CENTRAL UNIVERSITY OF SOUTH BIHAR

PROJECT-TOPIC

“Different Schools of Muslim Law”

Critical study with reference to acceptability of the same in today’s

Indian Society

Submitted To Course Instructor Submitted By Student

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 ACKNOWLEDGEMENT
At this point of time I would like to express my gratitude to all those who gave me their
support to complete this project.

I am grateful to my Muslim Law teacher who is Dr. Deo Narayan Singh, for giving me
permission to commence this project in the first instance and to do necessary study and
research. I want to thank law faculty members and other faculty members for all their
professional advice, value added time, effort and enterprise help, support, interest and
valuable hints that encouraged me to go ahead with my project.

I am deeply indebted to my colleagues for their meticulous planning, layout, presentation

and above all for their consideration and time.

My heartfelt appreciation also goes to seniors and my classmate for their stimulating
suggestions and encouragement which helped me at each level of my research and in
writing of this project.

Especially, I would like to give my special thanks to my parents, family members and
god whose patient love enabled me to complete this project.

I have tried my best to enclose practical approach of Muslim laws and also theoretical
approach to my project.

(Signature of the Student)

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 PREFACE
The objective of the project was to study the Different Schools of Muslim Law. The
objective of the study was to critically examine the acceptability of the same in today’s
Indian society.

The project was started on 4th of October 2018 after knowing relevant information
regarding the project, under the guidance of my Muslim Law teacher Dr. Deo Narayan
Singh.

The first part of my project involves the study of “Different schools of Muslim law”, and
its relevant Sections and Case Laws. For this I used books as a primary source and
secondary source are reports of various commissions, journals.

Since, the next part of my project involves the study of “the applicability of the same
schools”. For this I used books as a primary source and a secondary sourceare reports of
various commissions, journals.

Most important part of my project was analysing the information with regard to Indian
Society.

RishabhKumar(Signature of the Student)

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 ABSTRACT

This project deals with different schools of Muslim or Islamic Law with a critical analysis of
the same in with its applicability in India. In this project I have also discussed about various
sects of Islam in India, including its origin.
Islam in India has had a fascinating, and powerful impact. Indeed, Islam has become woven
into the very fabric of Indian civilization and culture. Muslims arrived in India during the life
of Muhammad the Prophet, establishing mosques and organizing missionary endeavours in
the seventh century C.E. Those missionary efforts proved successful, rooting Islam firmly
into Indian life. As often happens with missionary movements from all religions, merchant
and trade endeavours went hand in hand with missionary work. Arabs had had a presence in
India before the birth of Muhammad. That probably facilitated making inroads for Islam,
since Arab traders established in India who converted to Islam already had a base of
operations established. in the phenomenally diverse religious and cultural landscape of India.

Islam in India had the unique experience of having to coexist with other religions. Hinduism,
Jainism and Buddhism all had their origins in India.

So, in this project I have discussed about the sources and different schools of Islam or
Muslim with its critical analysis in today’s Indian society.

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 Introduction

"Difference of opinion among my community is a sign of the bounty of God."

Prophet Muhammad (pbuh)

Islamic law can be quite daunting for researchers and locating materials can be impossible for
the uninitiated. There are many detailed research guides available which provide comprehensive
descriptions of materials that cover all aspects of Islamic law. The purpose of this article is to
provide a simple introduction to researching Islamic law, with suggestions of useful and notable
resources.

Muslim law in India is a personal law. Personal law is that law which regulates the ‘personal
matters’ of a being such as marriage, divorce, guardianship, inheritance etc. they relate to those
relationships which usually have an effect on their own personality. An individual personality is
affected by the family in which such individual is born and is brought up. The personal matters
are also called as ‘family matters’. The matters related to family status and the family properties
are commonly based on religion. The personal laws of individuals are known by the name of
their respective religion e.g., the Hindu law or the Muslim law in India.

