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  • What is Muslim Laws?
  • What is the need for Muslim Laws?
  • How is Muslim Laws legally recognized in India?
  • What are the sources of Muslim Laws?
  • What if the difference between “Waqf” and “Trust”?
  • What are the different schools of Islamic Law?

Vidhikarya will help you find a most suitable lawyer, for you in your city, who will be able to answer all your Muslim Laws related queries and also guide you on how to resolve this matter with ease.

About the Muslim Laws

Islamic Law is a branch of Muslim theology giving pragmatic articulation to the ideal which sets down how a Muslim should live as per his religion, both towards God and towards other men. Islamic Law is perceived as the commandant of God.

Sources of Muslim Laws

There are several sources of Muslim Laws, the most prominent ones are:

  • Quran – The Qur'an is the first and most critical wellspring of Islamic law. Accepted to be the immediate expression of God as uncovered to Muhammad through heavenly attendant Gabriel in Mecca and Medina, the sacred writing indicates the good, philosophical, social, political and financial premise on which a society ought to be built. The verses uncovered in Mecca manage philosophical and theological issues, though those uncovered in Medina are worried about financial laws. The Qur'an was composed and protected amid the life of Muhammad and aggregated not long after his death.

    Muslim law specialists concur that the Qur'an completely isn't a legal code (utilized as a part of the cutting-edge sense); rather its motivation is to set out a lifestyle which manages man's association with others and God. The verses of the Qur'an are classified into three fields: "exploration of theoretical religious philosophy", "moral standards" and "tenets of human lead". The third class is specifically worried about Islamic legal issues which contains around five hundred verses or one thirteenth of it. The errand of deciphering the Qur'an has prompted different suppositions and judgments. The interpretations of the verses by Muhammad's mates for Sunnis and Imams for Shias are viewed as the most credible, since they knew why, where and on what event each verse was uncovered.
  • Sunna - this refers to what the Prophet said and practised in his lifetime. What he did without explicit reference to God is observed as tradition
  • Ijma – refer to the agreement concluded amongst the Islamic jurists.
  • Qiyas – refers to the analogical deduction for problems using the above three sources.
  • Customs that were not declared to be bad by the Prophet such as customs of talaq, dower, etc.

Difference between Waqf and Trust


  • Both, in waqf as well as in trusts, the property is detained and but in waqf its usufruct is utilized for religious or charitable purposes.
  • A waqf may be constituted only for those purposes which are recognised as religious, pious or charitable in Islam whereas, a trust may be constituted for any lawful object.
  • Except under Hanafi law, the founder of a waqf cannot reserve any benefit for himself, but the founder of a trust may himself be a beneficiary.
  • The powers of a mutawalli (manager of the waqf-property) are very limited as compared to the powers of a trustee.
  • A waqf is generally perpetual and irrevocable, whereas, a trust need not be perpetual and may also be revoked under certain conditions.

Some important facts about Muslim Laws


There are several schools of Islamic Law such as Hanafi, Shafi, Ismaila, Zaydia, Maliki, Hanbali, etc.

Marriage as per Islamic Law is a contract unlike the Hindu perception of Marriage as per which Marriage is a sacrament made in the presence of God. As per Islamic Laws, a man may have upto 4 wives provided he treats all of them equally.

There is an act called ‘The Muslim Personal Law (Shariat) Application Act 1937, which aims at the application of Shariat for the muslims in India. This Act has been in force since the 1937 in India. Adoption is not a recognised concept as per Islamic Laws, however, a muslim may adopt under the Juvenile Justice (Care and Protection of Children) Act 2000.

In December 2017, Lok Sabha passed the Muslim Women (Protection of Rights on Marriage) Bill which aims at banning the practice of triple talaq.

Waqfs is a special feature of the Muslim Law. As per the Wakf Act 1954, Wakf means the permanent dedication by a person professing the Islam, of any movable or immovable property for any purpose recognized by Muslim Law as religious, pious, or charitable. A Wakf is of a permanent nature and cannot be revocable, contingent or alienable. The person giving property for a Wakf can be non-muslim provided he believes in the principles of Islam. The courts have the power of inspecting the functioning of a wakf property, and misusing a Wakf property is a criminal offence.

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