top of page

What do you mean by Indian Muslim Law and Doctrine of Certitude

Indian Muslim law in India means "That portion of Islamic civil law which is applied to Muslims as a personal law". It is founded upon "Al-Quran".

Indian Muslim Law
The portion of Islamic Civil Law which is applied to Muslims as personal law

In religious sense Islam means, 'Submission to the will of God' and in secular sense Islam means 'The establishment of peace'.

There are mainly two different conceptions of Indian Muslim Law, One, of the divine origin as in the case with "The Hindu Law" and another man made. This Law is founded upon revelations and is blend with religion.

In Indian Muslim Law and Islam, there is a doctrine of certitude (ilm-ul-yaqin) in the matter of God and Evil. What is morally beautiful that must be done , and what is morally ugly that must not be done. This is law of shariat which means the totality of Allah's Commandment. It is a doctrine of duties.

The Indian Muslim Law system differs from other modern systems, in the sense that it purports to have as sole source of divine, that will be communicated , on its final form, through a single human channel. God alone is the legislator in Islam and has supreme legislative power in the Islamic system.

Since laws are needed for the benefit of the community, The Divine legislator has delegated the power to lay down laws to those men who are in the community and are competent enough on that behalf, i.e Mujtahids (Muslim scholar).

In Indian Muslim Law , the legal rules are so deeply connected with the moral and religious rules that it is difficult to separate them. In the words of Mr. Justice Mohmood "Hindu and Indian Muslim Law are so intimately connected with the religion that they cannot be dissevered from it".

In fact, A greater portion of Mohammedan law is founded upon the holy Quran. Quran did not sweep away the existing laws but made a greater number of amendments based on a few common principles. These amendments have been differently interpreted by the Sunnis and Shias.

Here's an interesting fact, Shariat Act was recognized and implemented by the British in early 1937 and since then it is followed in Indian in various matters either its related to divorce , marriage , succession among Muslims. For dealing various issues , various acts are made under Indian Muslim law which deals in particular issues like : The Dissolution Of Marriage Act,1939 deals with divorce related issues in Muslim women.

bottom of page