During the lifetime of Prophet Mohammed, there were no schools of Muslim Law and the
Principles of Muslim Law were uniform at that time. After the death of the Prophet Mohammed,
the question of succession to prophet arose. There were two conflicting views/opinions among
Arabs. One group supported election method/principle, while the other group supported the
principle of inheritance. According to the first view(i.e., election method) , the successor to
Prophet Mohammed should be elected by the Muslim Community. The other view (i.e., the
principle of inheritance) the legal heir of the Prophet Mohammed should succeed. The members
of the first group, who supported the Election principle method came to be known as ‘Sunnis’.
While the other group, who supported the principle of inheritance came to be known as ‘Shias’ 1.

Para Diwan : Muslim Law in modern India

1

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Thus, there are two main Schools of Muslim Law namely –i) Sunni School, and ii) Shia School.
Both sects are subdivided into various schools.
Islamic law and what it means to be a practising Muslim has changed and developed over
centuries of thinking. Following the death of the prophet Muhammad, there have always been
differences of opinion in how best to understand the message of God.

Different interpretations on what Islamic law should be, is reflected in the diverse range of
schools of thought or ways of studying and practising Islam.

The common factor among the different groups is the Quran and the recorded sayings and
actions of the Prophet (peace and blessings upon him) - Sunnah - as sources of information and
guidance. Within Sunni and Shia Islam there are six main schools of Islamic law - fiqh:

The political rift between followers of the principle of election and those favouring descent from
the Prophet, generated some other differences between Sunni and Shia approaches to
jurisprudence. For example, the Shia view the sayings of Fatima, the daughter of the Prophet,
and his cousin Ali (Fatima's husband), the fourth khalifa of the Islam, as equally authoritative as
the Sunna of the Prophet. The Sunni do not. There are other differences involving the structure of
Islam, such as existence of an organized Shia clergy, which does not exist in the Sunni tradition.
Among them the Shia allow the imam much wider latitude in government than the Sunni ever
could in light of the principles of consensus and equality2. The most important of all differences
between Sunni and Shia relates to the interpretation of the Qur'an. The Sunni look more to the
letter of the Qur'an; the Shia look more to its spirit. Thus the Shia religious hierarchy plays a
determining role in interpreting the Qur'an. This role reinforces their spiritual and temporal
influence in Shia society.

Tahir Mahmood : Muslim Law in India

2

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 Schools Of Muslim Law
Sunni and Shia are the two main sects in Islam. A minority known as Ibadi, who are neither
Sunni nor Shia, are prevalent in some parts of Arabian sub continent 3.

On matters concerning which no explicit command of Allah nor any authority of the Prophet to
be found, when great scholars in different area decided on their own Quiyas, the usual
differences of opinion and difference in the interpretation that each of them had their own
explanation and reasons, they gave rise to different schools or codes of law. Such differences of
opinion sometimes caused conflicting judgments 4. For example, it is the law according to Qur-an
and Sunna that a wife entitled to maintenance from her husband. But whether a decree can be
passed for recovery of past maintenance, the Hanafi School says that it is wrong to decree past
maintenance which is lapsed by not claiming in time. But according to Shaffie School a wife is
entitled to recover past maintenance as dues from husband and his property. Both schools have
their own reasons and arguments for their opinion.

In these circumstances the Muslim world universally accepted all schools as right path and come
to the point that to follow any one school as all are in right paths. In all these schools or codes of
law there is no error or difference in law as to the meaning of Qur-an and Sunna. There is no
difference as to the basic belief of Islam and Islamic way of life. They are not separate sects,
parties or casts. One school is not higher or lower than the other and each school is respecting
other schools. All are uniting in the matters of faith worship and prayer. It is like to choose one
line to travel in four line traffic as we cannot drive through all lines at a time.

There are four important schools of law among Sunni. They are Hanafi, Maliki, Shaffie and
Hanbali. The three importance schools of law among Shia are Isna ashari, Ismaili and Zaidya.

Mohammed Mezziane, SodomieetMasculinité Chez les JuristesMusulmans du IXe au XIe Siècle, 55 ARABICA
3

276, 278 (2008).

