Waqf is very unique and beneficial for poverty alleviation programmes. Muslim law had its origin in arabia, where the prophet mohammed started it and the mohammedan invaders in india brought the religion to india. This work on the shariah or islamic law offers a comparative study of the divine law that, according to authentic islamic doctrines, embodies the will of god in society. Llb law first 1st year pdf notes, books, projects, papers. Hanafi school is the first and the most popular schools in muslim law. However, a muta marriage may be contracted with a kitabia or parsi female.
Hanafi school frequently relies on analogical deduction and independent reasoning, and maliki and hanbali generally use the hadith instead. B introduction of the hindu law concept of dharma hindu law is a body of principles or rules called dharma according to hindu texts embraces everything in life. Dayabhaga school got its name from a leading smritis by name dayabhaga, written by. In this project conseqences of waqf will be dealt and the powers which a mutawali enjoys. To understand the early framework from which legal schools evolved to understand the major schools of law within the islamic tradition in. To understand the division of schools of muslim law, we need to delve into the fathoms of islamic history. A law lecture in hindi on the kinds of muslim talaqs that are available to both partners under muslim personal laws in india. The ancient schools of hindu laws are believed to be of two types and were in existence before the hindu law was codified with the hindu succession act of 1956. There are 6237 ayats in 114 chapters, each called sura. Sources and schools of hindu lawand muslim law vedas. Here, introduction to islamic jurisprudence, historical development and various school of thoughts are provided for general comprehension of the subject.
The three importance schools of law among shia are isna ashari, ismaili and zaidy. However, a third school, which is a minority sect exists. Abu hanifa annumanibnthabit, commonly known as imam abu hanifa, the founder of most important of the sunni sects was born in the year 80 a. The holy book is arranged topic wise with respective titles. Most muslims regard these four schools as equally valid interpretations of the religious law of islam. Need previous year muslim law,property law,constitution law 2 question paper.
The period thereafter will also be discussed until our present day. Get llb law semester 1 notes, ebooks, handouts and study material in llb law first year pdf notes, projects, papers section at. In india in personal matters, there is no national or regional law. The right to dower is an inherent right of every muslim wife.
They all acknowledge the authority of the holy qur an and the traditions as the ultimate source of the islamic law. Muslim personal law short study notes llb part 2 1. The major sources of muslim law include the quran, sunna, hadis, ijma as well as qiya. Schools of muslim lawschools of muslim law difference of opinion among my communitydifference of opinion among my community is a sign of the bounty of allahis a sign of the bounty of allah prophet muhammad. Please support us by disabling adblocker on our website. A muslim female has no right to contract a marriage with a nonmuslim even if he is a kitabia or parsi. Schools of muslim law imam abu hanifa was the founder of hanafi school 8 0 a. This section contains llb law first 1st year course subjects free pdf notes, projects and solved papers for easy access and downloads. B family law hindu law unit i revision study notes for ll. Shack up together between husband and wife is a necessary condition for a happy family life. Madhhab is an islamic term that refers to a school of thought or religious jurisprudence within sunni. Abu hanifa was an eminent scholar of his time and was widely known for his outstanding logical reasoning and technical legal thought. The personal laws of individuals are known by the name of their respective religion e.
The unity of the schools becomes apparent, but it is perhaps. It prescribes the limits to do or not do certain things. This also helps in understanding various customs of islam relating to marriage, divorce, succession, etc. Dayabhaga school vijnaneswaras commentary on yajnavalkya smriti is called mitakshara, which means measured in words. This article mainly discusses the various schools of muslim law. Under muslim law a divorced wife is entitled to obtain maintenance from husband upto her period of iddat. The dissolution of muslim marriages act, 1939the muslim family laws ordinance, 1961west pakistan muslim personal law shariat application act, 1962the guardians and wards act, 1890marriagedowermode of the dissolution of. The four schools of law in islam understanding islam. Important articles and study material on muslim law click on the link to read module 1. Besides other provisions, this act gives statutory recognition to the established rule of pure muslim law that a former husband is liable to pay maintenance to his divorced woman only up to her period of iddat. It is a running commentary on the code of yagnavalkya. Get llb law first year pdf notes, projects, papers at. Llb bachelor of legislative law course is the most common undergraduate course of legal law education offered by many law colleges and universities in india. These schools are in good agreement on all essential aspects of the religion of islam.
