Basics of Muslim Law

Marriage under Muslim Law

Table of Contents

Who is a Muslim?

A Muslim is a follower of Islam, a monotheistic Abrahamic faith rooted in the divine teachings revealed to Prophet Muhammad (PBUH). The foundational scriptures of Islam are:

  • The Quran – the word of Allah.
  • The Hadith – the sayings, actions, and approvals of Prophet Muhammad.

The core belief of a Muslim is:

🕌 “There is no god but Allah, and Muhammad is His final messenger.”

Every Muslim lives by this creed and practices the Five Pillars of Islam:

  1. Shahada (Faith): Declaration of faith.
  2. Salah (Prayer): Five daily prayers facing Mecca.
  3. Zakat (Charity): 2.5% annual charity to the needy.
  4. Sawm (Fasting): Fasting during Ramadan.
  5. Hajj (Pilgrimage): Once-in-a-lifetime pilgrimage to Mecca.

Sources of Muslim Law

1. The Quran – The Divine Revelation

The Quran is the supreme source of Islamic law, revealed over 23 years (609–632 CE).

  • Standardized as Usman’s Codex.
  • Comprehensive spiritual and legal guidance.
  • Contains ~6,000 verses; 2,000 are legal, 80 about personal laws.

2. Hadith – The Traditions of the Prophet

The Hadith includes the Prophet’s sayings, actions, and approvals. It complements the Quran.

  • Compiled in the 9th century.
  • Over 170,000 narrations collected.

3. Ijma – Scholarly Consensus

Ijma is consensus among scholars on issues not covered explicitly in Quran or Hadith.

  • Accepted more in Sunni law than Shia law.
  • May include first three generations of scholars.

4. Qiyas – Analogical Reasoning

Qiyas applies existing principles to new situations.

“How will you decide cases?” the Prophet asked Mu’adh ibn Jabal.
“By the Quran. If not found there, then the Hadith. If still unresolved, then by my own reasoning (Qiyas).”

Summary of Sources

Source Meaning Authority Level Purpose
Quran Word of God revealed to the Prophet Primary Foundation of law and guidance
Hadith Traditions of the Prophet Primary Explains and supports Quranic teachings
Ijma Consensus of scholars Secondary Community agreement on new issues
Qiyas Analogical reasoning Tertiary Applies existing law to new situations

Schools of Muslim Law

After the death of Prophet Muhammad, a significant disagreement arose in the Muslim community regarding his successor, as the Prophet had not appointed one. This led to the formation of two major sects in Islam:

1. Sunni Muslims

The Sunni community elected Abu Bakr as the first Caliph. Four major schools emerged:

  • Hanafi: Founded by Abu Hanifa. Developed by Imam Mohammed and Imam Abu Yusuf. Emphasizes Qiyas and Ijma. Prevalent in India, Pakistan, Turkey.
  • Maliki: Founded by Malik ibn Anas. Focuses on Hadiths. Found in Morocco, Turkey, North Africa.
  • Shafei: Founded by Muhammad ibn Idris Ash-Shafei. Combines Hanafi and Maliki methods. Found in Egypt, India, Indonesia.
  • Hanbali: Founded by Ahmad ibn Hanbal. Strictly follows Quran and Hadith. Dominant in Saudi Arabia.
2. Shia Muslims

The Shia community believed Ali, the Prophet’s cousin and son-in-law, was the rightful successor. Major schools include:

  • Ithna Ashari (Twelvers): Largest Shia sect. Based in Iran and Iraq. Belief in 12 Imams. Permits Mut’a marriage.
  • Ismaili (Seveners): Recognize seven Imams. Found in parts of Asia and Africa.
  • Zaidi: Founded by Imam Zaid. Believes the Imam should be chosen on merit. Imam is both political and spiritual leader.
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