Sources of Muslim Law

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Muslim law is a personal law which is applicable only to ‘Muslims’.
In the Indian judicial context, courts apply Muslim law specifically to individuals identifying as Mohammedans in certain specified cases.
Derived from the Quran and other documented teachings of Prophet Muhammad, Muslim law encompasses a set of legal principles and regulations.
In a religious context, 'Islam' signifies the act of submitting to the divine will of 'God' while in a literal sense, 'Islam' denotes the establishment of peace.
Muslims Personal Law covers the matters related to marriage, divorce, succession, inheritance etc.

One of the ideas behind the evolution of ‘Muslim law’ is the idea of fairness, justice, equity, and good conciseness.
These ‘Islamic’ legal doctrines are known as ‘Istihsan’ or ‘Juristic Equity.’
Istihsan: It means law of equity.

1) The Quran

It is the original or primary source of ‘Muslim Law’.
The 'Quran,' revered by Muslims as their sacred scripture, comprises direct revelations from 'God' to 'Prophet Mohammed.'
It is believed that these revelations are conveyed through the archangel Gabriel, acting under the guidance of 'God' to communicate either the exact words of 'God' or indications of knowledge acquired by the 'Prophet' through divine inspiration (Ilham).
This sacred text forms the basis of all Islamic laws, serving as the source from which all tenets, teachings, principles, and practices of 'Islam' emanate.
The 'Quran' encompasses verses of a religious nature and offers guidance on regulating human conduct. As Islam's holy book, it holds the ultimate authority in matters of 'Muslim law.'

2) Sunna (Traditions or Ahadis)

The literal meaning of the term ‘Sunna’ is ‘the trodden path’.
It is the second source of ‘Muslim law’.
Sunna can be defined as the 'path,' encompassing the practices, traditions, and precedents set by Prophet Mohammed.
It is said that where the Quran lacks explicit guidance, the actions and utterances of the Prophet serve as the authoritative source.
This belief stems from the conviction that even the Prophet's words and deeds draw inspiration from God.
The precedents established by the Prophet are known as Hadis, and their legal deductions form the Sunna.
Revelations come in two forms: manifest (Zahir) and internal (Batin).
Manifest revelations, conveyed through the angel Gabriel, constitute the actual words of Allah and are incorporated into the Quran. On the other hand, internal revelations consist of the Prophet's words that weren't transmitted through Gabriel; instead, Allah inspired the ideas expressed by the Prophet.
These internal revelations constitute a part of the Sunna.
It's crucial to note that traditions diverge from the Quran in that the Quran comprises the direct words of God, while the Sunna is conveyed in the language of the Prophet.
‘Sunna’ or traditions consists of:
Sunnat-ul-Qual (Words spoken by Prophet)
Sunnat-ul-Fail (Conduct of Prophet)
Sunnat-ul-Tahrir (Silence by Prophet)

3) Ijma (Consensus)

The Muslim community made a consensus that the words of Muslim jurists will run the religion after the Prophet.
Hence the Quran, Sunna, and Hadis will be interpreted by the Mujtahids (jurists with knowledge of Islam).
Ijma means agreement of the ‘Muslim Jurists’ of a particular age on a particular question of law, in other words, it is the consensus of Jurist’s opinion.

Ijma of Companions: The prevailing view among the Prophet's companions held the utmost authority and could not be overturned or altered.
Ijma of the Jurists: The unanimous decision of the jurists (other than companion) is known as Ijma of Jurists.
Ijma of the people or masses: Opinion of majority that is accepted as law is Ijma of people. But this kind of Ijma has little value.

4) Qiyas (Analogical deductions)

The word ‘Qiyas’ marks its origin from the word ‘Hiaqish’ which means ‘beat together.’
It also means ‘measurement, accord, and equality.’
It was used to establish an analogy between set to similar materials.
In situations where the Quran, Sunna, or Ijma do not explicitly address certain matters, legal principles can be derived by applying analogy, a process known as 'Qiyas.'
The method believes to drag conclusion from existing legal provision rather than new law.
It is not intended to establish entirely new laws. When compared to other legal sources, 'Qiyas' holds a relatively lesser significance in the overall legal framework.
The primary purpose of 'Qiyas' is to expand the scope of existing legal principles to cover cases that are not explicitly covered by the original texts.

1) Legislation

The importance of legislation may be seen in the fact that, on one hand, it establishes rules and procedures through parliament, while on the other hand, it has state-level authority.
Muslim law is uncodified in India, but the Parliament of India has passed several legislations to aid the Muslim community.
Some parts of the legislation were approved by the ‘Hanbali school’ under the names Nizam (Ordinance/Decree), Farmans, and dastarul amals, but they were not connected to personal laws.
The marriage, succession, and inheritance issues are goverened under Muslim Personal Law (Shariat) Application Act, 1937.
The Dissolution of Muslim Marriages Act, 1939 covers the law related to divorce.

2) Judicial decisions – (Precedent)

Judicial precedent are cases already decided by courts which aids judges to apply their decisions on coming related cases.
The principle of stare decisis, applies as judicial precedent.
The precedent refers to the fact that Lower Courts are bound to follow the procedural rules established by higher Courts in previous decisions.

3) Customs

Customs are essentially enduring practices adhered to over an extended duration, eventually acquiring the status of law through their persistent observance.
For a custom to evolve into law, it must be reasonable and devoid of arbitrariness.
Within Muslim law, diverse customs govern the behaviors of individuals. In the absence of a formal 'Islamic law' code in the past, the 'Prophet' and his followers had to resort to conventions to address certain issues.
Muslim jurists stipulate four criteria for a custom to be considered legitimate:
- Regular Repetition: The custom should be consistently and noticeably repeated.
- Universal Applicability: It must be applicable to everyone and possess rationality.
- Consistency with Islamic Texts: It should not contradict any implicit teachings of the Quran or the Sunnah.
- Temporal Relevance: Age is not a strict criterion; a custom does not necessarily have to be ancient to be considered valid.

Chand Patel v. Bismillah Begum (2008):

The Supreme Court ruled that if a ‘Muslim’ man is married to his wife’s sister while still married to his first wife, the marriage will be considered irregular, not unlawful or void.
The court directed Chand Patel to pay maintenance within a period of six months from the date of judgment and the respondent’s legal fees for arguing the case and setting up a landmark judgment.

Shayara Bano v. Union of India (2017):

The SC, in a unanimous decision pronounced on 22nd August 2017, held that the act or practice of ‘Triple Talaq’ to be a violation of Article 14 of the Constitution, a put an end to the practice of divorce through triple talaq.