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Source of Muslim law for CLAT - Practice Questions & MCQ

Edited By admin | Updated on Sep 25, 2023 25:47 PM | #CLAT

Quick Facts

  • 16 Questions around this concept.

Solve by difficulty

Read the following passage and answer the question.

Quran is a primary source of Muslim law, in point of time as well as in importance. The Islamic religion and Islamic society owe their birth to the word of the Quran. It is a paramount source of Muslim law in point of importance because it contains the very word of god and it is the foundation upon which the very structure of Islam rests Quran regulates the individual; social, secular, and spiritual life of Muslims.

Internal revelation is the opinions of the prophet which is delivered from time to time on questions that happened to be raised before him. Sunna means the model behavior of the prophet. The narrations of what the prophet said, did, or tacitly allowed are called hadis or traditions. The traditions, however, were not reduced to writing during the lifetime of Mohammad. They have been preserved as traditions handed down from generation to generation by authorized persons. The importance of hadith as an important source of Muslim law has been laid down in the Quran itself.

The authority of ijma as a source of Muslim law is also founded on Quran and Hadith. The law is something living & changing. The aim of the law is to fulfill the needs of the society. The principle of ijma is based upon the text i.e. god will not allow His people to agree on an error and whatever Muslims hold to be good is good before god. Muslim religion does not admit the possibility of further revelation after the death of the prophet, the principle of ijma is the only authority for legislation in the present Muslim system.

Qiyas may be defined as a process of deduction by which the law of the text is applied to cases, which though not covered by the languages are governed by reason of text. Thus, it should be noted that Qiyas does not purport to create a new law, but merely to apply old established principles to new circumstances.

Question :

The manner to do prayers in the Muslim community is almost uniform all around the world. The basic source of this uniform manner is derived from which of the following?

Read the following passage and answer the question.

Quran is a primary source of Muslim law, in point of time as well as in importance. The Islamic religion and Islamic society owe their birth to the word of the Quran. It is a paramount source of Muslim law in point of importance because it contains the very word of god and it is the foundation upon which the very structure of Islam rests Quran regulates the individual; social, secular, and spiritual life of Muslims.

Internal revelation is the opinions of the prophet which is delivered from time to time on questions that happened to be raised before him. Sunna means the model behavior of the prophet. The narrations of what the prophet said, did, or tacitly allowed are called hadis or traditions. The traditions, however, were not reduced to writing during the lifetime of Mohammad. They have been preserved as traditions handed down from generation to generation by authorized persons. The importance of hadith as an important source of Muslim law has been laid down in the Quran itself.

The authority of ijma as a source of Muslim law is also founded on Quran and Hadith. The law is something living & changing. The aim of the law is to fulfill the needs of the society. The principle of ijma is based upon the text i.e. god will not allow His people to agree on an error and whatever Muslims hold to be good is good before god. Muslim religion does not admit the possibility of further revelation after the death of the prophet, the principle of ijma is the only authority for legislation in the present Muslim system.

Qiyas may be defined as a process of deduction by which the law of the text is applied to cases, which though not covered by the languages are governed by reason of text. Thus, it should be noted that Qiyas does not purport to create a new law, but merely to apply old established principles to new circumstances.

Question :

It is written in Shariat that man should not dig his grave with his own hands. It means that any self-destructive or self-sabotaging act must be avoided. Applying this it can be safely said that strict interpretation of Muslim Personal Law does not allow Euthanasia in any form. This is an example of

Read the following passage and answer the question.

Quran is a primary source of Muslim law, in point of time as well as in importance. The Islamic religion and Islamic society owe their birth to the word of the Quran. It is a paramount source of Muslim law in point of importance because it contains the very word of god and it is the foundation upon which the very structure of Islam rests Quran regulates the individual; social, secular, and spiritual life of Muslims.

Internal revelation is the opinions of the prophet which is delivered from time to time on questions that happened to be raised before him. Sunna means the model behavior of the prophet. The narrations of what the prophet said, did, or tacitly allowed are called hadis or traditions. The traditions, however, were not reduced to writing during the lifetime of Mohammad. They have been preserved as traditions handed down from generation to generation by authorized persons. The importance of hadith as an important source of Muslim law has been laid down in the Quran itself.

The authority of ijma as a source of Muslim law is also founded on Quran and Hadith. The law is something living & changing. The aim of the law is to fulfill the needs of the society. The principle of ijma is based upon the text i.e. god will not allow His people to agree on an error and whatever Muslims hold to be good is good before god. Muslim religion does not admit the possibility of further revelation after the death of the prophet, the principle of ijma is the only authority for legislation in the present Muslim system.

