Shia school of muslim law pdf

One of the most essential part of a valid marriage that the parties are competent to enter into marriage contract, i. Since islam is primarily a political system, it would only make sense that it has a legal code. In muslim law, quran is the basis of the law relating to guardianship and therefore there is very little room for differences between shia and sunnis. Hussein led a majority shia army against a shia state in the iraniraq war. These laws relate to religious worship, prohibitions, and all contracts and obligations that arise in social life such as inheritance, marriage, divorce, punishments, conduct of war and the administration of the state. Nov 21, 2012 development of islamic law introduction islam means submission to the will of god and establishment of peace. Pdf sunni and shia laws of inheritance are different in their foundational. It is the duty of every muslim to obey the laws of allah, the 2 sharia law for nonmuslims. Concept of will under muslim law legal service india. Concept of marriage in muslim law legal service india.

The holy quran, tradition and ijtihad are the three main sources of islamic law which govern and regulate all aspects of a muslim s public and private life. The majority of the worlds muslim population follows the sunni branch of islam, and approximately 1015% of all muslims follow the shiite shiite, shia, shia branch. Difference of religion a nonmuslim could not inherit from a muslim but the caste disabilities removal act of 1850 does away in india with the exclusion of a nonmuslim from the inheritance of the property. However, under shia law, a marriage between a muslim male and a nonmuslim female is unlawful and void. The laws of the united states are temporary, limited and will pass away. Before the advent of islam in arabia, the arabians were following various superstitions and continue.

God has given us all the freedom of religion and the rights to live in peace. This school of the sunni muslims is named after its founder abu hanifa and is the most popular school of muslim law. D, only four schools, discussed below, were given recognition. The wakif also has the power to lay down the rules to appoint a. Marriage, in india, is a social need through which families are created. After the death of jafar, the sixth imam, majority of the shias followed musa kazim. The legal status of the muslim women 1 in bangladesh is defined by the principles of sharia through muslim personal law along with the general law which is nonreligious and secular in its. The four schools of law in islam understanding islam. Some muslim jurists insist that the proper term is islamic law and others defer to the term of muslim law or sharia.

Hence, they are eligible to inherit an estate either as a sharer or a residuary. A variety of reasons are given for one preference over another. The will shall be regulated by the rules of that school of muslim law of which the legator was a member at the time the will was executed. Since the sunni muslims and shia muslims do not agree on which hadith to use, they have. 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.

Shi a islam also called shiite, or shii is the second largest division of islam, constituting about 1015% of all muslims. After the sunnis, the shias consist of the next largest group of muslims in india. The major shia school of jurisprudence is the jafari or imami school. Pdf succession under muslim law saleem marsoof academia.

While most literature attributes the development of shia praxis to the persian. Shiite populations constitute a majority in iran, iraq, bahrain, and azerbaijan. Introduction to islamic law contents page course information. 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. Sunnishia conflicts have unfortunately occurred in various parts of the arab and muslim world, and pakistan is not immune to such conflict. These two sects formed two major schools of the muslim law. Jurisprudence and law islam reorienting the veil, university of north carolina 2009. It is the first and most popular school in muslim law. He has specialization in bail, cheque dishonour cases, civil and land matters.

The sunni muslims recognise the four caliphs as rightly. Under shia law, only the father and failing him the fathers father how high so ever, can act as a guardian in the marriage of a minor. In england, the muslim arbitration tribunal makes use of sharia family law to settle disputes, though this limited adoption of sharia is controversial. Muslim law is a religious law, and it applies to a person, who is muslim either by birth or by proselytization. Also known as islamic law, the law of islam, sharia or sharia law or even shia law. In sunni sect, there are four major schools of muslim law which are as follows a. The word islam means total surrender of oneself to god and its follower i. Also, families, in our society are the fundamental entities. There are two main schools in muslim law,there are two main schools in. Difference of religion a non muslim could not inherit from a muslim but the caste disabilities removal act of 1850 does away in india with the exclusion of a non muslim from the inheritance of the property.

