Muslim Law
INTRODUCTION:
In India, there are two types of personal laws namely, Muslim law and Hindu law. Muslim law is a religious law. Muslims are governed by Muslim personal laws. The personal law of a person is not determined by his domicile or his nationality but by his/her membership in the community or religion to which he/she belongs.
Religious law can be of two types:
Law made by the man:
Law made by the parliament such as the Dissolution of Muslim Marriage Act 1939, Protection of Muslim Women from Divorce Act, 2019.
Law made by god directly:
The holy Quran is the divine law as Allah through Gabriel has given guidelines to Prophet which should be followed by every Muslim
Some landmark judgment gives new definition in Muslim law such as the SARLA MUDGAL CASE AND LILY THOMAS CASE.
OUR BLACKTIE LEGAL SERVICES INDIA LLP WILL HELP IN THE MATTER RELATED TO MUSLIM LAW CASES
OBJECTIVES OF MUSLIM LAW:
Protection of faith
It is the most important objective of Muslim law.
Protection of life:
The holy Quran completely forbids the taking of human life without any reasonable ground.
Protection of intellect:
A sane and intelligent person can think and react that is why intoxication is prohibited in Islam because they are harmful and injurious as well.
Protection of progeny:
Islam emphasizes the establishment of lawful relations between the man and the woman. That is why Islam prohibits adultery.
Protection of wealth:
Quran emphasizes legally earned wealth and prohibits illegally earned wealth.
TO WHOM MUSLIM LAW APPLIES:
Muslim law applies to Muslims alone
Muslim by origin
Muslim by conversion
ACT RELATED TO MUSLIM LAW :
The Muslim Women (Protection of Rights on Divorce) Act, 1986 as amended by the Jammu and Kashmir Reorganisation Act, 2019
The Muslim Women (Protection of Rights on Divorce) Rules, 1986
The Dissolution of Muslim Marriages Act, 1939 as amended by the Jammu and Kashmir Reorganisation Act, 2019
The Muslim Personal Law (Shariat ) Application Act, 1937 as amended by the Jammu and Kashmir Reorganisation Act, 2019
The Cutchi Memons Act, 1938
The Kazis Act, 1880
The Mussalman Wakf Act, 1923
The Mussalman Wakf Validating Act, 1913 (6 of 1913)
The Mussalman Wakf Validating Act, 1930 (32 of 1930)
The Muslim Women (Protection of Rights on Marriage) Act, 2019 with Model Nikahnama.
DIFFERENT TYPES OF MUSLIM LAW CASES:
Muslim law is uncodified law but the parliament of India has made some laws to regulate Muslim law-related cases. This also helps in understanding various customs of Muslims relating to marriage, divorce, succession, etc. For example, the Islamic law of divorce is slightly different for Shias and Sunnis. It is highly complex and even applies differently to different factions of Muslims.
Intestate succession/inheritance,
A special property of the females,
Marriage (including all incidents of marriage),
The Dissolution of Marriage (including all kinds of divorce),
Maintenance,
Dower,
Guardianship,
Gift
Trust and trust properties, and
Wakf.
DIFFERENCE BETWEEN MUSLIM LAW AND HINDU LAW:
The main difference arises through the primary source i-e THE QURAN for Muslim law and THE VEDAS for Hindu law. The Quran delivers humanity to believers or Muslims. The Vedas consider the whole of mankind as one single entity due to the presence within each, of the God principles.
Muslim law is governed by the Muslim Shariat Law Act of 1937 whereas Hindu Law is governed by the Hindu Succession Act, of 1956.
Muslim law is not codified law whereas Hindu law is codified law.
CONCLUSION:
The Muslim law covers all aspects. of human life and delivers a message of peace. Muslim law is governed by the holy Quran.