Muslim Personal Law (Shariat) in India is a divinely revealed system of jurisprudence governing the matrimonial, custodial, and succession rights of Muslims.
1. Applicability: Who is a Muslim?
Under Islamic jurisprudence, a person is classified as a Muslim under two categories:
- By Birth: A child born to Muslim parents. (Under Shariah, if either the father or mother is a Muslim, the child is presumed to be born a Muslim).
- By Profession (Conversion): Any person of sound mind who has attained majority and declares belief in the unity of God (Allah) and the Prophethood of Muhammad (by reciting the Kalma).
2. Primary and Secondary Sources of Muslim Law
Islamic law is structured on a strict hierarchy of sources:
| Primary Divine Sources | Secondary / State Sources |
|---|---|
| 1. The Quran: The absolute, unalterable word of God revealed to Prophet Muhammad. | 1. Customs (Urf): Pre-Islamic customary practices that are not contrary to Islamic texts. |
| 2. Sunnah & Hadith: The recorded actions, practices, and sayings of the Prophet. | 2. Judicial Precedents: Decisions of modern secular courts interpreting personal laws. |
| 3. Ijma: The consensus of opinion among Islamic jurists (Mujtahids) on a legal point. | 3. Legislation: Statutes enacted by Parliament (e.g., Muslim Personal Law (Shariat) Application Act, 1937). |
| 4. Qiyas: Analogical reasoning applying established text principles to new problems. | 4. Justice, Equity & Conscience: Principles of equity (*Isthisan* and *Istislah*). |
3. Major Schools of Islamic Law
- Sunni Schools: Divided into Hanafi (predominant in India), Maliki, Shafi, and Hanbali.
- Shia Schools: Divided into Ithna Ashari (Ja'fari), Ismaili, and Zaidiyya.