Concept of Muslim Law | Family Law - CLAT PG PDF Download

Belief in the Existence of God

• Muslims believe in the existence of one God, who is the creator and sustainer of the universe. This belief is central to Islamic faith and is reflected in various aspects of Muslim law.

Principle of Tawhid (Unity of God) 

• Tawhid is the fundamental Islamic principle that emphasizes the Oneness of God. It signifies that God is unique, without partners or equals. This principle is crucial in shaping the moral and legal framework within Muslim law.

Acceptance of Prophet Muhammad as a Messenger of God 

• Muslims believe that Prophet Muhammad is the final messenger of God, who conveyed His messages and guidance to humanity. This belief is integral to the development of Muslim law, as the Prophet's teachings and actions serve as a primary source of legal and ethical guidance.

Divine Origin of Law 

• Muslim law is considered to be of divine origin, meaning it is believed to be revealed by God. This concept underscores the authority and sanctity of the law within the Islamic framework.

Ilmul-Yakin (Certitude) 

• Ilmul-yakin refers to the ability to distinguish between good and evil with certitude. This principle guides Muslims in making ethical and legal decisions, ensuring that actions align with divine guidance.

Sources of Muslim Law 

Koran

• The Koran is considered the primary source of Muslim law, containing the revelations of God to Prophet Muhammad.

Ahadis

• Ahadis are supplementary to the Koran and consist of the sayings and actions of the Prophet Muhammad. They provide additional guidance on various legal and ethical matters.

Ijma (Consensus)

• Ijma refers to the consensus of learned scholars on a particular legal issue. It serves as a supplementary source of law, helping to address matters not explicitly covered in the Koran or Ahadis.

Kiyas (Analogy)

• Kiyas involves drawing analogies to apply legal principles to new situations not explicitly addressed in the Koran, Ahadis, or Ijma. It helps in extending the law to contemporary issues.

Shariat: The Path to Ethical Living 

 Meaning of Shariat 

• The term "Shariat" literally means "a road to the watering place" or "path to be followed."
• It signifies a guiding framework for ethical and moral conduct in all aspects of life.

 Ethical Principles in Shariat 

• The Shariat emphasizes that all actions should be judged according to ethical principles.
• It underscores the importance of duties and responsibilities of individuals in various walks of life.

 Comprehensive Guidance 

• Shariat provides comprehensive guidance for Muslims on how to live their lives in accordance with ethical and moral standards.
• It covers various aspects of life, including personal conduct, social responsibilities, and legal obligations.

 Religious Commandments in Shariat 

• The Shariat categorizes religious commandments into five types:
•  Fard:  Obligatory acts, such as performing five daily prayers.
•  Haram:  Prohibited actions, like consuming alcohol.
•  Mandub:  Recommended practices, such as additional prayers on special occasions.
•  Makruh:  Discouraged actions, like avoiding certain types of fish.
•  Faz:  Neutral acts, such as traveling by air.

Concept of Fiqh or Law 

•  Fiqh  in Muslim law refers to the science of jurisprudence and the knowledge of one's rights and obligations derived from the Koran, Sunna, Ijma, and Kiyas.
•  Usulul Fiqh  focuses on the sources, law giver, objectives of law, and subjects of law.
• Fiqh is divided into  Usui  (Muslim jurisprudence) and  Furu  (substantive law).
• A jurist, known as a  Faquid  , plays a crucial role in interpreting and applying Islamic law.