There are total eight sources of Muslim Law in which four sources are known as formal or primary sources and rest of four sources are known as informal or secondary sources.
Primary Sources
1. The Quran (Koran)
This is the first primary source of Muslim Law. It is considered the word of God. The word ‘Quran’ is derived from the Arabic word ‘Quarra’ which means ‘to read’. It is a collection of 23 years of revelations of Prophet Mohammad, arranged by Abu Bakar and later revised by Usman. It contains approximately 6000 verses, of which around 200 deal with legal principles such as marriage, inheritance, property, and maintenance. It abolished practices like female infanticide, gambling, and usury, and strengthened the rights of women and minors.
2. The Sunnah (Sunnat)
This is the second primary source of Muslim Law. It includes the sayings, actions, and approvals of Prophet Mohammad, known as Hadis. It is divided into:
• Sunnat-ul-Qual – what the Prophet said
• Sunnat-ul-Fail – what the Prophet did
• Sunnat-ul-Tuqrir – what he approved silently
3. Ijma
Ijma refers to the consensus of learned scholars in the Muslim community. It is recognized as a valid source of law and supported by both the Quran and Sunnah.
4. Qiyas
Qiyas is the method of deriving laws through analogy and interpretation based on the Quran, Sunnah, and Ijma. It is not accepted by the Shia school of thought.
Secondary Sources
1. Legislation
Though most of Muslim Law is uncodified, some parts are codified, such as:
• Shariat Act, 1937
• Dissolution of Muslim Marriage Act, 1939
• Muslim Women Act, 1985
• Muslim Women Act, 2019
2. Customs and Usages
Customs are not considered a primary source but are recognized in practice. They are inferior to Quran, Sunnah, and Ijma but have practical importance in certain cases.
3. Judicial Decisions
Decisions of courts such as the Supreme Court, High Courts, and Privy Council act as precedents and guide future legal cases.
4. Justice, Equity and Good Conscience
This principle is applied when no clear law exists. Judges use fairness, logic, and reasoning to deliver justice based on the situation.
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