INTRODUCTIONIt is understood that Muslim law or Islamic law is derived from the divine and not like the man-made laws enacted by legislators and regulated by the rules of secular law systems. Islam means allegiance to God's will which means harmony, cleanness, redemption, and obedience. Muslims affirms that only one god, Allah, exists. The traditional Islamic law or legal structure of Islam is well established as Sharia, an Arabic term that is referred to as the way in the literal sense. Sharia is derived from Allah and that is why it is considered sacred by Muslims.
Arabia, where Mohammad articulated Islam, is the origin of Muslim law. Islam's intention is to generate a sense of obedience and submission to Allah. His rules and to walk on the right path. Muslims are those who pursue this direction. Any person who professes the religion of Islam, in other words, acknowledges the oneness of God and the prophetic character of Mohammad, are Muslim according to Amir Ali.
Muslim law refers to personal matters relating to that part of society made up of people who practice Islam. It is a religious law, and it applies either by birth or by proselytization to a person who is Muslim. Islamic law, however, is focused on the responsibilities or obligations of an individual instead of his rights. The term Islam means "total surrender of oneself to God" and its adherents, i.e., Muslim means, 'she/he has submitted to God.'
SOURCES OF MUSLIM LAW
Source of law means ‘the origin of law’ or ‘from where the law has been evolved, Muslim law sources are divided into two groups, which are primary and secondary sources.
The Islamic laws abide primary sources, or we can say the basis of Muslim law is based on these sources. The primary origins of Muslim laws are:
HOLY QURAN AS A SOURCE OF MUSLIM LAW
The Quran is Allah ALMIGHTY's most detailed phrase, which is a source of inspiration for people to live life in this world. Quran, the holy book of Islam, also spelled Quran and Koran, (Arabic: "Recitation"). The Quran was unveiled by the angel Gabriel to the Prophet Muhammad in the western Arab towns of Mecca and Medina, according to traditional Islamic belief, starting in 610 and concluding with the death of Muhammad in 632 CE. "The word Quran, which already occurs in the Islamic scripture itself (e.g., 9:111 and 75:17-18), comes from the verb qara a-"to learn," "to utter.
The Quran as a whole is the Prophet Muhammad's greatest miracle that is unmatched so that at this moment in which the Quran works in the ages as the only everlasting holy book since his words are absolutely real and perfect (Masbukin 2012). Sulaiman (2015) asserted that the Quran contains miracles and characteristics that are critically and profoundly interesting to research.
Muslim law is based on Al-Quran, which is believed to have existed from infinity by the Muslim people, subsisting in God's very nature. The Quran is one that reveals fact from lies, Al-furqan i.e., and right from wrong. The first root in Muslim law is the word Quran, which is "divine communication" and revelation to the prophet of Islam.
It is the main source of Muslim law, both in terms of time and meaning. The term Quran owes its birth to the Islamic faith and Islamic culture. It is an important source of Muslim law for it includes the very word of God and is the cornerstone on which the very framework of Islam rests; the social, secular, and spiritual life of Muslims governs the man.
The holy Quran, as a complete code of life in terms of its specified morals and rules, In metaphysical and earthly matters, as well as individual and collective dimensions, guides humans about life. The Holy Qur'an, the final book of Allah Almighty announced by the Prophet Muhammad (PBUH) is Islamic law's pillar of religion and the fountainhead. It is a full book and a code for the instruction of man. This is about the entire of mankind, without ethnicity, colour, religion or time prejudice. It is the Islamic First Source, in this universe and the afterlife, law and, beyond any doubt, is the recipe for success.
The body of Islamic law which governs legal relations is made up of more than 200 verses of the Holy Quran. It is noteworthy here that all the rules in these 200 verses leave their mark on the five fundamental principles which form the very basis of the Islamic legal system.
OTHER PRIMARY SOURCES OF MUSLIM LAW
· Sunnat - The word sunnat means the trodden route & it denotes some kind of traditions and precedent, as sense indicates. It is Muslim's opinion that disclosures were of two kinds-manifest (zahir) and internal (batin). Manifest revelation is contact, in the very words of God, made by Angel Gabriel under the guidance of God to Mohammad. The Qur'an is made up of obvious discoveries.
Internal revelation is the prophet's views that are delivered from time to time on issues that have happened to be brought before him. Sunna means the prophet's patterned actions. Hadis or traditions are called the histories of what the prophet said, did or tacitly authorized.
· Ijma - It was equally binding on individuals to act on a principle that had been developed by agreement among highly qualified legal scholars of any generation (not contrary to the Quran or hadis). Ijma was defined in a specific question of law by Sir Abdul Rahim as the agreement of the jurists among the followers of Prophet Mohammad. As containing a binding precedent, the truth of ijma is based on the prophet's hadis, which states that God would not allow His people to agree on a mistake. Thus, Ijma becomes the root of law. According to the traditional theory, the best law guide is recognized as the failure of the Quran and traditions and agreement of opinion among the companions of the prophet. It is therefore the third legal source, both in terms of time and significance.
The influence of ijma as a source of Muslim law is also based on the Hadith of the Quran. The law is living & changing everything. The object of legislation is to meet society's needs. The definition of ijma is based on the text, i.e. God would not allow His people to agree on a mistake, and whatever Muslims think is good before God is good.
· Qiyas - This is the last big source of Muslim legislation. Qiyas means reasoning from over 3 sources, i.e., Quran, Sunna and Ijma, by comparison. In the Qiyas law, the exercise of reason is deduced. Qiyas may be described as a deduction mechanism by which the law of the text applies to cases which, although not covered by languages, are governed by the law of the text. It should be noted, therefore, that Qiyas does not plan to construct a new statute, but merely to extend to new situations the old existing principles.
SECONDARY SOURCES OF MUSLIM LAW
These sources are not central sources of Muslim law, but rather alternative sources of Muslim law. There are four important secondary sources of Muslim law, they are kind of supplement to the primary law. These four secondary laws are Urf or Custom, Judicial decision, Legislation and Equity, Justice, & Good conscience.
CONCLUSIONThese four sources are the key sources of law, namely the Quran, Sunna, Ijma and Qiyas. Muslim law is largely based on verses of the Quran and hadith traditions. There is a secondary source of Muslim law that follows from that. The Qiyas are not recognized by the Shia sects as the root of Muslim rule. It is because of the dedication of everyone that an orderly and structured theory of Islam's personal laws came into being that rules the Muslim community. Quran is one of the most important text and source of Muslim law but other than that there are many other sources of Muslim law like Sunnat, Qias, Ijama, Judicial decisions, legislation etc. Hence, we can conclude that HOLY QURAN IS FUNDAMENTAL BUT NOT ONLY SOURCE OF MUSLIM LAW.
1. SOURCES OF MUSLIM LAW LEGAL SERVICE INDIA - LAW, LAWYERS AND LEGAL RESOURCES, http://www.legalserviceindia.com/legal/article-1876-sources-of-muslim-law.html#:~:text=These%20four%20sources%20namely%20Quran,law%20which%20subsequent%20of%20it. (last visited Feb 2, 2021)