CONCEPT OF MUSLIM LAW

Mohammedan Law in India means " that portion of Islamic Civil Law ehich is applied to Muslims as a personal Law" ( Fyzee). It consists of the injunctions of Quran  of the legislation introduced by the 'practice' of the Prophet ( Sunna) of the common opinion of the jurists (Ijma), of the analogical deductions of these three ( Qiyas)  and of the Pre-Islamic customs not abrogated by the Prophet Mohammad. Further, it has been supplemented by the juristic preference ( Istihasan), public policy (Istislah), precedents ( Taqlid) and independent interpretation ( Ijtihad). It has been further supplemented and modified by State Legislation and modern judicial precedents of the High Courts and the Supreme Court of India and also of the Privy council.

Muslim conception of Law

There are mainly two different conceptions of law, one of divine origin as is the case with the Hindu Law and Islamic Law and another man-made, Muslim Law  is founded upon revelation and is blended with religion. There is in Islam, a doctrine of 'Certitude'(ilm al-Yaqin)  in the matter of good and evil. Human beings due to their weakness cannot understand what is good and evil, unless in the matter they are guided by the inspired Prophet. What is morally beautiful, that must be done, and what is morally ugly must not be done. That is law of Shariat and nothing else can be law. This is the view of Muslim jurists. In the words of Abdul Rahim-Law ( Hukum) is this which is established by communication from God with reference to man's act expressive either of demand or indifference on his part or being merely declaratory.  Shariat is law in the wider sense. Law proper , in Islam is Fiqh and it differs from Shariat. Fiqh literally means intelligence and covers the whole science of jurisprudence. It implies the independent exercise off intelligence as regards points of law in the absence of their solution by the Quran or Hadis. Fiqh has been defined by the Muslim jurists as the knowledge of on's right and obligation derived from Quran or Hadis or deduced therefrom or about which the learned have agreed. 

Islamic conception of Law, Shriat and Fiqh is connected with religion. Thus, the postulates of Muslim jurisprudence are  as follows:

1. The first postulate is Iman or faith in God and acknowledgment of  His authority over our actions.
2. The second is the belief in the Prophethood of Mohammad.

God alone is the legislator in Islam and Quran is the Holy law book. Next to God, sovereign power is in people. It is therefore, not possible to draw an sharp line of demarcation between law and religion. In the words of Mr. Justice Mahmood, " Hindu and Mohammedan Law are so intimately connected with religion that they cannot readily by dissevered from it."

Who is Mulsim ?

According to Aghnides a Muslim is (i) one who believes in the mission of Mohammad as Prophet, or (ii)  one, who says that there is one God and that Mohammad is "His Prophet" or (iii) open who believes in number of other essential beliefs in God and Mohammed. Amir Ali says ," Any person who professes the religion of Islam in other words, accepts the unity of God and the prophetic character of Mohammad is a Muslim." This view has been followed in Narautakath v Parakhal, God and Mohammad is the Prophet and any belief in excess of this is at least for law Courts a redundancy.

It is not necessary that a Mohammedan be so by birth. In fact Islam depends on belief. A man can be Mohammedan even by profession or by conversion. According to Shariat if one of the parents is Mohammedan, the child will be Mohammedan. However in India it was held in Skinner v. Orde, that the child is presumed to belong to the religion of the father. A person born a Mohammedan continues to be Mohammedan until be renounces Islam.

Five Duties of Muslim

There are also five duties laid down for the Muslims by the Prophet. They are ordered to follow them:

• Kalma:- It is the duty of every Muslim to recite Kalma. Kalma implies certain Hymns proclaiming the unity of God accepting Mohammad as Prophet.
• Namaz:- Every Muslim must say prayers ( Namaz) five times a day and on every Friday he must offer his afternoon prayer at the Mosque.
• Zakat:- It is the duty of every Muslim to offer Zakat or charity to the poor and needy.
• Ramzan:- The most pious duty of every Muslim is to observe fasts in the holy month of 'Ramzan'.
• Haj:- Every Muslim should go for Haj or pilgrimage to Mecca at least once in his/her lifetime.