Sources of Muslim Law Shariat Application Act, 1937 Sources of Mohammedan Law

A neighbour in your building in Mumbai says a marriage, a gift or an inheritance in her family is governed by "Shariat". Another says it is governed by "Mohammedan law", and a third points to an Act of Parliament. Are these three different things? Where does the rule actually come from when a court has to decide a dispute between two Muslims? This topic answers that: the four classical sources, custom, and the modern sources through which courts and legislatures have shaped the law.

In two minutes

For Muslims in India, personal law is applied as the rule of decision in the matters listed in s.2 of the Muslim Personal Law (Shariat) Application Act 1937, and its content comes from the Quran, the Sunna, Ijma and Qiyas, supplemented by custom, precedent, legislation and justice, equity and good conscience.

The rest of this chapter

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