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THIS IS COVERED THE DEVELOPMENT OF MUSLIM LAW IN DIFFERENT SOCITIESLIKE SHIA SUNNIS ETC
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By Aakriti Vikas | January 15, 2020 0 Comment
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This article aims at looking into the historical development of Muslim Law in India. It is commonly known that Shariat law was followed by Muslims in ancient India. Shariat law is applicable to those persons who enjoin the faith of Islamic law. However, persons who do not follow the Islamic religion in an Islamic State are not subject to Shariat law.
existed during 991 AD. This was still the reign of Muhammad Ghori.
Slave Dynasty or Sher Shah Dynasty
During this era which included several dynasties like the Tughlak Dynasty and the Khalji
common law court.
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The Muslim law did not evaporate till the enactment of the Indian Penal Code and the procedural laws as well as the Evidence act. However, disputes with respect to natives of Calcutta (now, Kolkata) lay with the Mohammedan practices. Issues with respect to the marriage were envisaged in the Holy Quran itself (for Hindus, in Shahstras). However, with respect to trade and businesses, there was rule of law.
Introduction of Shia Law
Muslims are divided into classes on the basis of their beliefs, viz. Shia Muslims and Sunni Muslims. During 1930s the distinction between the beliefs of two classes of Muslim sects emerged and there appeared a social distinction between the two Secs, Sunnis and Shias. In 1822, the privy council of the East India Company acknowledged that the Shia sect of the Muslims had a right to be governed by their own personal laws and not follow the uniform Muslim personal law.
The Omayads wanted Ali to become the successor and show their allegiance to him while the Hashmits wanted Abu Bakar to be the successor. However, Abu Bakar was elected as the successor of the prophet and even Ali owed his allegiance to Abu Bakar.
The status quo was maintained for more than three decades and there was no huge disturbance between the Omyads and Harshmits that enraged any kind of violence. However, in the Mid-seventh century the second son of Ali revolted against the second of Abu Bakar which led to a turmoil between the two dynasties thereby causing two di erent sects knows as the Shia Muslims and the Sunni Muslims.
Sunni sect were the followers of Abu Bakar who swore their allegiance to anyone who was the successor to the prophet. Whereas, the Schiates, became the followers of Ali and his successors.
Laws of Shia and Sunni Muslims Privacy - Terms
The Shia sect expounded the principle of Imamat. According to this principle the Imam that is Ali and all his successors, shall be the theological ruler and the leader of the Sect. the Imam is believed to be the nal interpreter of all the legal principle like a Supreme Court of the country and his decisions cannot be challenged.
On the other hand, the Sunnis believed in caliphate or khilafat, wherein the caliph is believed to be a temporal ruler. It means that he governs and regulates the cats of the people of the sect for a speci c period of time and is then followed by a competent successor.
The caliph is not a religious chief but more of a political leader and ruler. The Caliphate of the Sunni Muslims had its headquarter with the caliph in Turkey. In 1924, after the emergence of the Turkish revolution, the people of Turkey overthrew the caliph and ended the Caliphate rule forever.
Shariat Act, 1937
On October 7, 1937 the British enacted the most essential and only statute to regulate the personal laws of the Muslims in India. The Act had only six sections with which it regulated all of their activities.
Section 2 of the Act enlists the matters to which the provisions of the Act shall apply. These are:
According to section 2, certain aspects which are not covered under the Act are matters relating to
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Muslim Law
Bibliography
Paras Diwan, Muslim law in modern India, 2016. Saif Mehmood, Introduction to Muslim Law, 2 edition, 2016. K. Abdul Rahiman, History of the evolution of Muslim personal law in India, Journal of Dharma, Volume 11, (p.249-263).
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Author: Aakriti Vikas
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