Mohammed conveyed the revelations to his companions, who memorized and
wrote them down on palm leaves, parchment, and animal skins. The Quran was not
immediately compiled or arranged in a proper form. It was only available in incomplete parts
during the Prophet's lifetime.

The Quran consists of 114 chapters known as "suras" and 6666 verses called "Ayats". The
total number of words in the Quran amounts to 77,934. Out of these verses, 200 deal with
legal principles such as marriage, maintenance, transfer of property, inheritance, etc.

The Quran was revealed over two periods, the Meccan and Medinan periods. The Meccan
period saw the revelation of verses that focused on the oneness of God, the Day of Judgment,
and the moral code of Islam. The Medinan period saw the revelation of verses that dealt with
the organization of society, laws, and regulations.

The Quran is considered to be the ultimate and final authority on Islamic beliefs and
practices. It is divine and cannot be amended, revised, or modified by any institution or
human agency. The sacred book has been translated into several languages to make it
accessible to people worldwide.
Aga Mohammad Jaffer v. Koolsom Beebee and others,
It was a judgment delivered by the Privy Council on 7th April 1897. It was observed that
where a passage of the Quran was interpreted in both Hedaya (a work of Sunni Law) and in
the Imamia (a work of the Shia Law) it was not open to a judge to construe it differently.
The courts should not compare any traditional settled law with the Quran.

2. Sunnat

Sunnat, or Hadis or Sunna, refers to the traditions of the Prophet Mohammed in Islam. The
term Sunnat denotes a way of action, a procedure, or a trodden path. While the Quran consists
of the words of Allah, Sunnat refers to the precedents, acts, language, and practices of the
Prophet. In Islamic law, there are two types of revelations i.e. manifest (Zahir) and internal
(Batin).

The Traditions of Sunna are divided into three categories namely Sunnat-ul-Fail, Sunnat-ul-
Tuqrir, and Sunnat-ul-Qaul. The first category, Sunnat-ul-fail, refers to whatever the Prophet
did by himself, setting an example for others to follow. The second category, Sunnat-ul-
Tuqrir, refers to the acts of the people which the Prophet allowed without openly expressing
his consent through words. The third category, Sunnat-ul-Qaul, refers to all the enjoined
words and the precepts of the Prophet.
Although sometimes the Prophet gave his opinion or consulted with some of his companions,
most of his verdicts were influenced by divine authority. He was considered a role model and
others were inspired by whatever he did. The Sunnat played a significant role in shaping
Islamic law and practices and continues to be an important aspect of Islamic tradition.

3. Ijma

Ijma is a legal term used in Islamic law that refers to the consensus reached by Muslim jurists
on a particular legal issue. It occurs when there is no explicit guidance available in the Quran
or other Islamic traditions, and the jurists unanimously agree on a particular decision. This
consensus is known as Ijma and is considered to be authoritative and powerful, deriving its
authority from both the Quran and the Sunnat.

The people who possessed extensive knowledge and expertise in the law were known as
Mujtahids or jurists. The Ijma is of two types, namely Ijma-al-ummah and Ijma-al-ummah.
The former refers to the consensus reached by the Muslim community, while the latter refers
to the consensus reached by the religious authorities.

Since the Ijma is rooted in the Quran and the Sunnat, it can never be contradictory to them. It
is an essential concept in Islamic law that ensures the consistency and coherence of the legal
system.

4. Qiyas

Qiyas is a term used in Islamic law that refers to analogical reasoning. Its literal meaning is
the measurement or ascertainment of the length, quality, and weight of something. Despite
the absence of clear authorities of Qiyas in the Quran, many legal jurists have provided
several proofs from the Quran and Sunnat, as well as the practices of the companions, to
indirectly support the authority of Qiyas. This has led to the use of Qiyas as the fourth
primary source of Islamic law.
The Hanafi school of thought very strongly supports Qiyas.[1] As Abu Hanifa quoted - The
knowledge of ours is an opinion; it is the best we have been able to achieve. He who can
arrive at different conclusions is entitled to his own opinion as we are entitled to our
own.
Secondary Sources

1. Judicial Precedent:
 The Indian judiciary has interpreted Muslim law in various cases, relying on primary
sources such as legislation, the opinion of jurists, and courts. Judicial interpretations have
helped settle many important legal anomalies.

2. Customs

Customs are practices that people follow continuously for a long period, and in some cases,
they obtain the status of law. Muslim law in India has various customs that regulate the
practices of people.

3. Legislation

Although Muslim law in India is not codified, the parliament has made some laws to regulate
Islamic practices. The Muslim Personal Law (Shariat) Application Act, of 1939, is one such
example that deals with marriage, succession, inheritance, and charities among Muslims.

Who is a Muslim?

A Muslim is someone who follows Islam, and Muslim law applies to both born and converted
Muslims. Muslim law also applies to certain other categories of people such as the Khojas,
Halai Memons, Sunni Bohras of Gujarat, Daoodi, Sulaimani Bohras, and Molesalam Broach
Girasis. If a child is born to a Muslim couple, they will be considered Muslim even if they
choose to visit a Hindu temple. The person will remain Muslim until they renounce their
religion and convert to another one. If a Muslim woman has a child from a Hindu man but
raises the child as a Hindu from the time of their birth, the child will be considered a Hindu.