Ashaf Ali asghar Fyzee : outlines of Muslim Law in India
4

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 SUNNI SCHOOL

The full name of the Sunni branch is Ahl al-Sunna wa al-Jama’ah. Abu Bakr, the Prophet’s close
friend and father-in-law, was the first Caliph. Sunnis initially believed that the position of Caliph
should be democratically chosen, but after the first four Rightly Guided Calliphs, the position
turned into a hereditary dynastic rule. After the fall of the Ottoman Empire in 1923, there has
never been another Caliph5. According to sources, present estimates indicate that approximately
85% of the world’s Muslims are Sunni and approximately 15% are Shia. There were various
interpretations by the jurists and thus many schools came up. Sunnis recognize four madhhabs
(legal traditions): Maliki, Shafei, Hanafi, and Hanbali as of now. These schools are similar and
differ mostly on the details. Although a number of other jurists also became popular during their
times, only the above four are now recognised by the vast majority of Sunni Muslims. These four
great jurists and theologians tried to systemise the Islamic law into a comprehensive rational
system which covered all possible legal situations. The four prominent schools of Islamic law are
named after their founders and are called the Hanafiyya, the Malikiyya, the Shafiyya,and the
Hanbaliyya schools of religious law6. Most Muslims regard these four schools as equally valid
interpretations of the religious law of Islam. These schools are in good agreement on all essential
aspects of the religion of Islam. They all acknowledge the authority of the Holy Qur’an and the
Traditions as the ultimate source of the Islamic law. Only in areas and situations where these two
sources are silent, do the four schools use their independent reasoning in which they may differ
with each other.
1. Hanafi School
It is the first and most popular school in Muslim law. Earlier it was known as Koofa School. The
city of Koofa in Iraq was then the capital Khilafath. Subsequently it become popular in the name
Hanafee which derived from the name of Abu Haneefa who was the founder of this school.

As the Prophet himself prohibited writing and preserving of his words and traditions, and on
question where Qur-an does not provided explicit commands, the Hanafee method was to relay
on customs and precedents of the Muslim community as the tradition of the Prophet. Thus

Most of Islamic scholars relate the parable of Lūt: An Islamic Criminal Law Approach
5

Aquil Ahamad : Mohhamdan Law

6

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Hanafee School was codifying the precedents which were prevalent among Muslim in that
period.

There is no book written by Imam Abu Haneefa, the founder of this school who lived AD 699 to
767 (died in Hijra 150)7. This school grown through his two disciples Imam Muhammed and
Imam Abu Yousuf popularly known as Shaihaini Imam Abu Yousuf was the chief Judge of Iraq
and Imam Muhammed al Shaibani was the author of books of importance. They were codifying
Ijma’a of that period giving much importance to lsthihsan (Juristic preference) and placing little
reliance on Hadis8.

By the encouragement from the part of Abbasid Khilafath, this school became the widely spread
school among Muslim. Majority of Muslims of India, Pakistan, Bangladesh, central Asia, Syria
and Turkey are the followers of this School. Above 95% of Indian Muslim are following Hanafi
law. Hence in India if litigated as Sunni, the courts will normally decide them according to
Hanafi law unless otherwise specifically mentioned in the suit.

The most authoritative Book on Hanafi law is the Hedaya it is written by Burhan–u-dheen, Ali
bin Abu Baker al Marghinani. He is said to have spend thirteen years in compiling the Hedaya.
He died in Hijra 593 (AD 1196) It contains law on almost all subjects except law of inheritance.
In 1770, Lord Warren Hastings, Governor General of India, empowered a number of Muslim
scholars to translate the Hedaya from English to Persian and then from Persian to English under
the head of Lord Hamilton. Mr.Hamilton’s translation of the Hedaya, published in 1774 is the
authoritative text book on Hanafi Code in almost all Universities of the world 9.

Fatwa-e-Alamgiri is a digest of cases compiled under the order of Emperor Aurangazed Alamgir.
Fatwa means judicial decisions and Alamgir is the official name of Mugal Emperor. It has great
authority in India. Mr.Neil.B.E.Baillie paraphrased major portion of the Fatwa–e-Alamgiri and
published it in London in 1865 in the name Digest of Moohummudan Law part I.