School means rules and principles of hindu law which are divided into opinion. It is in form of verses, each verse is called an ayat. Islam therefore, insists upon the subsistence of a marriage and prescribes that breach of marriage contract should be avoided. In the islamic world view, god is the ultimate legislator. There are two main schools in muslim law,there are two main schools in muslim. This article is written by suryansh singh, a 3rdyear law student from indore institute of law. There are two schools of hindu law a mitakshara b dayabhaga. Due to its largely uncodified nature, we must look at the sources of muslim personal law to understand it. Muslim personal law and law of inheritance, in light of he quranic verses and relevant enactment such as. Chapter 3 this chapter discusses in detail the muslim womens. It is the first and fundamental source of muslim law and islamic principles. Islam is one of the oldest major religions in the world. Islamic law is a code of basic principles which determine the relationship between man and god on one hand and among the individuals themselves. The four prominent schools of islamic law are named after their founders and are called the hanafiyya, the malikiyya, the shafiyya, and the hanbaliyya schools of religious law.
Chapter1st sources of islamic law and sources of law in. The city of koofa in iraq was then the capital khilafath. Sources and schools of hindu lawand muslim law free download as powerpoint presentation. The personal laws play a vital role in governing the conflicting interest of the individuals. Today there are many schools of law in the muslim community. Concept of marriage in muslim law legal service india. Before the advent of islam in arabia, the arabians were following various superstitions and continue reading class notes on family. Before being named hanafi, this school was known as koofa school which was based on the name of the city of koofa in iraq. But, unless this right is effectively enforced, it is of no use to her.
He first studied scholaristic divinity, but soon abandoned i t in favour of jurisprudence. But all schools of muslim law except ithna asharia shias are agreed that the. In a case of mohammad ahmad khan vs shah bano begum1985, although the muslim law limits the husbands liability to provide maintenance for his divorced wife up to the period of iddat. Finally, for cases where hudud punishments were imposed and executed, i would like to find out whether the court followed islamic law correctly, including the very strict requirements on. This school of the sunni muslims is named after its founder abu hanifa and is the most popular school of muslim law. Ch, 1,1 sources of muslim law the main sources of muslim law are. Islamic law and the way various legal schools interact with it. Under muslim law, following means of enforcement of the right to dower are available to a wife or widow. Talaq, ila, zihar, talaq ul sunnat, talaq ul biddat, khula, mubarat. They say that legal material is small and even that it has. Imam abu hanifa was the founder of hanafi school 80 a.
There are four important schools of law among sunni. Muslim law case laws, notes and study material legal bites. Besides these four schools, there had been certain other personal schools of the sunni muslims. Later, this school was renamed as hanafi school based on the name of its founder abu hanafee. A source of law refers to the original materials where the contents of law are found.
The dayabhaga school or bengal school in bengal and assam the dayabagha school was established and in. However, the formation of different schools of law also had an adverse effect on the instrument of ijma. The class schedule is subject to change by the professor. Sources of muslim law primary secondary 1 the sources that the prophet mohammad directed will be the primary sources. The course is designed to discuss in muslim law in detail. This project will portray the meaning and essential elements of a valid waqf, evolution of the concept of waqf and various kinds of waqf under muslim law.
The five major schools that are used in the comparison are. Divorce under muslim law law baba learn law online. The schools of hindu law emerged from the commentaries and digests. Under shia law, a marriage with a nonmuslim or a kitabia woman is not permitted. Qiya refers to interpretations of muslim jurists on. This article entitled succession under muslim law, which outlines the law relating to both testate and intestate succession applicable to the muslims of sri lanka, came out of an attempt made by its author, justice saleem marsoof, pc in the late. Schools of muslim law history, their difference, practice obtainable. There are two main schools of muslim law the sunni and the shia.
Llb law semester 1 notes, ebooks, handouts and study. Islamic jurisprudence is a basic subject for the students of islamic law. Personal law of a person is not determined by his domicile or his nationality but by his membership of the community to which he belongs. Mitakshara school prevails throughout india except in bengal. In india the majority of the muslims are of sunnis and hence it is presumed that the parties to a suit are sunnis unless proved otherwise. The sacred koran represents the communica tions addressed by allah to the prophet, through his messenger gabriel. It is essential so as to have the law, its explanation and its right interpretation. For them the doctrine of consensus was a source of harmony.
It is the first and most popular school in muslim law. Development of islamic law introduction islam means submission to the will of god and establishment of peace. The muslim law is based on the teachings of the quran and prophet mohammad. Llb part one islamic jurisprudence noteshistory of the growth of the muslim legal systemvarious schools of islamic lawsources of law the quran and the traditionsijma and customsjuristic deduction qiyas or analogyistehsan or juristic equityistedlalijtehad and taqlidacts, rights and obligationslegal capacityownership and possessionconstitutional lawmuslim. The scholars of the medina and iraqi schools aimed at the elaboration of the shariah, a system of the law for the muslims, based on the quranic principles. Even so, not every circumstance was covered, so application of these sources to life. D, only four schools, discussed below, were given recognition.
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