* Mulsim Law

*Primary Sources
*Quran *Secondary Sources
*Sunnat or Hadith *Custom or urf
*Ijma *Judicial decisions or
*Qiyas precedents
*Legislation
*Justice, equity and
good conscience
* Primary Sources: The Quran
•The Quran
• Derived from Arabic word Quarra
• Divine Communication by angle Gabriel
• Paramount and universal authority of Muslim Law
• 114 Chapters and 6666 verses
• 200 verses are relating to legal principles
• 80 verses are concerned with marriage, dower ,
divorce and inheritance
 * Primary Sources : The Sunnat or
Hadith
• The Sunnat (Traditions)
• Traditions, practices, deeds of Prophet
• Sunnat
• Sunnat ul fail - Prophet did himself
• Sunnat ul qaul – traditions regarding he
commanded
• Sunnat ul tuqrir – traditions done in presence
of Prophet and he did not
disapprove
 *Primary Sources : The Sunnat or
Hadith
• The Sunnat (Traditions)
• Traditions, practices, deeds of Prophet
• Hadith
• Haadith Mutwatir (universally accepted)
• Haadith Mashoor (limited number of people)
• Haadith Ahad (individual)
 *Primary Sources : Ijma

• The Sunnat (Traditions)

• Traditions, practices, deeds of Prophet
• Ijma – Consensus of opinion
• Kinds of Ijma
• Ijma of companions of the prophet
• Ijma of Jurists
• Ijma of the people
 * Primary Sources : The
Qiyas
• Analogical deductions
• Process by which a particular rule is applied to the
case
• Not accepted by many schools in Muslims as a
source of law
 * Secondary Sources : Urf or Custom

• Not formally recognised as a sources of law

in Muslims
• Requirements of Valid Urf:
• General observation is required
• Territorial
• Immemorial
• Should not be opposed to public policy
• Shariat Act, 1937