Aquil Ahamad : Mohhamdan Law

7

Duran 182
8

Ibid 182
9

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The authoritative book on Hanafi law of inheritance is Sirajiyya written by sheikh Sirajddin. It
was first translated to English in 1792 by Sir William Jones and subsequently annotated by
Ramsey.

Dur-ul Mukhthar is a commentary on the Thanvir-ul-absar of Sheikh Shamsudin Muhammed bin

Abulla Al Ghazzia (AD 1586). It was written by Muhammad Alavudin bin sheikh Ali al Hiskafi
in A D 1660. It is a work of great authority and is full of important decisions. Mr.B.M Dayal
translated it in to English and published in 1913. I have compiled this work mainly based on the
above four books.

2. Maliki School
This school derived it name from Malik–bin- Anas who was the Mufthi of Madeena. His period
was from AD 713 to 795 (Hijra 179) 10. During this period the capital of Muslim Khaleefa was at
Koofa where Imam Abu Hanifa and his disciples flourished with Hanafi School. When the
disciples of Imam of Abu Haneefa codified their law based on Ijma’a and lsthihsan, Imam Malik
at Madeena, the city of the Prophet codified Sunna and Hadis on the permission given by
Khaleefa Umer-bin Abul Aziz. Imam Malik collected about 8000 traditions of the Prophet. He
testified and compiled only about 2000 out of these traditions. He codified it in subject wise in
his Book Mu-atha which was the first and most authoritative book of Hadis 11

When Hanafi School gave importance to Ijma’a of the people and lsthihsan (Juristic preference)
the Maliki School was giving importance to Sunna and Hadis. Maliki law is based on Sunna.
They accept Ijma’a only in rare cases and they will accept Ijma’a of the scholars of Madeena
alone. As he gave Fatwa challenging the sovereign authority of Khaleefa, he faced enmity and of
lack of support from Muslim governments. Thus this school did not get much popularity and
now they predominate only in North and West Africa.

Though there are no followers of Maliki School in India, when Dissolution of Muslim Marriages
Act 1939 was enacted, some provisions for it were taken from Maliki law because it was giving
more rights and freedom for women in the law marriage and divorce. In Hanafi law, a woman

Ashaf Ali asghar Fyzee : outlines of Muslim Law in India

10

See ABDELWAHAB BOUHDIBA, SEXUALITY IN ISLAM 17–18 (Alan Sheridan transl., 2012).
11

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has to wait seven years to dissolve her marriage if whereabouts of husband is not known. But the
period is only two years in Maliki law thus in Dissolution of Muslim Marriage Act, this Maliki
Provision accepted as the law.

The most authoritative Book on Maliki School is Mu-atha of Imam Malik which is the first book
on Hadis in Islam. Thus it is accepted as authority by the whole Muslim world. I have seldom
quoted from Mu-watha in this work.

3. Shaffie School
This school is known in the name of Muhammad bin Idris Shaffie whose period was from AD
767 to 820. He was a student of Imam Malik at Madeena and later he went to Koofa and worked
with the disciples of Imam Abu Haneefa.

His conceived the idea of harmonizing the two schools Hanafi and Maliki on a friendly manner.
Imam Shaffie is considered as the greatest jurist of Islam. He is the creator of the classical theory
of Islamic Jurisprudence.

Shaffie established Ijma‘a as an important source of Muslim law and gave validity to custom of
the people of Islam following more to the method of Hanafi school. Quiyas or analogy is the
contribution of Imam Shaffie to Muslim law.

The only authoritative book of Islamic jurisprudence is Al-Risala of Imam Shaffie. He discussed
the science of Islamic law and interpretation such as Ijma’a (Consensus), Quiyas (Analogy),
Ijthihad (Personal reasoning) Isthihsan (Juristic preference) and Ikhthilaf (Disagreement) in
separate chapter in his book Risala. His other book Al-Umm is the authority on Fiqh (science of
way of life).

Minhaj–al–Talibin of Imam Navavi is the authority on Shaffie law. I have used these two books,
Al-Risala and Minhaj–al-Talibin in compilation of this work.

