FAMILY INTERNAL NOTES

Q1) What are the primary sources of Muslim Law?

Ans> Muslim law is primarily derived from four authoritative sources: the
Quran, Sunna, Ijmaa, and Qiyas. These sources provide the
foundation for Islamic legal principles and govern various aspects of life,
including marriage, inheritance, and ethical conduct.
1. The Quran
The Quran is the most fundamental and sacred source of Muslim law. It
is derived from the Arabic word Qara, meaning "to recite" or "to read."
The Quran consists of 114 Suras (chapters) and provides divine
guidance on legal, social, and moral matters.
Key legal principles from the Quran include:
• Polygamy: A man is permitted to marry up to four wives at a time,
while polyandry (a woman having multiple husbands) is
prohibited.
• Inheritance: Male heirs receive double the share of female heirs
(e.g., a son inherits twice the share of a daughter).
• Family Law: The Quran lays down rules on marriage, dower
(Meher), and divorce.
• Prohibited Relationships: A man cannot marry his mother,
daughter, sister, aunts, or a woman who has breastfed from
the same mother.
The Quran is considered the ultimate guide to leading a righteous life.
2. Sunna (Hadis)
The Sunna refers to the actions, sayings, and silent approvals of
Prophet Muhammad, serving as a precedent for legal and ethical
conduct. These are collectively known as Hadis, and their plural form is
Ahadis.
Types of Sunna:
• Sunnat-ul-Qaul: The spoken words of the Prophet, including
legal and ethical instructions.
 • Sunnat-ul-Fail: The actions and behavior of the Prophet,
demonstrating ideal conduct in daily life.
• Sunnat-ul-Taqrir: The silent approval of the Prophet on matters
he neither objected to nor explicitly endorsed.
3. Ijmaa (Consensus of Jurists)
Ijmaa means "Consensus ad idem" (meeting of minds), where
Islamic jurists of a particular era collectively agree on a legal issue. This
source helps in resolving matters not explicitly mentioned in the Quran
or Sunna.
Types of Ijmaa:
• Ijmaa of Companions: Universally accepted and conclusive.
• Ijmaa of Jurists: Opinions given by scholars after the era of the
Prophet's companions.
• Ijmaa of the People: General consensus on religious practices
such as fasting (Roza) and prayers (Namaz).
For an Ijmaa to be valid, it must not contradict the Quran or Sunna.
4. Qiyas (Analogical Reasoning)
Qiyas refers to the extension and interpretation of the law by drawing
analogies from existing principles. It helps in reasoning and applying
legal rules to new situations.
Key Features of Qiyas:
• It cannot modify existing laws.
• It must align with the Quran, Sunna, and Ijmaa.
• It ensures logical reasoning in Islamic jurisprudence.
The originator of Qiyas was Abu Hanifa, a prominent Islamic scholar.

Q2) What are the secondary sources of Muslim law?

Ans> Muslim law is primarily derived from the Quran, Hadith, Ijma, and
Qiyas. However, in the modern legal system, secondary sources also
play a crucial role in shaping and interpreting Muslim law.
The secondary sources of Muslim law include Customs, Judicial
Precedents, Legislation, and the Principles of Justice, Equity, and
Good Conscience.
1. Customs
Customs are traditions and practices that have been passed down
through generations. They play an important role in Muslim law,
especially when they are reasonable and widely accepted by the
community. For a custom to be legally recognized, it must fulfill the
following conditions:
• It should be specific or general and consistently followed.
• It must be reasonable and in accordance with law.
• It should not be against public policy or morality.
• The custom should be clear and unambiguous.
• It should be followed universally within the community.
2. Judicial Precedents
Judicial precedents refer to previous judicial decisions that establish
legal rules and principles. The doctrine of stare decisis (meaning "to
stand by what has been decided") ensures that once a legal principle is
established, it is followed in future cases. In India, the decisions of the
Supreme Court are binding on all lower courts, thereby shaping the
interpretation and application of Muslim law.
3. Legislation
Several legislative enactments have been introduced in India to regulate
and codify various aspects of Muslim law. Some of the significant
legislations include:
• Kazis Act, 1880 – Regulates the appointment and duties of Kazis.
• Dissolution of Muslim Marriage Act, 1939 – Provides grounds
for Muslim women to seek divorce.
• Guardians and Wards Act, 1890 – Governs the appointment of
guardians for minors.
• Muslim Women (Protection of Rights on Divorce) Act, 1986 –
Protects the rights of divorced Muslim women.
 • Wakf Act, 1954 – Regulates the administration of Wakfs (religious
endowments).
4. Justice, Equity, and Good Conscience
Justice, equity, and good conscience serve as guiding principles when
there is no direct provision in Muslim law to resolve a legal dispute. This
principle ensures fairness and impartiality in legal proceedings. Some
key aspects include:
• Justice should be fair and unbiased – Judges must decide
cases without personal or monetary bias.
• Judges should consider the character and actions of the
parties involved – A person’s history may be relevant in ensuring
justice.
• Justice must be visible – It should not only be done but also be
seen to be done.
• Justice should not be denied – Although delays may occur,
justice should ultimately be served.

