MODULE 3

L.PRAGADI
132002097
MUSLIMS – SHIA AND SUNNI
• Established by prophet Mohammad
• Shariat act, 1937
• Dissolution of Muslim Marriage Act, 1939
WHO IS A MUSLIM?
• The term Muslim means submission.
• A Muslim is a person who follows Islam.
• Muslim law applies to a born Muslim or a person who is a
convert Muslim.
• Reconverts
SOURCES OF MUSLIM LAW
• PRIMARY SOURCES
Quran
Hadeeths/ traditions of prophets
Ijma
Qiyas
• SECONDARY SOURCES
Urf/ Tammul
Legislations
Judicial precedents
Fatwas
Work of scholors
QURAN
• Primary and fundamental source of ISLAM
• Ayats/ 6237 verses
• Regarded as Al-Furqan- something that shows the truth from falsehood
and right from wrong
• ‘QURRA’ means the reading in Arabic
• The word of God revealed to prophet mohammad by the Angel Gabriel
• 3rd caliph Usman wrote the quran which is the present version of it and
burnt all the existing parts written by people.
• QURAN is accepted by both the muslims
HADEETHS/ TRADITION OF THE PROPHET
• Traditions of the prophets is known as the SUNNAH
• TRODDEN PATH
• Following the saying and actions of the prophet outside the
spiritual words.
• Hadeeths are the completion of Sunnah.
• Shia muslims only follow the traditions of prophet
mohammad.
• When quran is silent, hadeeths is the next source
• Hadeeths were only in oral, it wasn’t in written form and after
so many years of prophet mohammad’s death. DOUBT ABOUT
THE CREDIBLITY .
IJMA
• Unanimous opinions or decisions of the scholor
• View of the learned people
• No specific timings or era
• When no clearcut idea in both quran and hadeeths, Ijma is used and
scholars in law will decide
QIYAS

•Analogical deduction
•The scholars will analyze and compare
the present problem to the similar
problem in the texts and get the answer
• The Hanafi school of thought very strongly
supports Qiyas
URF / TAMMUL
• CUSTOMS
• Customary law governed Arabia before Islam.
• Prophet Mohammad abolished many customs but accepted some
CUSTOMS CONDITIONS
• A custom must be in existence from time immemorial
• A custom must be practiced without interruption; continuity is an
essential feature of the custom.
• custom must have been enjoyed peacefully by the concerned people.
• Custom must be certain. NO VAGUENESS
• The customs must be in consistency with other custom. 
• Custom should not be against the statute law, or the moral.
• Reasonable one
BURDEN OF PROOF LIES ON THE PERSON, WHO WANTS
THE CUSTOM
Legislations
• the Muslim Personal Law (Shariat) Application Act, 1937
• The Dissolution of Muslim Marriages Act, 1939 
• MUSLIM WOMEN PROTECTION OF RIGHTS ON DIVORCE
ACT, 1939
• COMMON ACTS TOO
JUDICIAL DECISIONS
• PRECEDENTS
• ARTICLE 141
• Privy council
• SC
• HC
FATWAS
• EDUCATED PEOPLE’S OPINION
• Expert in religious laws
WORK OF SCHOLARS
Eminent people, who have researched in islam
SUNNI SCHOOLS

•HANAFIE
•SHAFFIE
•HANABALI
•MALIKI
SHIA MUSLIMS
• Ithna asharis
• The ismailis
• Zaidy
Other schools

•Ibadi
•Ahmadiya
HANAFI
• Sirajiyya books of hanfi school
• Most popular and first school
• In india, majority are from hanfi school, unless they prove
• Founded by Abu Hanafee
• 2 disciples coded
• Imam abu yusuf
• Imam Mohammad from ijma
Concept of marriage- LEGAL CONCEPT
• A civil contract
• Legitimate contract for sexual intercourse, co-habitation, and
procreation
• Section 2(1)(f) of Muslim women Protection of rights and divorce
act, 1986
Defines NIKAH as
A solemn pact, soliciting each other’s life companionship
Eyes of law, a contract. DOWER is the consideration
SOCIAL CONCEPT
• A social duty or the obligation
• A way to protect the society from unchastity and foulness
• A moral safeguard
• A social need
RELIGIOUS CONCEPT
• A religious requirement
• Prophet
When a man marries, he has fulfilled half the religious duty, so let him
fear allah regarding the remaining life
CONDITIONS FOR A VALID MARRIAGE
• Offer- IJAB and acceptance- QUBOOL
• Witness- 2 male witnesses
• Capacity mental and psychical capacity for marriage
• Legal age, if there is a free consent
• Mahr- Dower
• Consent
• 4 spouses maximum
• Consent of Wali- the guardian or the father
TYPES OF MARRIAGE
• Beena marriage
Pre isla