There are followers of Shafie School in Egypt, Southern Arabia, South East Asia, Indonesia and
Malaysia. Muslims of Malabar (west coast of Indian peninsula) are followers of Shaffie School.

4. Hanbali School

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This is the last formed school of Sunni Muslim law. Ahmad bin Hanbal died in Hijra 241 (A D
855) was the founder of this school. He was a disciple of Imam Shaffie and strong supporter of
Hadis12. He opposed the method of Ijthihad (personal reasoning) explained by Imam Shaffie.
And instead he formed a theory of tracing root (usool) of Sunna or Hadis to get the answer. His
theory was to return to the Sunna of the Prophet. So he collected about 80,000 Hadis and
codified them in his Book ‘Musnath’. It is said that when Imamm Shafie left Baghdad, he
declared that he had not left behind him a better jurist and pious man than Ahmad bin Hanbal.
The followers of Hanbali school found in Syria, Phalastine and Saudi Arabia. When religious
reforms were made in Saudi Arabia in 18th century on the inspiration of Abdul Wahab, they
accepted Hanbali school and now in Kingdom of Saudi Arabia (Mamlukiyathu ssuoodi al
Arabiyya) where two Harams, Makka and Madeena situate, they are generally following Hanbali
school of law.

Shia Schools

The Arabic word Shia literally translates into the word ‘supporters’ or ‘followers’. Shia Muslims
believe that Ali was appointed by Muhammad to be the direct successor and leader of the
Muslim community and thus regard him as the first Imam 13. Initially, they were known as Shiat-
ul-Ali (the supporters of Ali). The majority of Shia Muslims believe in a total of twelve Imams.
Imam is the final interpreter and he is the leader by divine right and not by election. The twelfth
Imam is believed to have vanished and is awaited to appear at a pre-determined time. Shia
Muslims believe that Mohammad’s family were the best source of knowledge about the Quran,
Islam, and the best-qualified teachers of Islam after Mohammad, and the most trusted carriers
and protectors of Muhammad’s Sunna. Thus, Shias reject the rule of the initial three Sunni
Caliphs the same way as the Sunnis reject the Imamate of the Shia Imams. Shia scholars have a
larger authority than Sunni scholars and have greater room for interpretation.

Imam Jafar as Sadik, the Sixth Imam of Imamias founded the Shia School (and hence, the Shia
School is earlier than the Sunni School). After the Sunnis, the Shias consist of the next largest

AbdessamadDialmy, Sexuality and Islam, 15 EUR. J. CONTRACEPTION & REPROD. HEALTH CARE
12

Aquil Ahamad : Mohhamdan Law

13

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group of Muslims in India. The Shias do no accept any tradition 14. According to them, the Imam
is the final interpreter of the law. The Shia Schools are sub-divided into three as follows: i) The
Ismailias ii) Athna Asharias or Immamia; and iii) The Zaidyas. i) The Ismailiyas :- After the
death of Jafar, minority of Shias followed his elder son, Ismail, and hence, they came to be
known as ‘Ismailias.’ Originally, the Ismaili School prevailed in Egypt.In India, Ismailis are
divide into two groups namely a) the Khojas; and b) the Bohoras (known as Eastern Ismailis and
Western Ismailis respectively).

Among Shia sect, there are three important schools of law. They are Isna Ashari or Ja-afari,
Ismaili and Zayadi. Shia sect is a minority in the Muslim world. They have political power only
in Iran though they were not a majority in that state also. In India, they are microscopic minority.

As this compilation is only Sunni law, I have omitted detailed introductory disclosure on various
schools of Shia law.

Ibadi

Ibadi is a school which neither come under Sunni nor Shia sect. They claims history from the
time of the 4th Khaleefa Ali. Their method is giving more importance to Qur-an and least
consideration to Sunna. They are giving principal importance to Ijthihad or personal reasoning
which are partially admitted by Sunni’s and totally rejected by Shia. The followers of this school
found mainly in Oman15.

