WHO IS A MUSLIM ? WRITE ABOUT THE APPLICATION OF MUSLIM LAW IN INDIA ?

A Muslim is a person ———————-

1. who believes in the mission of Mohammad as Prophet, or
2. who says that there is one God and Mohammad is his Prophet,
3. Who believes in a number of other essential beliefs in God and Mohammad. According to Amir Ali, a Muslim is a person who accepts the unity of God and the prophetic character of Mohammad. So a Muslim is a person who believes that God is one and Mohammad is the Prophet. Thus to be a Muslim only two beliefs is required————– a . Allah is one, and b. The prophethood of Mohammad. A person can be a Muslim by origin and by conversion. Muslim by conversion may be further subdivided into the followings categories——-1. Muslims who profess Islam, 2. Muslims who undergo formal conversion. So from the above discussion we can come to the conclusion that a person who subscribe the basic tenets of Islam ,is a Muslim. The basic tenets of Islam are the following two————-1. God is one, 2. Mohammad is the Prophet of God. CASE LAWS RELATED TO THE CONCEPT ‘ WHO IS A MUSLIM ” Case Law 1… Bhaiya Sher Bahadur v. Bhaiya Ganga Baksh Singh In this case the Privy Council held that the illegitimate son of a Hindu by a Muslim lady, who was brought up as a Hindu and married to a Hindu girl according to Hindu rites, was held to be a Hindu. Case Law 2.. Jiwan Khan Vs. Habib In this case the Lahore High Court held that people of Shia Community boycotts first three Caliphs but they trust in one God and the Prophethood of Mohammad , therefore, they too are Muslims. WHAT IS THE ORIGIN OF MUSLIM LAW Muslim Law originates from divinity. Muslim Law is a result of communication of God and men’s act. The place of Muslim Law’s origin is Arabia where Prophet Mohammad promulgated Islam. The word Islam does not express any association with a particular person, people or country. In secular sense Islam means ” establishment of peace”. Religiously Islam means ” submission to the will of God”. So to create a sense of obedience and submission to Allah , the Muslim Law was originated. WHAT ARE THE APPLICATIONS OF MUSLIM LAW IN INDIAN LEGAL SYSTEM ?

In India Muslims are governed by their own personal law. Generally in India the Muslim Law is not applicable in all matters. The Parliament and various State Legislatures have passed various enactments which are applicable to all citizens irrespective of their caste and creed.

In India Muslim Law is administered by Civil Courts, High Courts and the Supreme Court. In India Muslim Law is treated as Native Law. Muslim Law is considered to be the part and parcel of the Indian Legal System.

WHAT ARE THE MATTERS OF INDIA WHERE MUSLIM LAW IS APPLICABLE ?

In the following cases Muslims are governed by their personal law:

1. Marriage,
2. Dower,
3. Divorce,
4. Family matters,
5. Adoption,
6. Minority ,
7. Guardianship,
8. Bastardy,
9. Succession,
10. Inheritance,
11. Female’s property,
12. Wills,
13. Legacies,
14. Gifts,
15. Joint family’s matters,
16. Partition,
17. Any other religious usage or institution.

WHAT ARE THE MATTERS WHERE MUSLIM LAW IS NOT APPLICABLE TO INDIAN MUSLIM ? In India Muslims are not governed by their traditional law in the matter of crimes and law of evidence.