Sunni law. GUARDIANSHIP UNDER MUSLIM LAW 2022-10-17

Sunni law Rating: 9,2/10 1645 reviews

Sunni law, also known as Sunni Islamic law, is the legal system adhered to by the majority of Muslims worldwide, who are known as Sunni Muslims. This legal system is based on the principles of the Qur'an, the primary religious text of Islam, and the hadith, the sayings and actions of the Prophet Muhammad, as well as the legal opinions and interpretations of Islamic scholars.

Sunni law is divided into two main categories: the law of worship (ibadat), which deals with the religious obligations of Muslims, and the law of human interaction (mu'amalat), which covers social, economic, and political issues. Within these categories, Sunni law covers a wide range of topics, including marriage, divorce, inheritance, contracts, criminal law, and trade.

Sunni law is not codified in a single legal code like some other legal systems, but rather it is derived from a variety of sources, including the Qur'an, the hadith, the consensus of Islamic scholars, and the practices of the early Muslim community. This approach to legal interpretation is known as ijtihad, which involves the use of independent reasoning and interpretation to determine the best course of action in a given situation.

Sunni law is based on the belief that the Qur'an and the hadith contain all the guidance necessary for Muslims to live a righteous and fulfilling life. As such, Sunni law is seen as a way to implement the principles and values of Islam in the practical affairs of daily life.

Sunni law has a long and rich history, and has been interpreted and applied in different ways in different regions and cultures over time. In many Muslim-majority countries, Sunni law is the primary source of legislation, and it is often used in conjunction with other legal systems, such as common law or civil law. In other countries, Sunni law is followed more informally, with legal disputes being resolved through traditional methods of dispute resolution, such as mediation and arbitration.

Despite its widespread adoption and influence, Sunni law has faced criticism and controversy in some quarters. Some argue that it is too rigid and inflexible, and does not adequately address the changing needs and values of modern society. Others argue that it is too open to interpretation and subject to the personal biases of individual scholars, leading to inconsistency and confusion.

Overall, Sunni law remains a significant and influential legal system within the Muslim world, and continues to shape the lives and practices of millions of Muslims around the globe.

SUNNI SCHOOLS OF MUSLIM LAW

sunni law

Retrieved 22 January 2019. Salient feature of Maliki School : 1- Imam Malik gave more emphasis on tradition and usages of Medina. The mother can also inherit the property of her illegitimate children. Do Shias believe in Muhammad? It is headed "The Sunni Creed in the Two Phrases of the ʿAqīdat ahl as-sunna fī kalimatai aš-šahāda and deals first with the doctrine of God and then the other doctrinal points. Thus it has been recorded, the Kufic scholar of the Quran Abu Bakr ibn'auyash d.


Next

What Are The Classes Of Heirs Under Sunni Law

sunni law

Embryo A live-born foetus can inherit. As a result, several personal laws regarding religion are developed. These classes then explain how an inheritance is allocated among legal heirs and how to prioritise one over another. The daughter is in category 1, hence the uncle is in category 3. In absence of a will, succession in Muslim law is governed by Muslim Personal Law Shariat Application Act, 1937. Ahl as-Sunna wa-l-jama only refer to those Muslims who are Ashʿarites or Maturidites.

Next

Muslim Law of Inheritance Under Sunni Law

sunni law

It can also be stretched to all the properties owned by the deceased but the property left for inheritance is the property left after paying debts and funeral expenses from that property. If husband is capable to give talaq orally but he gives it in writing then according to Shia law that talaq is a void and ineffective. They prefer his guidance to the guidance of anyone else. Instead of refusing to decree the suit for restitution of conjugal rights to which the husband is entitled, if marriage is consummated, the court may pass a decree conditional on payment of dower. Muʾassasat al-Ḫāfiqain, Damaskus, 1982. Imam Malik dedicated his whole life for the studies of Islamic jurisprudence and Hadith. Such marriage is irregular in Sunnis but void in Shias.

Next

GUARDIANSHIP UNDER MUSLIM LAW

sunni law

In cases of Non testamentary succession, the Muslim Personal Law Shariat Application Act, 1937 gets applied. There is difference of opinion as to the time at which ownership of a bequest is transferred from the testator or his heirs to the legatee. Land Acquisition Officer, AIR 1989 AP 318, Inheritance opens only after the death of a Muslim. Such a transfer will not be void as a fraudulent preference unless actual insolvency is involved. Such marriages are considered irregular by Mullah but void by Fyzee. As indicated by Sunni doctrine, Caliphate is a political body headed by the Caliph. After the battle, it was agreed that "the righteous as-sunna al-ʿādila al-ǧāmiʿa ġair al-mufarriqa" should be consulted to resolve the conflict.