Although most Shiites agree on the basic premise that Ali was the first rightful imam, they
disagree on his successors. The Ismailis, who are the second largest Shiite sect, broke off in the
eighth century, recognizing only the first seven imams (the seventh was named Ismail, hence the
names “Ismaili” and “Sevener”). Historically and at least until the sixteenth century, the Ismailis
were far more disposed than the Twelvers to pursuing military and territorial power. In the past,
they established powerful ruling states, which played significant roles in the development of
Islamic history. Today, Ismailis are scattered throughout the world but are prominent in

Fathi ‘Uthmán
14

Zina, according to all Schools, is one of the six huddud offenses (the plural form of hadd). Hadd literally means
15

“limit” or “prohibition
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Afghanistan (under the Naderi clan), in India, and in Pakistan. There are also Ismaili
communities in East and South Africa.

Ahmadiya

Ahmadiya is a recently originated religion claiming to be Muslim but not the true followers of
Prophet Muhammed and thus they are not Mohammedan, but Ahmadiya as the follower one
Ahmed who lived in the 19th century A.D.16

This is the most recent sect of Muslims. The founder of this religion was a certain Mirza Ghulam
Ahmad Khadiani who died in 1908. This religion is said to be a British Indian origin. The said
Ghulam Ahmed was a servant of the British Government. Though they are claiming as Muslims,
none of the Muslim governments are accepting them as Muslim because their faith is totally
against Muhammedan belief.

The said Ghulam Ahmed is claming on the same time as a Prophet after Prophet Muhammed, the
reincarnation of Jesus Christ and the predicted Mahadi of Muslim belief. The village Khadiyan
of Punjab in India, the birth place of the said Ahmed is their holy place and thus they are also
called as Khadiyani.

As these religion is of recent origin the authoritative books of Islam has no mention about them.

But they are also claiming as Muslim and hence the matter came before the consideration of our
courts. They first quoted by the High Court of Madras in 1923. In its judgment, the court
differentiated Ahmadiya from Muslims in six points which are stated as follows.

1. While both parties believe that God has been speaking to his Prophets in the past, the non
Ahmadiya hold that Mohammad was the last Prophet with whom God spoke and since then he
h17as not spoken to and will not speak to any until the end of time. The Ahmadiyas on the other
hand believe that God continues to hold communication with his holy servants now as in the past

MOHAMED S. EL-AWA, PUNISHMENT IN ISLAMIC LAW: A COMPARATIVE PERSPECTIVE

16

FidaSanjakdar, Society and Learning

17

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2. While both sides accept that Mohammed was ‘Khatmun Nabiyyin’ (the seal of the
Prophethood) they differ as to interpretation. Ahmadiyas say that it means that no new Prophet
can arise except as a follower of Muhammed and bearing his seal and not that no new Prophet
can arise at all as the Non Ahmadiyas hold.

3.Ahmadiyas admit into the list of Prophet before Mohammed world teachers such as Zoroaster,
Buddha, Krishna and Ramachandra and this they say is according to the Qur-an. But Non
Ahmadiyas refuse to acknowledge them as the Prophet18. Off course Ahmadiyas hold that
Ahmed was himself a Prophet of God but, unlike the earlier Prophets, he got his Prophethood
through Muhammed who was made a Prophet-maker by God.

4. Ahmadiyas believe that Jesus Christ was actually crucified, but he did not die on the cross. He
came out alive and went to Kashmir and died and is buried there. Where as the Non Ahmadiyas
hold that Jesus Christ was bodily carried away to heaven by God before crucification. The
Ahmadiyas think that the prophecy of the second advent of Jesus Christ is to be fulfilled not by
Jesus coming back in person but by his spirit entering another man and they believe this has been
fulfilled by the advent of Ahmed himself.

5. While the Non Ahmadiyas believe that the predicted Mahdi will carry on a holy war or Jihad
and spread Islam by the sword. Ahmadiyas repudiate this doctrine and holed the promised Mahdi
and the Messiah are the same and that he will spread Islam by argument and heavenly signs and
not by violence. They accept Ahmed as that Messiah19.

6. Ahmadiyas deny the claim of the sultan of Turkey to the Caliphate and hold that every Muslim
is bound to remain loyal to the Government under which he believes and which protects him.