The right to convert is given under Article 25 of the Constitution of India, which guarantees
every citizen of India the freedom to practice, profess, and propagate their religion. However,
if a Hindu man converts to Islam to marry a second time, he will be punished under Section
494 (bigamy) of the Indian Penal Code, 1860. If a married Muslim man renounces his
religion, his marriage ends immediately. However, this is not the case for Muslim women
who convert. If a Muslim woman converts, her marriage will not come to an end if her
marriage is done according to the rituals of Muslim law unless she is a converted Muslim and
re-embraces her previous religion.

According to Aghnides, a Muslim is (i) one who believes in the mission of Mohammad as
Prophet, (ii) one who says that there is one God and that Mohammad is "His Prophet," or (iii)
one who believes in several other essential beliefs in God and Mohammad. Amir Ali says that
"any person who professes the religion of Islam, in other words, accepts the unity of God and
the prophetic character of Mohammad, is a Muslim."

A person who professes the Muslim religion (Mohammedanism) is a 'Muslim.' A Muslim is

also someone who believes in the oneness of God. Usually, a person becomes a Muslim by
birth to parents who profess Mohammedanism. However, any person of another religion can
become a Muslim by converting to Mohammedanism.

For the application of Muslim Law, Muslims may be categorized under the following two
heads:

1. Muslims by origin; and

2. Muslims by conversion:

i) Converts by profession of Islam; and

ii) Converts by formal ceremonies.

1. Muslims by Origin: A Muslim by origin is someone who believes in (subscribes to) the
basic tenets of Islam, namely:

i) the principle of the unity of God, God is one, and

ii) Mohammad is the Prophet of God.

"Islam" means "peace of submission to God's will." The essence of Islam, or

Mohammedanism, consists of the faith that there is only one God and that Mohammad is His
Prophet.

A person is regarded as a Muslim by birth in the following two cases:

i) if they are born to Muslim parents (if both of their parents are Muslims); and

ii) if one of their parents is a Muslim and they are brought up as a Muslim.

It is immaterial whether the child is legitimate or illegitimate and has faith in Islamic rites and
ceremonies or not. If a man is born a Muslim, the presumption is that he is a Muslim until he
renounces the religion. According to the Shariat, if one of the parents is Muslim, the child is
to be treated as a Muslim. However, in India, it has been held that a child is presumed to
belong to the religion of the father.
A Muslim doesn't need to be so by birth. Islam depends on belief. A man can be Muslim even
by profession or by conversion. According to Shariat, if one of the parents is Muslim, the
child will be Muslim. However, in India, it was held in Skinner v. Orde [(1871) 14 M.I.A.
309] that the child is presumed to belong to the religion of the father.

The facts of this case are interesting to note. In this case, Helen Skinner was married in
Christian form to George Skinner. After the death of her husband, she cohabited with another
Christian. The subsequent husband was already married, and his first wife was alive. To
legalize their union, both went through the ceremony of conversion to the Muslim faith. The
Privy Council held that such a marriage was of doubtful validity.

In Bhaiya Sher Bahadur v. Bhaiya Ganga Baksh Singh [41.1.A.I], the illegitimate son of a
Hindu by a Muslim lady, who was brought up as a Hindu and married to a Hindu girl
according to Hindu rites, was held to be a Hindu.

A person born as a Muslim continues to be Muslim until they renounce Islam after attaining
majority. A court of law is not concerned with peculiarities in belief, orthodoxy, or
heterodoxy.

2. Muslim by Conversion: Conversion is a process by which a person can change their

religion to another by performing formalities or ceremonies prescribed for the conversion.
Muslim converts can fall under two categories: converts by profession of Islam and converts
by formal ceremonies.

i) Coverts by profession of Islam: A non-Muslim can become a Muslim by professing Islam,

which involves acknowledging that there is only one God and Mohammed is His Prophet.
The profession alone is enough to convert, and the motive behind it is immaterial. However,
for the conversion to be valid, it must be genuine and honest. If a convert does not practice
Islam, it will not disqualify them from being a Muslim.

ii) Coverts by formal ceremonies: On the other hand, a non-Muslim can also be converted to
Islam by undergoing the formal ceremonies prescribed under Islam. The ceremonies are very
simple and involve going to a Muslim mosque, where the Imam will ask the person seeking
conversion if they are voluntarily embracing Islam. If they answer affirmatively, they are
given the Kalma to recite. Upon completion of the recitation, the conversion ceremony is
over, and the non-Muslim becomes a Muslim. The Imam will also confer a Muslim name on
the convert, and most mosques maintain registers to record the names and signatures of the
converts.

In the absence of a custom to the contrary, if a Hindu converts to Islam, succession and
inheritance are governed by Mohammedan Law and not by Hindu Law. In such cases, the
property of the Hindu convert would pass on to their Muslim wife and children and not to
their Hindu wife or children because, under Muslim Law, a Hindu cannot succeed to the
estate of a Muslim.

To sum up, a Muslim can be defined as someone who is a born Muslim, who has become a
Muslim by conversion or who simply professes to be a Muslim with the minimum belief that
there is only one God and Mohammed is His Prophet.