Besides these four schools, there had been certain other personal schools of the sunni muslims. The islamic legal code is called sharia also shariah, meaning the way. Today, the five schools of islamic thought accepted by all muslims are the jafari, comprising 23% of the muslims. We believe shia muslim as religion should be recognized in every country and any discrimination should be brought to light. Marriage age in islamic and contemporary mus lim family. Muslim law had its origin in arabia, where the prophet mohammed started it and the mohammedan invaders in india brought the religion to india. Thus, understanding the historic roots of the shiasunni divide provide some explanations for reasons of conflict. Sunnis and shias are the two main sects of islam and both of these sects have their own schools. Pdf laws of muslim marriage from the concept of the holy quran.

Difference between shia and sunni schools muslim law youtube. The three importance schools of law among shia are isna ashari, ismaili and zaidy. Pdf laws of muslim marriage from the concept of the holy. 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. It is further divided into two branches, the usuli school, which favors the exercise of ijtihad, and the akhbari school, which holds the traditions a.

In this project conseqences of waqf will be dealt and the powers which a mutawali enjoys. Schools of muslim law imam abu hanifa was the founder of hanafi school 8 0 a. Male lines inherit, unless fixed shares vary that result. A sunni muslim cannot marry his wifes aunt or his wifes niece on the ground of unlawful conjunction. As far as shia or sunni male is concerned, i dont think they find any difficulty by marrying with a sunni or shia girl, respectively. In the name of allah, most gracious, most merciful islaamic sharia law based on quraan, sunnah and ijtihaad. With the spread of codified state laws in the muslim world, i. The chart below gives a clear picture of the different schools of muslim law. The five schools of islamic thought inquiries about shi. Like other religions in india, islam is also a strong advocate of marriage. Marriage age in islamic and contemporary muslim family laws.

A father has no power to appoint any person as guardian for marriage by his will. For example, if the legator was a shia muslim at the time he wrote the will, then only wills shia law is enforceable. Shia sect is considered as the minority in the muslim world. Whatever is left after the death of a muslim is his heritable property. However, islamic law is based on a mans duties or obligations rather than his rights. The shia movement dates from the period when a group of muslims wanted ali ibn abu talib, the cousin and soninlaw of the prophet, to become the khalifa instead of abu bakr, who had been elected the first khalifa following the death of muhammad in 632. Mar 22, 2018 shia school imam jafar as sadik, the sixth imam of imamias founded the shia school and hence, the shia school is earlier than the sunni school. Islam, unlike other religions is a strong advocate of marriage. Where a deceased muslim has no legal heir under muslim law, his properties are inherited by government through the process of escheat.

Mission no shia above the law and no shia below the law shia rights watch is dedicated to protect the rights of shia muslims worldwide. According to this school, they considered ijmaa as the important source of the muslim law and provide validity to the customs of the islamic people and follows more methods of hanafi school. Jun 05, 2018 where a deceased muslim has no legal heir under muslim law, his properties are inherited by government through the process of escheat. After the death of fourth imam, zaynul abidin, one faction of the shias. The ibadi legal school, distinct from sunni and shia madhhabs, is predominant. The islamic law of inheritance is a combination of the preislamic customs and the rules introduced by the prophet. He is enrolled with the bar council of karnataka in 1998. He first studied scholaristic divinity, but soon abandoned i t in favour of jurisprudence. There are four important schools of law among sunni.

Islamic jurisprudence 10 muslim law 37 some readings in islamic jurisprudence 58. Waqf is very unique and beneficial for poverty alleviation programmes. The shia muslims, on the other hand, believe that the successor to the leadership of the muslim community both in spiritual and temporal matters was the prophets cousin and sonin law, ali, and that this leadership was to continue thereafter by heredity through ali in the prophets family. Shia school imam jafar as sadik, the sixth imam of imamias founded the shia school and hence, the shia school is earlier than the sunni school. Under the muslim law, a valid marriage is that which has been constituted in accordance with the essential conditioned prescribed earlier. Science temple, the nation of islam, and the american society of muslims pdf. The city of koofa in iraq was then the capital khilafath. It is said that there is no celibacy in a muslim marriage. Also, the will is governed by the rules of that school of muslim law to which the legator belonged at the time of execution of the will. The personal laws play a vital role in governing the conflicting interest of the individuals. A sunni muslim can marry not only a muslim woman, but also a kitabia i.