Q3) Difference Between Shia and Sunni?

Ans> The Shia and Sunni sects of Islam have distinct differences in their
beliefs, practices, and interpretations of Islamic law, including matters
related to marriage, divorce, guardianship, and maternity. The key
differences are as follows:

Aspect Shia Sunni

Regard the Imam as the Consider the successor

Religious
final interpreter of Islamic of Prophet Muhammad
Belief
law. as the Khalifa.

Muta
Lawful among Shia Not recognized under
(Temporary
Muslims. Sunni law.
Marriage)

Only the father and

Guardianship
grandfather are recognized Other legal guardians,
in Marriage apart from the father and
as legal guardians.
Aspect Shia Sunni

grandfather, are
recognized.

Presence of two male

Witness Witnesses are not required
witnesses is necessary
Requirement for marriage.
for a valid marriage.

Remarriage is permitted
Triple Talaq Remarriage is not allowed
after Triple Talaq,
and after pronouncement of
following the observance
Remarriage Triple Talaq.
of Iddat.

Divorce must be
Mode of pronounced orally in Arabic. Divorce can be given
Divorce If the husband cannot do so either orally or in writing.
orally, he may write it down.

A child born out of The woman who gives

fornication is deemed to birth to the child is
Maternity of have no mother. Maternity is recognized as the
Child only established for children mother, regardless of the
conceived in a valid circumstances of
marriage. conception.

The mother has custody

The mother is entitled to
Mother’s of a male child until 7
custody of a male child until
Custody years and a female child
the age of 2 years and a
Rights until she reaches
female child until 7 years.
puberty.

Q4) Explain the Schools of Muslim law?

Ans> Muslim law is divided into various schools, which interpret Islamic
legal principles differently based on the teachings of various scholars.
These schools are classified mainly into Sunni schools and Shia
schools.
1. Sunni Schools of Law
The four major Sunni schools of thought are:
(a) Hanafi School
• It is the first and most popular school of Muslim law.
• Initially known as the “Koofa” school, it was later named after its
founder, Abu Hanafi.
• This school relied on the customs and decisions of the Muslim
community rather than blindly following traditions.
• Abu Hanafi did not write any book, and the school was developed
by his disciples Imam Muhammad and Imam Abu Yusuf.
• It is widely followed in India, Pakistan, and Egypt.
(b) Maliki School
• Founded by Imam Malik (Malik-bin-Anas), this school is
prevalent in Spain and North Africa.
• Imam Malik emphasized tradition and considered Qiyas
(analogical reasoning) and Ijma (consensus) as last resorts.
• He believed that in marriage, a wife could not own and maintain
personal property independently.
• He authored the book “Kitab-Al-Muwatta” and focused on public
welfare.
(c) Shafei School
• Founded by Imam Shafie, who was a disciple of both the Hanafi
and Maliki schools.
• He believed that all legal disputes have answers in the Quran.
• This school is a blend of the Hanafi and Maliki schools and is
followed in Indonesia, Malaysia, and the Philippines.
• It emphasized that a wife is not merely a tool or device in marriage.
(d) Hanbali School
• Founded by Abu Abidullah Hamid Ibn Hanbal, this school is
followed in Qatar and Saudi Arabia.
• It strictly followed traditions and restricted the use of Qiyas.
 • It perfected the doctrine of Usul (legal principles).
• Authoritative books include Taat-ur-Rasul and Kitab-ul-Alal.
2. Shia Schools of Law
Shia schools differ from Sunni schools mainly in their views on
leadership and interpretation of law.
(a) Shias and Imamat
• Shias believe that after the death of Prophet Muhammad, Ali (his
son-in-law) was the rightful successor.
• The Imam is considered the final interpreter of Islamic law.
• Shias reject Qiyas, equity, public policy, and public good as
sources of law.
(b) Ithna-Ashari School
• The most dominant school among Shia Muslims.
• Recognizes Muta marriage (temporary marriage).
• Any law declared by an Imam is considered authoritative.
• It is subdivided into:
o Akhbari (orthodox and rigid).
o Usuli (interprets texts to address practical issues).
(c) Ismailya School
• Also known as the Seventh Imam School, its followers are called
Seveners (Sabiyan).
• It is divided into Khojas and Bohras, with Bohras further classified
into Daudis and Sulaymanis.
• Daimul-Islam is the authoritative text.
• Found in India, Pakistan, and Syria.
(d) Zaidya School
• Founded by Imam Zaid, this school is dominant in Yemen.
• Followers focus on political activism and believe that an Imam
should be elected.
• They accept only those Hadiths (sayings of the Prophet) that
align with the Quran.
• It has no followers in India.