Qiyas may be defined as a process of deduction by which the law of the text is applied to cases, which though not covered by the languages are governed by reason of text. Thus, it should be noted that Qiyas does not purport to create a new law, but merely to apply old established principles to new circumstances.

Question :

Statement 1-Invalidating triple Talaq in India is the negation of principles laid down under the Al-Quran. 

Statement 2-This means that the law of the land can negate the personal laws

Read the following passage and answer the question.

Quran is a primary source of Muslim law, in point of time as well as in importance. The Islamic religion and Islamic society owe their birth to the word of the Quran. It is a paramount source of Muslim law in point of importance because it contains the very word of god and it is the foundation upon which the very structure of Islam rests Quran regulates the individual; social, secular, and spiritual life of Muslims.

Internal revelation is the opinions of the prophet which is delivered from time to time on questions that happened to be raised before him. Sunna means the model behavior of the prophet. The narrations of what the prophet said, did, or tacitly allowed are called hadis or traditions. The traditions, however, were not reduced to writing during the lifetime of Mohammad. They have been preserved as traditions handed down from generation to generation by authorized persons. The importance of hadith as an important source of Muslim law has been laid down in the Quran itself.

The authority of ijma as a source of Muslim law is also founded on Quran and Hadith. The law is something living & changing. The aim of the law is to fulfill the needs of the society. The principle of ijma is based upon the text i.e. god will not allow His people to agree on an error and whatever Muslims hold to be good is good before god. Muslim religion does not admit the possibility of further revelation after the death of the prophet, the principle of ijma is the only authority for legislation in the present Muslim system.

Qiyas may be defined as a process of deduction by which the law of the text is applied to cases, which though not covered by the languages are governed by reason of text. Thus, it should be noted that Qiyas does not purport to create a new law, but merely to apply old established principles to new circumstances.

Question :

An obsolete and redundant practice given expressly under the Holy Quran can be negated by the collective will of will. This statement is-

In the famous case of Shayara Bano v. Union of India & Others, the Indian Supreme Court looked at the "Triple Talaq" custom as it applied to Muslim personal law. Which of the following best captures the core of the judgement of this practise?

Read the given passage and answer the following question

Quran is a primary source of Muslim law, in point of time as well as in importance. The Islamic religion and Islamic society owe their birth to the word of the Quran. It is a paramount source of Muslim law in point of importance because it contains the very word of god and it is the foundation upon which the very structure of Islam rests Quran regulates the individual; social, secular, and spiritual life of Muslims.

Internal revelation is opinions of the prophet which is delivered from time to time on questions that happened to be raised before him. Sunna means the model behavior of the prophet. The narrations of what the prophet said, did, or tacitly allowed are called hadis or traditions. The traditions, however, were not reduced to writing during the lifetime of Mohammad. They have been preserved as traditions handed down from generation to generation by authorized persons. The importance of hadith as an important source of Muslim law has been laid down in the Quran itself.

The authority of ijma as a source of Muslim law is also founded on Quran and Hadith. The law is something living & changing. The aim of the law is to fulfill the needs of the society. The principle of ijma is based upon the text i.e. god will not allow His people to agree on an error and whatever Muslims hold to be good is good before god. Muslim religion does not admit the possibility of further revelation after the death of the prophet, the principle of ijma is the only authority for legislation in the present Muslim system.

Qiyas may be defined as a process of deduction by which the law of the text is applied to cases, which though not covered by the languages are governed by reason of text. Thus, it should be noted that Qiyas does not purport to create a new law, but merely to apply old established principles to new circumstances.

Question:

It is written in Shariat that man should not dig his grave with his own hands. It means that any self-destructive or self-sabotaging act must be avoided. Applying this it can be safely said that strict interpretation of Muslim Personal Law does not allow Euthanasia in any form. This is an example of-

The "Uniform Civil Code for the Citizens" is discussed in Article 44 of the Indian Constitution, which is a section of the Directive Principles of State Policy. How does Article 44 relate to or have an effect on Muslim Personal Law in India?

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Concepts Covered - 1

Source of Muslim Law

"Muslim law," also known as Islamic law or Sharia, refers to the body of legal principles and rules that govern the lives of Muslims in accordance with the teachings of Islam. Muslim law encompasses a wide range of legal, ethical, and moral guidelines derived from the Quran (the holy book of Islam) and the Hadith (the sayings and actions of the Prophet Muhammad). It serves as a comprehensive framework for various aspects of a Muslim's life, including personal, family, civil, and criminal matters.