Likewise, saudi arabia, in conjunction with attempts to strengthen its branch of sunni islam, has denounced other sunni powers like the muslim brotherhood. In india, the muslim personal law shariat application act provides for the use of islamic law for muslims in several areas, mainly related to family law. 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. For example, while egypts military blocked the muslim brotherhood s efforts in this direction in 20, 74% of egypts muslims still favor it. In addition to these, hanafi accepted local customs as a secondary source of the law. For example, if the legator was a shia muslim at the time when he wrote the will, only shia law of will is made applicable. As im married to a shia girl, therefore, im eligible to answer it. The basis on which all schools of islamic jurisprudence developed their doctrines. Schools of muslim law history, their difference, practice obtainable. These schools are based on the following of ithnaashari laws. Sunni school and shia school here i have particularly explained the types of. Shia inheritance law sunni law follows principles of preislamic custom, changing those rules as specified in the quran and by the prophet. The five schools of islamic thought inquiries about shia.

After a period of time, three distinguished scholars categorized these 400 usul in four books which are the main sources of hadith for the shia school of thought. Thus, the school definitively established the quran, the traditions of the prophet, ijma and qiyas as the basis of islamic law. Jan 24, 2012 the shia movement dates from the period when a group of muslims wanted ali ibn abu talib, the cousin and sonin law of the prophet, to become the khalifa instead of abu bakr, who had been elected the first khalifa following the death of muhammad in 632. What is the difference between shia and sunni schools of. This school is the motazila sectschool of muslim law.

Development of islamic law introduction islam means submission to the will of god and establishment of peace. Islams sharia law is cast from the words of muhammad, called hadith, his actions, called sunnah, and the quran, which he dictated. The sharia law itself cannot be altered but its interpretation, called fiqh, by muftis islamic jurists is given some latitude. This article summarizes the different branches and schools in islam. The legal status of the muslim women 1 in bangladesh is defined by the principles of sharia through muslim personal law along with the general law which is. A comparative survey by andrea buchler and christina schlatter 39 islamic scholar and imam jafar ibn muhammad alsadiq. Later on, the sunnis further spitted into several subsects in themselves, each sect representing a distinct school of sunni law. Its name comes from the word sunnah, referring to the behaviour of the islamic prophet muhammad. Do shia and sunni muslims have the same sharia laws.

Today in this video,i have covered the schools of muslim law. Shia law deduces principles from quranic amendments and. He graduated in law in the year 1995 from law college bangalore. They enjoy the political power only in iran though they dont have the majority in that state also. Most shia muslims follow the jafari school of thought. Sources of islamic law post graduate institute of law. Islamic law is perfect, universal and eternal since it is based on the koran the words of allah and mohammeds words and deeds.

Before the advent of islam in arabia, the arabians were following various superstitions and continue reading class notes on family. As a legal system, the sharia law is exceptionally broad. The best known split, into sunni islam, shia islam, and kharijites, was mainly. Difference between shia and sunni law of marriage and divorce. According to them, the imam is the final interpreter of the law. A madhhab is a school of thought within fiqh islamic jurisprudence. In many countries where an official secular legal system exists alongside the sharia law, the majority of their muslim citizens favor making sharia the official law. Under muslim law, testamentary guardian for marriage is not recognised. Kinds of guardianship in muslim law and minors property. This property can be movable or immovable and ancestral or selfacquired. The source of the sharia is the koran and the sunna found in the sira and the hadith. Male lines of descent and ascent favored over female lines. Although there are differences of opinions amongst these.