kalu_miah
SENIOR MEMBER
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Is Hasina going beyond what they have in India for Muslim family law:
Law of India - Wikipedia, the free encyclopedia
Muslim law
Indian Muslims' personal laws are based on the Sharia, which is partially applied in India.[24] The portion of the fiqh applicable to Indian Muslims as personal law is termed Mohammedan law.[25] Despite being largely uncodified, Mohammedan law has the same legal status as other codified statutes.[26] The development of the law is largely on the basis of judicial precedent, which in recent times has been subject to review by the courts.[26] The contribution of Justice V.R. Krishna Iyer in the matter of interpretation of the statutory as well as personal law is significant. The very Source of the Muslim law are divided into two categories : (1) Primary Source (2) Secondary Source
1)"Primary Source" As per Sunni Law:
Quran
Sunna or Ahdis (Tradition of the Prophet)
Ijma (Unanimous Decision of the Jurists)
Qiyas ( Analogical deduction)
As per Shia Law:
Quran
Tradition (only those that have come from the family of the Prophet)
Ijma (only those confirmed by Imams)
Reasons
2. "Secondary Source"
Custom
Judicial Decisions
Legislation
Salient Feature of Quran:
Divine Origin
First Source
Structure
Mixture of Religion, Law and Morality
Different Forms of Legal Rules
Unchangeable
Law of India - Wikipedia, the free encyclopedia
Muslim law
Indian Muslims' personal laws are based on the Sharia, which is partially applied in India.[24] The portion of the fiqh applicable to Indian Muslims as personal law is termed Mohammedan law.[25] Despite being largely uncodified, Mohammedan law has the same legal status as other codified statutes.[26] The development of the law is largely on the basis of judicial precedent, which in recent times has been subject to review by the courts.[26] The contribution of Justice V.R. Krishna Iyer in the matter of interpretation of the statutory as well as personal law is significant. The very Source of the Muslim law are divided into two categories : (1) Primary Source (2) Secondary Source
1)"Primary Source" As per Sunni Law:
Quran
Sunna or Ahdis (Tradition of the Prophet)
Ijma (Unanimous Decision of the Jurists)
Qiyas ( Analogical deduction)
As per Shia Law:
Quran
Tradition (only those that have come from the family of the Prophet)
Ijma (only those confirmed by Imams)
Reasons
2. "Secondary Source"
Custom
Judicial Decisions
Legislation
Salient Feature of Quran:
Divine Origin
First Source
Structure
Mixture of Religion, Law and Morality
Different Forms of Legal Rules
Unchangeable