Next

Sunni Law of Inheritance

sunni law

Guardianship due to its varied forms is classified under 3 categories and they are for marriage, person or even property. Under Muslim law, any property which was in the ownership of the deceased at the moment of his death, may be the subject-matter of inheritance. Radd is common in Shia law. The Indian Succession Act, 1925, mentions double share for men, often known as the Parsi Law, and has remained intact since 1991. What is Sunni law? Effect Of Apostasy Of Dower Apostasy is called Ridda in Islamic literature. A living person is considered an embryo, hence their property is transmitted instantly.

Next

Classification Of Dower, Difference in Shia & Sunni Law

sunni law

Both the sects though seem to be similar by the non Muslims but they are different in terms of their customs and wedding ceremonies. Women have special rights to seek their unpaid dower, and their husbands are legally compelled to pay it, according to the case law. So this school of sunni law is named after its founder Abu Hanifa. Similarly, the natural father and natural mother can inherit the property from their natural sons or daughters. Leaders are informal, and gain influence through study to become a scholar of Islamic law A study conducted by the Three group doctrines Regarding the question which dogmatic tendencies are to be assigned to Sunnism, there is no agreement among Muslim scholars. Thereafter importance was given to traditions. Under Shia law, paternal uncles get double the shares as aunts, however under Sunni law, uncles get the entire estate and aunts get nothing.

Next

DIVORCE IN SHIA & SUNNI LAW

sunni law

He constituted a committee of some learned disciples who were Imams in their own fields. Islam has a steady, scientific, and exquisitely harmonised inheritance system. But there is some difference between the two. Aishwarya Says: I have always been against If you are interested in participating in the same, do let me know. The most obvious miracle is the Quran's miʿrāǧ. Nearly every issue is codified.

Next

DISTINCTION BETWEEN SHIA AND SUNNI LAW IN INHERITANCE

sunni law

Under this school there is no scope for private judgments and human reasoning. Sunni law is opposite. The time increase is quite large, but the increase in problem size may be more valuable for someones whose premier goal is accuracy. He also got the legacy of talents and logical reasoning as he was highly influenced by both Hanafi and Maliki School. Oxford: Oxford University Press. It is practice mainly done in Arabic countries like Saudi Arabia, UAE, Syria, Lebanon, Morocco and Persia where Sheikhs live in majority.

Next

Difference between Sunni and Shia Law of Marriage

sunni law

And in the cases where father and mother both are not present, then in such cases, the power to elect a guardian rests with the court In cases of guardianship related to the property of the minor then it might belong to the natural guardian or testamentary guardian and in case these two are absent then the guardians who are appointed by the court have all the rights. Classes of Legal Heirs: Proper recognition of these classes helps one understand Shia law of inheritance since details of the system in one manner or another are linked to it. PROPER DOWER The woman is entitled to Proper dower when the amount of dower is not specified in the marriage contract or even if the marriage has been formed with the caveat that she should not claim any dower. Bassām ʿAlī Salāma al-ʿAmūš. SHAFI SCHOOL Imam Shafi was the founder of Shafi School of Islamic Jurisprudence. Of all the sciences, knowledge and efforts of which Muslims are proud, al-Baghdādī explains that the Sunnis have a major share. CONCLUSION The Hanafi school recognizes only those relatives as heirs whose relation to the deceased is through a male.

Next

Sun

sunni law

Maliki school is most closely related to the Hanafi school, and the difference between them is more of a degree, rather than nature. Wizārat aš-šuʾūn al-islāmīya, Riad, 2003. Dār Ibn Ḥazm, Beirut, 1995. Conclusion Sunnis and Shias are two main sects of Islam religion and they made up as a foundation of the religion. Under Islamic law, while a woman heir gets additional money or property as her Mehr or dower and maintenance from her husband, her male partner gets none of the two advantages. In countries where the intestate succession law is different from Islamic law it becomes absolutely necessary to write a will. Codifying a law makes governing issues easier.


Next