Understanding the Essence of Muhammadan Law
Muhammadan Law, also known as Muslim Law or Islamic Law, is a body of legal principles derived from the teachings of Prophet Muhammad (PBUH) and the Holy Quran. It governs the personal matters of Muslims, including marriage, divorce, inheritance, succession, maintenance, and guardianship. In India, Muslim personal law is recognized under Article 25 and 26 of the Constitution, allowing Muslims to follow their own religious and customary laws. The primary codification is reflected through judicial interpretations, as most aspects of Muhammadan law remain uncodified. The foundation of this law lies in divine revelation (Sharia) and human interpretation (Fiqh), aiming to ensure justice, equality, and moral conduct in society.
1. Classification and Nature of Muhammadan Law
Muhammadan Law can broadly be divided into two categories—(a) Divine or Religious Law (Ibadat) and (b) Human or Civil Law (Muamalat).
- Ibadat relates to spiritual duties and obligations such as prayer, fasting, and charity, which concern an individual’s relationship with God.
- Muamalat, on the other hand, governs social, economic, and legal relations among individuals, including marriage, contracts, and property matters.
In India, the courts primarily deal with Muamalat, as it covers family law, inheritance, and contractual relationships. The Muslim Personal Law (Shariat) Application Act, 1937, ensures that Muslims in India are governed by Shariat in matters of personal law, including marriage, divorce, succession, maintenance, and gifts (Hiba). This division demonstrates the holistic nature of Islamic law — addressing both moral and legal aspects of human life.
2. Sources of Muhammadan Law
The various kinds of Muhammadan law are derived from four primary sources: Quran, Hadith, Ijma, and Qiyas.
- The Quran is the most authoritative source, containing direct revelations from Allah. It lays down broad principles for human conduct, justice, and family life.
- Hadith (sayings and practices of Prophet Muhammad) clarifies and supplements the Quranic injunctions.
- Ijma refers to the consensus of Islamic jurists on a particular issue where the Quran and Hadith are silent.
- Qiyas (analogy) applies reasoning to derive rulings for new situations by comparing them with established principles.
Besides these, custom (Urf) and judicial decisions also play a secondary role in shaping Muslim law in India. The blend of these sources ensures flexibility and adaptability of Islamic law across changing times and societies.
3. Schools of Muhammadan Law
Muslim Law is divided into two major sects — Sunni and Shia, each having distinct schools of jurisprudence.
- Sunni Schools:
- Hanafi School – Founded by Imam Abu Hanifa; most liberal and prevalent in India.
- Maliki School – Founded by Imam Malik; emphasizes the traditions of Medina.
- Shafi’i School – Founded by Imam Shafi; prioritizes Hadith and traditional interpretations.
- Hanbali School – Founded by Imam Ahmad ibn Hanbal; most orthodox, prevalent in Saudi Arabia.
- Shia Schools:
- Ithna Ashari (Twelvers) – The largest Shia school followed in India and Iran.
- Ismaili (Seveners) – Follow Imam Ismail’s descendants.
- Zaidiyah – Found mainly in Yemen, they follow Imam Zaid.
Each school interprets the Quran and Hadith differently, resulting in minor variations in personal laws related to marriage, divorce, inheritance, and waqf. However, the underlying principles of justice, morality, and equality remain constant.
4. Kinds of Muhammadan Law Based on Subject Matter
Muhammadan Law can also be categorized based on subject matter, focusing on human interactions and family relations:
- Marriage (Nikah) – A civil contract that legalizes relations between husband and wife and ensures the legitimacy of children.
- Divorce (Talaq) – Includes Talaq-ul-Sunnat, Talaq-ul-Biddat, Khula, and Mubarat, governed under the Dissolution of Muslim Marriage Act, 1939.
- Dower (Mahr) – A mandatory payment promised by the husband to the wife as a mark of respect and security.
- Inheritance and Succession – Determined by the Quranic shares, based on proximity of relationship.
- Waqf – A permanent dedication of property for religious or charitable purposes.
- Gift (Hiba) – Transfer of property without consideration, governed by Muslim law principles.
- Guardianship – Management of minor’s person or property, recognized under the Guardians and Wards Act, 1890.
These kinds of law ensure comprehensive regulation of both family and property relationships, embodying the moral, ethical, and legal dimensions of Islam.
5. Importance and Modern Application in India
In India, Muhammadan Law holds significance as it preserves the religious and cultural identity of Muslims. It is applied through personal law courts and recognized by Indian judiciary under Article 372 of the Constitution. The Shariat Act, 1937 and Dissolution of Muslim Marriage Act, 1939 are key legislations that harmonize traditional Islamic principles with the Indian legal system. Courts interpret these laws in light of constitutional values such as equality and justice, ensuring that personal laws do not violate fundamental rights. Landmark judgments like Shayara Bano v. Union of India (2017), which invalidated Triple Talaq, reflect this evolving approach, balancing religious freedom with gender justice.
Real-Time Example
In Shah Bano Begum v. Mohammad Ahmad Khan (1985), the Supreme Court upheld the right of a divorced Muslim woman to maintenance under Section 125 of the Criminal Procedure Code, emphasizing that religious laws cannot override constitutional principles of justice. The judgment led to nationwide debate and eventually the enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986. This case exemplifies how Muhammadan law interacts with statutory law to promote fairness and modern social values in India. It also showcases how Islamic principles adapt to contemporary needs while maintaining their spiritual foundation.
Mnemonic to Remember the Kinds of Muhammadan Law
Mnemonic: “SCHOOL FAMILY”
- S – Sources (Quran, Hadith, Ijma, Qiyas)
- C – Classification (Ibadat & Muamalat)
- H – Hanafi, Maliki, Shafi’i, Hanbali (Sunni schools)
- O – Observance of customs and judicial precedents
- O – Obligations like Marriage, Dower, Divorce
- L – Laws governing Waqf, Gift, and Inheritance
- F – Family and property matters covered
- A – Application under the Shariat Act, 1937
- M – Modern interpretation through case laws
- I – Importance in Indian constitutional setup
- L – Legal harmony with constitutional rights
- Y – Yearly evolution through judgments
This mnemonic helps remember the structural and functional kinds of Muhammadan law, its sources, and application in India.
About lawgnan:
Discover the Essence of Muhammadan Law in India with comprehensive, student-friendly notes at Lawgnan.in — your one-stop destination for legal learning. Understand the principles of Sharia and Fiqh, the role of Quran, Hadith, Ijma, and Qiyas, and how Indian courts interpret Islamic personal laws under the Shariat Act, 1937 and Dissolution of Muslim Marriage Act, 1939. Learn through simplified explanations, case laws like Shah Bano Begum v. Mohammad Ahmad Khan (1985), and helpful mnemonics designed for law students. Strengthen your preparation in Muslim Personal Law and other LLB subjects with Lawgnan’s expert study materials today!
