MUSLIM LAW Udayasimha N G Assistant Professor CMR Law School

WHO IS A MUSLIM ? The word "Muslim" means one who

submits to the will of God. The first principle of Islam is known as the Shahaadah(Testimony of Faith), and is as follows: "There is no one worthy of worship except Allah (God)  and Muhammad is the Final Apostle (Messenger) of God.”

In a broader sense, anyone who willingly submits to the will of God is a Muslim. Thus, all the prophets preceding Prophet Muhammad, are considered as Muslims.

HOW DOES SOMEONE BECOME A MUSLIM ? By Birth : Even in the case one of the

parents are Muslim than the person has to be considered as a Muslim .

By Conversion : Any person of sound mind and has attained the age of majority after renouncing his religion.

Public declaration Following the rituals ( reading

Kaleema)

KALEMA “La ilaha illa Allah, Muhammadur rasoolu

Allah,” one converts to Islam and becomes a Muslim   This saying means “There is no true god (deity) but God (Allah),1and Muhammad is the Messenger (Prophet) of God.”  The first part, “There is no true god but God,” means that none has the right to be worshipped but God alone, and that God has neither partner nor son.  To be a Muslim, one should also:

Believe that the Holy Quran is the literal word of God, revealed by Him.

  Believe that the Day of Judgment (the Day of Resurrection) is true and will come, as God promised in the Quran.

  Accept Islam as his or her religion.   Not worship anything nor anyone except God.

SARLA MUDGAL V. UOI (1995) 3 SCC 635

Hindu converted into Islam and married a Muslim lady without divorcing the first wife.

S.C held that the second marriage is not a valid marriage.

Second marriage punishable under bigamy u/s 494 of IPC.

It is not the object of Islam to encourage the Hindus to evade their personal law

LILY THOMAS V. UOI A.I.R (2000) SC 1650

Sushmitha Ghose and G.C Ghose got married in the year 1984 as per Hindu law

G.C Ghose got converted to Islam and renamed himself to Mhd. Karim Ghazi

Ghose alias Karim married Vanita Gupta S.C held that the conversion was an

illegal conversion Husband convicted for the offence of

bigamy.

ORIGIN OF ISLAM 7th Century in Arabia Not an easy life Many lead a nomadic life No common religion No common govt. or administrative

machinery Elected leaders of the tribes controlled Emphasis on courage , freedom and

vengance Rich in literature Manliness bravery and hospitality

ORIGIN (CONTINUED) Unreasonable customs with no

restrictions on marriage No women rights Female infanticide was rampant Degeneration in morality religion and

freedom

SOURCES OF MUSLIM LAW Quran : Derived from Arabic word Qurra

which refers to ‘the reading’. The first wahi (revelation) came to the Prophet in 609.These delivered messages were reduced on

animal skin, palm leaves etc.,Salient features :- Divine origin First source Mixture of religion, law and morality Unchangeable Structure :- 6237 Ayat (verse) 114 chapters

(Sura)

SOURCES (CONTINUED) Sunnah :- Traditions of the Prophet

“Whatever the prophet said and did without the reference to god is his tradition”

Sunnat –ul-Qual:- Words spoken by Prophet

Sunnat –ul-Fail:- Conduct and behaviour Sunnat-ul- Taqrir:- Silence of Prophet

CONTINUED ., Ijma :- Unanimous decisions of the

JuristsA consensual opinion by knowledgeable

persons in law. Kinds of Ijma:-

Ijma of the companions :- Very accurate

Ijma of the Jurists:- Opinion of learned scholars

Ijma of the people :- Mass acceptance of a principle as law.

CONTINUED., Qiyas :- Analogical Deductions

“Measurement” Comparing a thing in relation to a standard

or to establish an analogyA method of comparing a problem in

present times to a similar problem for which the solution is provided in the text.

SECONDARY SOURCES Urf (Taamul) or Customs:-

Prophet abolished certain practices which were prevaling in Arabia as it was considered as un-islamic .

SCHOOLS OF ISLAM (SUNNIS) Hanafi school:- 699-767A.D

Founded by Abu HanifaLaid emphasis on QiyasFollowed only certain traditionsAdvocated Ijma Iraq to Arabia, Syria, Afghanistan, Central

Asia and India.

CONTINUED., The Maliki School:- 713-795A.D

Malik Ibn Anas ( Medina School)Collected about 300 traditions of Prophet Developed legal systemNot very rigid about traditions He professed IjmaSpain, Moracco, North and East Africa

CONTINUED., The Shafie School :- 767-20A.D

Muhammed Ibn Idrish- ash-ShafieExpert in Jurisprudence and LawAdvocated IjmaFollowed juristic principlesCritical analysis of traditionsEgypt, South Arabia, East Africa, Iraq,

Persia, Western and Southern India.

CONTINUED., The Hanbali School:- 780-855 A.D

Not an actual founderPupils gathered and founded this schoolA strict follower of tradition He did not advocate IjmaArabia , Siriya and Palestine

SCHOOLS OF ISLAM (SHIAS) Imamat :-

Advocated the principle of succession for the appointment of Imamat.

They are the spiritual leaders of Islam or the higher preist at a Mosque.

Imam is the final interpreter of the law on the earth.

He is the leader by divine rightBelieved to be the descendant of the

Prophet

ISLAM

CONSTITUTIONAL PROVISION Article 25(1) “Subject to public order, morality and

health and to the other provisions of this part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion”.

Belief in oneness of god Public declaration Conversion is invalid if its only for

pretence, fraud.

PUNJABRAO V. D.P MESHRAM AIR 1965 SC 1179

“…the meaning of the phrase ‘professes a religion’ in the aforementioned provision is to enter publicity into a religious state and that for this purpose a mere declaration by a person that he has ceased to belong to a particular religion and embraced another religion would not be sufficient.

EFFECT OF CONVERSION ON MARRIAGE By Husband & Wife

A husband converting will not dissolve his previous marriage.

The conversion of a non-Muslim wife to Islam does not dissolve her marriage with her husband

The succession to the estate will be governed by Muslim Laws

Apostasy has an immediate and prospective effect from the moment of his conversion and is not retrospective.

LAW OF MUSLIM MARRIAGE

CONTINUED.,“ Marriage is a legal process by which the sexual

intercourse and procreation and legitimation of children between man and women is perfectly lawful and valid”. Section 2 of Law of Marriage (AIMPLB) :-“Marriage is an agreement between man a women, based on the Shariat principles as a result of which mutual sexual relation becomes legitimate, paternity of obligations become enforceable”. “Marriage is a contract underlying permanent relationship based on mutual consent on the part of a man and women”.

OBJECTIVES OF MARRIAGE Promotion of a normal family life Legalizing sexual intercourse Legitimacy of children Domestic and social life Respect towards spouse and children Guarding the humans from foulness and

unchasity

CIVIL CONTRACT

CONTINUED.,Saburannissa v. Sabdu Shiek

AIR 1934 Cal. 693 “The marriage under Muslim law is a civil contract and is like a contract of sale. Sale is a transfer of property for a price. In the contract of marriage the wife is the property and dower is the price”.

CONTINUED., Proposal and acceptance in one meeting Proposal is made by the bridegroom

(Ijab) Made before the Kazi and two witnesses The acceptance is called as ‘Qabool’ Free consent Competency of the parties Puberty