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Mohammadan Law AQHIL MOHAMMAD
Mohammadan Law AQHIL MOHAMMAD
Mohammadan Law AQHIL MOHAMMAD
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SISAONAS
GNNOADNOVA TWORIOLSIH FHL
1 aHLAVHO2 MOHAMMEDAN LAW
himself declared that it was revealed to him by the angel “Gabrie!"in various
portions and at different times. Its texts are held by Muslims to be decisive as
being the words of God (Kalam allah) transmitted to man through the
Prophet. Besides inculcating religion and theology, the ‘Quran’ contains also
passages which are applicable to jurisprudence, which form the principal basis
of the ‘Sharia.”
The Quran is, Al-furgan, ie, one showing truth from falsehood and right
from wrong, It is in the form of a series of communications addressed by God to
the Prophet. The communications were revealed to the people on a number of
different occasions in the last twenty-three years of the Prophet's life, and
dealt with a great variety of problems, one after another, as they arose.
But whenever the Qurart was silent on any particular matter, guidance was
taken from the ‘Sunnat’, ie. whatever the Prophet had done. said or tacl
lowed; and also to Hadis, ie, to the Prophet's sayings or the narration of
hat was sad or done by him or was in silence upheld by him. All these are
considered by the Muslims to be the supplement to the Quran and are of the
rank, next to Quran,
3. Pre-telamie Arabia—Ayyam-e-jahiliya—This law had no existence
before Mohammad became a Prophet and there was no general law of the races
inhibiting the Arabian Peninsula. Each tribe was governed by its own laws, and
matters in dispute were either referred to the Chief, or decided by an appeal to
the sword. The conduct of the Arabs was regulated by customs. Most of the
customs of the Arab peapie were barbarous and inhuman. Often the parents
buried alive their female child. Uswy, ic, taking a very high interest on the
debis, was common. Gambling was rampant. It was days of superstition and
Detter than that of animals;
chattels of the
‘gamy
was universal, divorce was easy.and female infanticide was comunon. Such was
the condition of the Arabian society in which reforms were introduced by Islam
to bring about a complete transformation of the society. The Arabs themselves
were s0 much conscious of this change, that they began to refer to the period
e-jahiliya, i.e., the period of ignorance or
nableness of a
her wildness or savagery in contrast to the moral reas:
civilised man,
4, History of Islam—A. The Prophet and the advent of Islam.—Prophet
Mohammad was born at Mecca in 571 A.D. The Prophet was a posthumous
returning from Syria, where he had gone for
died at Medina. The Prophet was brought up by his mother
s death, while he was six years old, the Prophet passed
Abdui Muttalib. Two years later the
ss then brought up by
grandfather also died and
After the age of twenty-five
occupied in prayer and meditation. He became a Prophet at the fortieth year of
his age, when he received his first wahi or message from God. From that time
_ BACKGROUND 3
he devoted himself in replanting the only true and ancient religion, professed
by Adam, Noah, Abraham, Moses, Jesus and all the Prophets of the past. In his
endeavours to this end, he met with the most bitter persecution from the
idolators whose faith he attacked. He was abused, spat upon, covered
dust and dragged from the temple of Mecca by the hair of his head: but st
assiduously preserved in his undertaking and ultimately succeeded
-ading his religion over a great portion of the 2
the people of Persia, in advancing his dominion to
‘Oxus and in founding a sect of people that afterwards became the conques
India and are at the present time one of the f not
powerful races of men on the earth,
ht from Mecca.—The
condemnation of the paganism,
rave Mecca and to take refuge
1 years of
1e years of success,
the fullest that has ever crowned one man's endeavaurs, had begun. The Hyjrat
makes a clear division in the story of Prophet's mission which is evident in the
Quran. Till then he had been a preacher only. Henceforth he was the ruler of a
Stato—at first a very small one, which later grew in ten years to be the empire
of Arabia, This absolute supremacy continued
What is Islam?—In the religious sense slam means ‘submission fo the will
of God and in secular sense Islam means the ‘establishment uf peace.” It occurs
eight times in Holy Queart in such verses as
"The (true) religion with Goe is Ish 17) "This day have 1
perfected for you, your religion and completed my favour on you, and chosen for
you Islan as 2 religion.” (V: 3)
The Prophet said, “Purity of speech and hospitality’. A
He said patience and beneficence.’& man said, “© Prophet of God, what is
{the mark of] faith"? The Prophet said, “when thy good werk gives thee
pleasure, and thy evil work grieves thee, thou art a man of faith”
The word Islan is comprehensive one and does not express any associ
with any particular person, people or country. The object of this religion is t9
create a sense of obedience and subm redinances and thereby
J what is faith?
