1. Know the historical background of Islamic Law - Muslim Law

Hello friends, in today's post, we will know about the Historical Background of Islamic Law, how Islamic law originated and developed and how it developed in our country India as well. For the convenience of study, the background of Islamic method has been described step by step which is as follows -

1. Basis of Islamic Law –

Islamic Law is considered to be a law based on 'Quran' and its beginning is believed by Muslims from the beginning of mankind. According to the Holy Qur'an, Muslims believe in the existence of Allah i.e. Allah is One and consider Muhammad Sahib, who presented it to the human beings, as the 'Rasul of Allah' i.e. Messenger of God. Apart from this, the verses of Quran, which were known to man through his last Prophet Muhammad, are considered to be correct and true and 'Allah Ka Kalam' (God's words). The Quran is in the form of a systematic sequence of dialogues given by Allah to the Prophet. These dialogues were revealed to mankind on different occasions during the twenty-three years after the Prophet became a prophet. Muslim law is believed to have originated with the rise of Islam. The Qur'an is regarded as the main source of Muslim law.

2. Islamic Law before the Prophet –

The first period of Muhammad's prophet hood is called the period of 'Ayam-il-Jahiliyya', at that time there was no existence of Islamic law and those people had no law and were divided into tribes. Each tribe had a headman or chieftain, who was often chosen on the basis of courage, knowledge and high descent. Each clan had its own law and disputes between them were settled by the head of the clan or by the sword. Idol worship and polygamy were prevalent in Arabia and Arab society was nomadic (homeless and wandering). There were two classes of people in Arabia – the first class was the people who were desert nomads known as Beduins and the second class was the city dwellers who were mainly traders and they led a settled life. The social life of the Arabs was based on the rules of their tribe and the fear, pressure and behavior of other tribes, there were often wars among the tribes. Killing of girls was also a common thing. Women were not given legal rights and were treated virtually like animals. The behavior of men was also rarely humane towards them. Regular marriages were unknown in that society. There were many types of arrangements for the temporary cohabitation of men and women for sexual relations, which were not much different from prostitution. Muta (temporary, for fixed time) marriage was common among the people. Muta was called legal prostitution in the beginning of Islam, but later Prophet Sahab declared Muta prohibited. Arabs loved the desert. He was freedom lover as well as courageous. In such a disorganized society, Prophet Muhammad preached Islam as a social reformer and among the people and did the work of reforming the society, which changed the body of the society. Read Also - What is the evolution of Public Interest Litigation (PIL) in India? 3. History of Islam – Prophet and the rise of Islam - It is said that Prophet Muhammad was born in Mecca in 570 AD. His father's name was Abdullah and mother's name was Amina. His father died before his birth and his mother also passed away when he was only six years old. After the death of his mother, he was brought up by his grandfather Abdul Muttalib. But after two years his grandfather also died and after that he was brought up by his uncle Abu Talib. Mohammad Sahib was a person of serious nature since childhood and he used to spend most of his time in prayer and contemplation in a cave named 'Hira' and at the age of forty he started receiving divine messages (vahya) that means he became a prophet. . Since then he started doing religious propaganda among his countrymen. He preached that they should give up Paganism (idol worship) and adopt the ancient religion of prophets like Adam, Noah, Abraham, Moses, Jesus etc. Due to the objection on their religion, the idol worshipers did big atrocities on them. They abused him, spit on him, threw dust on him and dragged him away from the temple of Mecca by holding his hair. Flight from Mecca i.e. Hijrah – The Prophet was expelled from Mecca for condemning idolatry (idolatry), the trend of that time in Arabia, and he took refuge with his followers in Medina. Leaving Mecca itself is called Hijra (emigration) and the Hijri year began. People were greatly influenced by his teachings in Madinah and the number of his followers continued to grow. The Hijra is a clear separator in the narrative of the Prophet's preaching. After the death of Muhammad Sahab, there were many candidates for the Caliphate (Khalifa post), due to which the public got divided into many mutual parties. But in spite of this, the authorized people immediately preserved the 'Sutras' and 'Hadith' and used them on questions related to both worldly and spiritual matters mentioned in the Qur'an. Since 'Sunnat' and 'Hadith' were not recorded till then, they were cited from time to time by their surviving witnesses to settle disputes and prevent people from doing things forbidden by the Prophet and in course of time they became evidence of judicial determination. Since all Muslims consider the Qur'an to be the Kalam (Word of God) of Allah, there are differences of opinion among scholars regarding the conflicting interpretations of its essential parts by different commentators, the principles of the rules of faith, and the acceptance of a particular hadith by some scholars. Different doctrines and different sects emerged due to differences of opinion due to acceptance or rejection of a particular person as Imam. The two major sects of Muslims are Shia and Sunni, each of which also has many sub-branches. Despite having so many sects, there is no caste discrimination among Muslims.

