sharia
Sharia means “the way” and refers to the body of Islamic law. Its four primary sources in Sunni jurisprudence are the Quran, the Sunna (traditions of the Prophet, recorded in hadith), ijma (consensus of jurists) and qiyas (analogical deduction). Fiqh is the human understanding and elaboration of sharia by the schools of law (Hanafi, Shafi'i, Maliki, Hanbali, and the Shia schools).
In India, the Muslim Personal Law (Shariat) Application Act, 1937 directs that in matters such as marriage, dissolution, maintenance, dower, guardianship, gifts, trusts, wakfs and intestate succession, the rule of decision for Muslims is Muslim personal law. Criminal law does not follow sharia.
Example
Under the Shariat Application Act, 1937, intestate succession among Muslims is governed by sharia rules on sharers and residuaries.
In Indian law
- Section 2, Muslim Personal Law (Shariat) Application Act, 1937
See also
Read more in the study notes
- Development of Muslim law and its schools (Family Law II - Mohammedan Law)
- Sources of Muslim law (Family Law II - Mohammedan Law)
- Talaq and the modes of dissolution of a Muslim marriage (Family Law II - Mohammedan Law)
- Wills under Muslim law (Family Law II - Mohammedan Law)
- Hiba: gifts under Muslim law (Family Law II - Mohammedan Law)
- Wakf and the mutawalli (Family Law II - Mohammedan Law)