If the above said are the difference between Ahmadiya and other Muslim, then it is evident that
they will not come under the class of Muslim merely because of their faith in unity of God.

See Deuraseh, supra note 27, 98–99.

18

SAYYID HASHIM AL-MUSAWI, MANHAJUL-FIQHIL-ISLAMI: A COURSE IN THE ISLAMIC JURISPRUDENCE 21–22

19

(1997).
Page 15 of 18
It was the irony that the followers of Ahmediya who discarded Islamic Khilafath in loyalty
towards British Government later established Ahmadiya khilafath in London under the shadow
of British Government and celebrated its centenary in 2008.

The whole Muslim community in the world treated Ahmediya as non Muslim. But the
Ahmadiyas are treated in India as a separate sect among Muslims. There is a ruling of the Kerala
High Court by Justice V.R Krishnayyar in Shihabudin Imbichi Koya Vs Ahmed Koya that, a
person cannot be considered as apostate of Islam by accepting the faith of Ahmadiya.

The Ahmadiya have millions of followers in India, Pakisthan, South East Asia, and in some part
of Africa. They have thousands of followers and a number of places of worship in Kerala also.

THE ITNA ASHARIA

It is also called Imamia and majority of Shias belong to this school. The followers believe that
from Ali onwards, there have been 12 Imams who possessed spiritual powers. They believe that
the 12th Imam who disappeared as a child will re-appear in the future. They believe in Muta
marriage-temporary marriage. They are further split into Akbari and the Usuli who follow the
traditions very rigidly and believe in the interpretations to work out practical problems
respectively. They can be found in Iran, Iraq, Lebnon and India. Shari-ul-Islam is one of their
authoritative texts.

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 Conclusion

If the Muslim personal law has to be applied in a court of law, first the sect of the parties will be
looked into as each sect has its own book of authority that may not be binding on other sects. The
second step is to ascertain the sub-sect of the parties so that specific law will be applied to them.
If the parties belong to different schools, the defendant’s school is applied. In matrimonial
matters, if the parties belong to different school or sects, the laws of that school/sect will be
applied under which the marriage was performed and solemnized. In India, it will generally be
presumed that the parties are Hanafis unless they prove otherwise and the burden of proof lies on
the person who claims that they don’t belong to this school. The reason for this presumption is
that the majority of the Muslims in India are Sunnis and in particular, Hanafis. Every Muslim
who has attained the age of puberty can change his sect or school to one of his liking. From the
instance of adopting another sect or school, the laws of the new sect or school will apply to the
person.

Sunnis do not have formal clergy, just scholars and jurists, who may offer non-binding opinions.
Shias believe that their supreme Imam is a fully spiritual guide, inheriting some of Mohammad’s
inspiration (light). Their Imams are believed to be inerrant interpreters of law and tradition.
The Muslim Personal Law (Shariat) Application Act, 1937" governs Muslims in India [2] It
directs the application of Muslim Personal Law to Muslims in marriage, mahr (dower), divorce,
maintenance, gifts, waqf, wills and inheritance.[3] The courts generally apply the
Hanafi Sunni law, with exceptions made only for those areas where Shia law differs substantially
from Sunni practice.

Although the Indian constitution provides equal rights to all citizens irrespective of their religion,
Article 44 recommends a Uniform civil code. The attempts by successive political leadership in
the country to integrate Indian society under common civil code has been strongly resisted,
Indian Muslims viewing that as an attempt to dilute the cultural identity of the minority groups of
the country.

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 BIBLIOGRAPHY

1) Parad Diwan : Muslim Law In Modern India, 1977

2) Tahir Mahmood :Muslim Law of India, 1980
3) Asaf ali aAsghar Fyzee: ,Outlines of Muhammadan Law1949
4) Kauser Edappagath : Divorce and Gender Equity in Muslim, 2014
5) Aquil Ahamad : Mohhamdan Law
6) Wikipedia - https://en.wikipedia.org/wiki/Wiki
7) http://muslimpersonallaw.in/schools-of-muslim-law/

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