Islam—Its significance-—The Islan is forsned
signifies, to be tranquilled at resi: to have done one's duty; to have paid up fo
be at perfect peace, and finally to surrender oneself to hiss with ewhorm peat
made. The noun derived from it fe, fl sing, safety and
‘The teachings of Islam—Prophet Mol
straight natural law for man to follow.
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M7 NVaIAWYHON »CHAPTER 2
CONCEPTION, ORIGIN AND DEVELOPMENT OF MUSLIM
LAW
synopsis
' 6 Shatlat—Moaning of
2 fem compared with 7, Religious junctions
8
3 9. Difference between Shariat_ and
4 Fat
5 10, Devel im Lae
1. Muslim Conception af Law.—There are mainly two different conceptions
of law, one of divine origin as is the case with the Hindu law, Islamic law etc.
and another man-made. wed upon revel:
‘Human beings due to their weaknes
what is good and ev the matter they are guided by the inspired
Prophet. What is moral
fe. That is law of Shariat and nothing else can be law. This
Muslim jurists, In the words of Abdul Rahim, law (Hukum) is
that which is established by a communication from God with referenice to men’s
acts expressive either of demand or indifference on his part or being merely
declaratory. There are certain important questions. These questions cannot be
answered by human beings. The answer of these questions s given in the Quran
dnd in the Hadith. If there is nothing either in the Quran or in the Hadith to
answer 9 particular question then the dictates of secular reason has to be
observed
Shariat is Ia lity of AU
commandment. Each one of such commandments is called hukum. Iisa doct
‘of duties, Legal considerations and individual rights have secondary place in
it. Shariat says that religious injunctions are of five kinds, al-chkam all-
Kiamsa. ‘Those strictly enjoined are forz and those strictly forbidden are
Ihara, There are two more categories which a Muslim is advised to do and
things which a Muslim is advised to refrain (makrul) and finally there are
things about which religion is indifferent. Thus the Shariat is totalitarian; a
human activity is embraced in its sovereign domain?
is the view
cans intelligence and covers the whole science of jurisprudence. It imy
as regards points of law in the absence of
their solution by the Quran or Hadith, Figh, has been defined by the Muslim
jurists as the knowledge of one’s right and obligation derived from Quran or
Hadith or deduced therefrom, or about which the learned have agreed. In the
words of Abdur Rahim, Shariat means, matters which would not have been
1 Fysse: Outlines of Mohammadan Lav
\ AND DEVELOPMENT OF MUSLIM LAW 7
known but for the communication macte to us by lawgivers? The path of Shariat
is laid down by God and His apostle (Prophet Mohammad) whereas figh is the
Fesult of human endeavour. Figh signifies the science of law; and Shariat is the
Eivinely ordained path of rectitude. Shaviat is the wider circle and embraces
Sil harman activities; figh is the narrower one, and deals with the legal acts. It
ie however, very difficult to make a sharp distinction between the two terms
fs the law in [slam is s0 intermixed that even ap lar act which is in
accordance with texts gets rel
practice both terms are used synonymous
Whether in the Shariat oF in the fig,
hilah by confirming to an ideally perfect code.
and Figh, is connected with religion.
udence are as follows
Islamic conception of law,
Thus the postulates of Mu
1, The first postulate is
authority over our actions.
th in God and acknowledgment of His
2. The second is the belief in the prophethood of Mohammad.
God alone is the legislator in Islan: and Q)
authority to make laws primarily belongs to God
legislative power in the Islamic system, Eversince the days of Adam God has
promulgated His laws on this earth fr me through His messengers
(Rasiil) and pri
community the
is the Holy law book. The
1e Mujlakids (or
intended are
h derived from the
“othe Mohammedan,
powers to the jurists acting in a body. Su
Divine Legislator are practically unli
religion dees not admit the possibility of f ation after the death of
the Prophet, the principle of legislation by jurists act
may be regarded as the only authority of legislation now avai
Mohammedan system. In this system, the legal rules are so deeply connected
with the moral and religious rules that it is difficult to separate them. In the
words of Mr. Justice Mahmood “Hindu and Mohammedan Law are so intimately
connected with religion that they cannot readily be dissevered from it" >
2, Muslim Legal System compared with other system.—The Muslim Legat
system differs from other modern systems, in the sense that it purports t
its sole source of Divine Will communicated, on its final form, through a single
human channel. The Mosaic Law comes nearest to it in this respect, but whereas
the Jew speaks of “the law and the prophets”; Muslims acknowledge no divine
inspiration subsequent to Mohammad, while helding all previous revelations,
however genuine and important in their days, to have been absolutely merged
in his revelation.
of Muhammadan Jurisprudence. p50
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