Understanding Muslim Law in India

Muslim law in India is based on Sharia (Islamic law) and interpreted through different schools of thought—primarily Hanafi, Shafi’, Maliki, and Hanbali, with Hanafi being the most widely followed. It is governed by The Muslim Personal Law (Shariat) Application Act, 1937, which applies to various personal matters such as:

Marriage & Divorce

• Marriage (Nikah) – A contract (Aqd) under Muslim law.
• Divorce (Talaq, Khula, Mubarat) – Follows Islamic principles, with recent modifications like the Muslim Women (Protection of Rights on Marriage) Act, 2019, which criminalized instant triple talaq.

Maintenance (Nafaqa)

• Governed by Sharia principles as well as statutory laws like Section 125 CrPC and the Muslim Women (Protection of Rights on Divorce) Act, 1986.

Succession & Inheritance

• Based on Quranic injunctions, ensuring fixed shares for legal heirs.
• Indian courts uphold these principles under Muslim Personal Law, rather than the Hindu Succession Act or Indian Succession Act.

Waqf & Charitable Endowments

• Managed under The Waqf Act, 1995 and regulated by Waqf Boards in various states.

Adoption & Guardianship

• Muslim law does not recognize adoption in the same way as Hindu law but allows guardianship under the Guardians and Wards Act, 1890.

Muslims & General Indian Laws

In criminal and other civil matters, Muslims in India are subject to general Indian laws like BNS, BNSS, CPC, and the Evidence Act, unless specifically exempted by personal law provisions.

Sources of Muslim Law

The foundation of Muslim law comes from:

• The Quran – The primary source of Islamic law, covering theology, ethics, and personal matters.
• Hadith – Sayings and actions of Prophet Muhammad, guiding legal and ethical aspects.
• Ijma (Consensus) – Agreement of scholars when the Quran and Hadith do not provide clear rulings.
• Qiyas (Analogy) – Drawing legal conclusions based on past rulings.

Categories of Muslim Law

Muslim law is broadly divided into two categories:

Ibadat (Acts of Worship) – Religious obligations, including:

• Prayer (Salah) – Five daily prayers.
• Fasting (Sawm) – Observing Ramadan.
• Zakat (Charity) – Giving to the needy.
• Hajj (Pilgrimage) – Mandatory for those who can afford it.

Muamalat (Social Transactions) – Personal and family matters, including:

• Marriage (Nikah) – A contractual agreement outlining rights and responsibilities.
• Divorce (Talaq, Khula) – Different forms of dissolution of marriage.
• Polygamy – A Muslim man can have up to four wives, provided he treats them equally.
• Inheritance – The Quran specifies fixed shares for heirs, ensuring fair wealth distribution.