What is Islam | Muslim law Khilafat - Prophet Muhammad died (Parda) in 632 AD. He had no son. After his death, the Muslim community was divided into two groups regarding the succession. Abu Bakr, who was the father of Ayesha Begum, became the first Caliph. But after two years he died in 634 AD, after him Umar was elected as the second Caliph. He was murdered in 644 AD. After him, Osman was elected as the third Caliph. He was also murdered in 656 AD, then Ali, who was the husband of Fatima, the daughter of Muhammad, became Caliph. Ali was also killed in 661 and was succeeded by his son Hasan. Hasan resigned his position in favor of Mu'awiya, an unelected official in Damascus, who was nevertheless assassinated. Ali's supporters convinced Hasan's brother Husayn to rebel against Mu'awiya's son Yazid. But he also got martyred while fighting bravely in the field of Karbala. Ommediades Dynasty - Moavia established the Omedia dynasty, which ruled from 661 AD to 750 AD in Damascus. Damascus was made the capital. Thus the Umayyad dynasty ruled and the caliphate was converted into an empire and a powerful empire was established. The people of Mecca and Medina were doing theology and jurisprudence, as a result Mecca and Medina became the centers of Islamic law and jurisprudence. Abbasi Dynasty - After the Omedis, the Abbasids ruled for many years with Baghdad as their capital and finally abdicated in favor of Sultan Salam I of Turks in 1517 AD. Ottoman Dynasty - In 1538, the Sultan of Turkey assumed the title of Khalifa. In 1924 AD, the title of Khalifa was abolished by Mustafa Kamal Pasha Read This Post In Hindi - Historical Background of Islamic Law

Advent of Islamic Law in India -

Muslim rule in India - During the Muslim rule, Islamic law was the law of India and all its provisions except personal law, such as contract law, criminal law, tort law, etc. were equally applicable to Hindus and Muslims. Were. During the Mughal rule, Hanafi Islamic law remained in force in India, which gradually ended during the rule of the East India Company. Although Islamic criminal law continued for some time, it came to an end with the enactment of the Indian Penal Code in 1960. At the time of the British and thereafter - In India, by Regulation No. 11 of 1772, Section 27, it has been enacted that inheritance, succession, marriage, belonging to caste and other religious customs and institutions In all such matters, the laws of the Quran will be applied to the Muslims and the laws of the Shastras will be applied to the Hindus. The Muslim penal law, as amended from time to time by the Company's Regulations, was applied not only to the Muslims but also to all the followers of India in the British Empire. Other matters, such as contracts, etc. were left to the discretion of the judges, which were named justice, equity and conscience. By the end of the nineteenth century, all Islamic public law in India was abolished by Acts and Islamic law was left only on Muslims.

What is Islam? -

According to the statement of the Prophet, cleanliness of speech and hospitality, patience and righteousness are the religion or Islam. The knowledge of happiness from good and sorrow from bad is the sign of religion and the work in which one hurts one's own mind is a sin. In the religious sense, Islam means surrender to the will of Allah and in the secular sense, Islam means the establishment of peace.

Message of Islam –

The message of the Quran makes it clear that Islam has existed since the beginning of the world and will continue to exist till the Day of Judgment. Muhammad Sahab considered Muslim law to be a straight and natural law to be followed by man, in which there was no complexity, obstacle or ambiguity. Islam has a sense of brotherhood and the belief that Allah created them all and treats them all as equals. The teaching of religion in Islam is against factionalism of all kinds. Prophet Muhammad told people that excellence resides in action. Islam is primarily a religion of duty. Human service and charity is exclusively the service and prayer of Allah. The one who does not show kindness to man, Allah will not show kindness to him either.

Some Important Words -

Sunnah or “Sunnah” :- Whatever the Prophet said, did or permitted. “Hadith” :- Sayings, description or tacit approval of the sayings or actions of the Prophet “Ayyam-il-Jahiliya” :- The time before Muhammad Sahab brought Tasharif to this world is called “Ayyam-il-Jahiliya” i.e. “The Age of Ignorance”. Islam means - Peace, Greeting, Protection and Salvation. Reference – Muslim Law 26th Edition Akeel Ahmed Read the full article