Key elements covered by Muslim law includes:

  • Personal Status: Muslim law addresses personal matters such as marriage, divorce, guardianship, and adoption. It prescribes rules for conducting these aspects of life in accordance with Islamic principles.
  • Family Law: This aspect of Muslim law deals with issues related to family and inheritance, including rules for the distribution of property among heirs, the treatment of spouses and children, and the payment of dowry (mehr).
  • Criminal Law: Islamic criminal law (hudud) includes punishments for offenses such as theft, adultery, and apostasy. These punishments are derived from religious texts and can vary in their application in different Muslim-majority countries.
  • Commercial and Contract Law: Muslim law provides guidelines for commercial transactions and contracts. It encourages honesty and fairness in business dealings and prohibits practices considered unethical, such as charging or paying interest (usury or riba).
  • Ethical and Moral Guidelines: Muslim law includes ethical and moral principles that guide the conduct of individuals in their personal and social lives. These principles cover areas such as honesty, integrity, charity, and compassion.

Muslims Laws :

1. The Quran: The Quran, considered the literal word of God as revealed to the Prophet Muhammad, is the ultimate and most authoritative source of Muslim law. It encompasses a wide range of laws and principles governing various aspects of life, including family matters. For example, the Quranic verses (Surah Al-Baqarah, 2:228-232) establish rules for divorce, waiting periods (Iddat), and the financial responsibilities of husbands during and after divorce.

2. Hadith: Hadith refers to the traditions, sayings, actions, and approvals of the Prophet Muhammad. These traditions provide valuable context and practical application of the Quranic teachings. One well-known Hadith relates to marriage: "When a person whose religion and character you are satisfied with comes to you, then marry him." This Hadith emphasizes the importance of character and faith in choosing a spouse.

3. Ijma (Consensus): Ijma represents the consensus or unanimous agreement among recognized Islamic scholars on a specific legal issue. It's a crucial source for resolving questions that aren't explicitly addressed in the Quran or Hadith. For instance, there is Ijma among scholars that a Muslim woman's consent is necessary for a valid marriage.

4. Qiyas (Analogical Reasoning): Qiyas allows Islamic jurists to apply existing legal principles to new situations through analogy. For example, although the Quran does not mention online marriages explicitly, scholars may use Qiyas to apply traditional marriage principles to digital weddings, ensuring they follow Islamic requirements.

5. Istihsan (Juristic Preference): Istihsan permits jurists to prefer one interpretation or ruling over another when they believe it serves the best interests of justice and society. For instance, if a wife faces severe financial hardship after divorce, a judge may use Istihsan to grant her a more substantial maintenance amount.

6. Custom (Urf): Local customs and practices within a Muslim community can influence the application of Muslim personal law. However, these customs must not contradict established Islamic principles. For example, in some Indian Muslim communities, specific rituals or traditions may accompany marriage ceremonies, which are considered customary but not against Islamic law.

7. Precedent: While less prominent in traditional Islamic law, precedent or judicial decisions can become a source of law in modern legal systems. Indian courts may sometimes rely on previous judgments to interpret and apply Muslim personal law consistently.

Indian Constitution and Muslim Personal Law:

  • Article 25 of the Indian Constitution guarantees the freedom of religion, allowing individuals to follow their own personal laws based on their faith. This constitutional provision safeguards the autonomy of religious communities in personal matters.
  • Article 44 of the Constitution, known as the Uniform Civil Code (UCC), aims to create a common set of laws for all citizens, irrespective of their religion. However, the implementation of a UCC remains a matter of debate and discussion in India due to its potential implications for diverse personal laws, including Muslim personal law.

Case Law Example : Triple Talaq Case (Shayara Bano v. Government of India):

  • Background: The case revolved around the practice of instant triple talaq in which Muslim men could divorce their wives by saying "talaq" three times, often in a single setting, without any legal or judicial process.
  • Petitioners: Shayara Bano and other Muslim women initiated the case, arguing that triple talaq violated their fundamental rights and sought its abolition.
  • Supreme Court Intervention: The Supreme Court of India took notice of the issue and formed a five-judge constitutional bench to examine the constitutional validity of triple talaq.
  • Arguments: The petitioners contended that triple talaq violated the fundamental rights of Muslim women, including the right to equality, dignity, and non-discrimination.
  • Government's Position: The Indian government supported the petitioners and argued that triple talaq should be declared unconstitutional.
  • Supreme Court Verdict: In August 2017, the Supreme Court ruled that instant triple talaq was unconstitutional, arbitrary, and violated the rights of Muslim women. It held that the practice was not an essential religious practice and therefore not protected by Article 25 of the Indian Constitution.
  • Impact: The verdict effectively invalidated instant triple talaq, providing Muslim women with legal protection and recourse in cases of arbitrary divorce. It was celebrated for promoting gender justice and upholding the principles of equality and non-discrimination.
  • Scope: The judgment did not address other forms of talaq, such as talaq-e-ahsan and talaq-e-hasan, which involve waiting periods and greater procedural safeguards.

 

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