In the case of Narantakath v. Prakkal (1922) ILR 45 Mad 986, it was established that Muslim belief rests upon two core tenets: the affirmation of God's existence and unity, and the acceptance of the truth of Prophet Mohammed's mission.

Development of Muslim Law

Muslim Law, also known as Islamic Law, is believed to have originated from divine sources, with revelations communicated to Prophet Muhammad and codified in the Quran.

1. The First Period: The foundational period of Muslim Law began with the birth of Prophet Muhammad in 570 AD. His initial revelations, occurring at the age of 40, marked the commencement of AH 1. Initially met with skepticism, his teachings gained traction, particularly with followers such as Abu Bakr, who later became the First Caliph. The period from AH 1 to AH 11, spanning the last decade of the Prophet's life, witnessed significant developments in Muslim Law. During this time, the entirety of the Quran was revealed, alongside the compilation of Ahadis, which record the Prophet's sayings and deeds.

2. The Second Period: Following the Prophet's demise without a designated successor, Abu Bakr was elected as the first Caliph by his followers, inaugurating the era of the Caliphate. This period saw the compilation and finalization of the Quranic texts under the reign of Caliph Osman, ensuring the authenticity of the scripture.

3. The Third Period: With the death of Ali, the Fourth Caliph, the Muslim world entered a new phase of legal development. The division between Sunnis and Shias solidified, leading to the emergence of distinct legal schools within each sect. This period witnessed systematic efforts to collect and codify legal traditions.

4. The Fourth Period: Beginning around 962 AD during the Abbasid rule, this period saw a concerted effort by jurists to elaborate and refine Muslim law. Concepts such as ijtihad (independent reasoning) and Taqlid (adherence to established legal principles) were formulated, contributing to the doctrinal richness of Islamic jurisprudence.

5. The Fifth Period: Marked by the decline of the caliphate and the onset of British colonial rule, the fifth period witnessed a shift towards legislative governance. The autonomy of jurists in legal development waned, as legislation became the primary mechanism for legal evolution. In India, the Muslim Personal Law was preserved, albeit with certain reforms introduced through legislation such as the Muslim Dissolution of Marriage Act, 1939. The Shariat Act, 1937, aimed to consolidate the application of Muslim law, despite the encroachment of common law principles in various areas.

Sources of Muslim Law

The principal sources of Muslim law comprise the Quran, the Sunnat (traditions of the Prophet), the Ijma (consensus of Islamic scholars), and the Qiyas (analogical reasoning). Secondary sources include judicial precedents, customs, and legislation.

Primary sources:

1. Quran - The Quran, derived from the Arabic word "Qurra," meaning "to read," constitutes the divine revelation bestowed upon Prophet Mohammed by the angel Gabriel over a period spanning from 609 to 632 A.D. The Quran was revealed incrementally, reflecting various societal contexts and challenges encountered during Mohammed's lifetime. Initially transcribed on palm leaves, animal skins, or parchment, the Quran was subsequently compiled into its current form. Comprising 114 chapters (suras) and 6666 verses (ayats), with a total of 77,934 words, it addresses a wide array of legal principles, including marriage, inheritance, and property rights. The Quran's immutable nature precludes any alteration or revision by human entities, with translations into numerous languages facilitating broader accessibility.

In Aga Mohammad Jaffer v. Koolsom Beebee and others, a judgment rendered by the Privy Council on 7th April 1897, it was emphasized that interpretations of Quranic passages must align with established Islamic legal texts, with no room for deviation by judges.

2. Sunnat - Sunnat, also known as Hadis or Sunna, encompasses the traditions of Prophet Mohammed, serving as a supplementary source of Islamic law. Unlike the Quran, which comprises Allah's words, Sunnat encapsulates the Prophet's actions, statements, and tacit approvals. These traditions, categorized into various forms such as Sunnat-ul-Fail, Sunnat-ul-Tuqrir, and Sunnat-ul-Qaul, offer insights into Mohammed's conduct and pronouncements, guiding adherents in matters of faith and practice.

3. Ijma - Ijma denotes the consensus among Muslim jurists on legal matters where Quranic injunctions and Sunnat fail to provide explicit guidance. This collective decision-making process, undertaken by learned scholars (Mujtahids), draws authority from both Quranic teachings and the Sunnat, ensuring consistency with established Islamic principles.

4. Qiyas - Qiyas, or analogical reasoning, constitutes the fourth primary source of Islamic law, enabling juridical extrapolation in situations lacking direct Quranic or Sunnat precedents. Although Quranic references to Qiyas are indirect, proponents, particularly within the Hanafi school of thought, justify its validity through interpretative methodologies and historical precedent. Abu Hanifa's endorsement underscores the permissibility of diverse legal opinions within Islamic jurisprudence, reflecting the dynamic nature of Qiyas as a tool for legal reasoning.

Secondary sources:

1. Judicial Decisions - The Indian judiciary has, on numerous occasions, provided interpretations of Muslim law through judicial pronouncements. These interpretations typically rely on primary sources such as the Quran, Sunnat, Ijma, and Qiyas. Judicial decisions have played a pivotal role in resolving significant legal ambiguities within Muslim law, establishing precedents that guide subsequent legal proceedings.

2. Customs - Customs refer to longstanding practices observed by a community over an extended period, sometimes acquiring the force of law. In the realm of Muslim law, various customs regulate societal practices and norms. These customs, ingrained within Muslim communities, contribute to the shaping of legal frameworks and serve as supplementary sources of law.

3. Legislation - While Muslim law in India remains largely uncodified, the Parliament has enacted legislation to regulate Islamic practices. For instance, the Muslim Personal Law (Shariat) Application Act, 1939, addresses matters related to marriage, succession, inheritance, and charitable endeavors among Muslims. Despite the absence of a comprehensive codification, legislative interventions serve to address specific aspects of Muslim personal law, providing statutory guidance and governance.