mukul muslim law

7/23/2019 Mukul Muslim Law

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A PROJECT REPORT ON

Analysing Islam

Studied Under MUSLIM LAW

Submitted to: Submitted by:

Asst. Professor Meenakshi Tripathi Mukul Chopda

Faculty of Law BBA LL.B.(Sem. !"


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Page2Ackn!ledgement

am hi#hly o$li#ed and thankful toMaam Prof. Meenakshi Tripathi, Faculty of

MATS Law School% who #a&e me an opportunity to complete such an important

topic on Muslim Law and also #a&e me important su##estions to make it o&er.

am also thankful to all the other faculties of MATS La! Sc"l who also

helped me a lot in such matter. would also like to #i&e a lot of thanks to our

'irector SirProf. Dr. G.P. Tripathiwho inspired me a lot to study law.

am especially thankful to my family who really inspired and helped me a lot

with their #reat efforts and all of their possi$ilities to $rin# me here. My friends

are also &ery much helpful in matter re#ardin# studies% so am also &ery much

thankful to them.

Mukul C"#da


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Page3Ta$le % Cntents&

Intrductin '

Pre(Islamic Ara$ia '

Ad)ent % Islam *

Nature +

Surces ,,

Sc"ls ,'

Su%ism ,-

Ot"er .enminatin ,-

.emgra#"y ,-

Arc"itecture ,+

Criticism ,+

Cnclusin /0

1i$ligra#"y //


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Intrductin&

eli#ion is the $ase throu#h which a ci&ilisation e&ol&es on their social% le#al and lastly reli#ious

platforms that #i&es a structure to the e&ol&ed society and also helps to flourish in the $roader sense in

this #lo$e. People who are carryin# on these se&eral reli#ious acti&ities in this modern world comin#from the ancient days passed throu#h the middle a#es is )ust doin# such to #i&e a $indin# on the

society as to pre&ent all kinds of destruction powers which are hittin# the day $y day. People in

reli#ious thou#hts #o for idolism depicts a picture of *od in their own minds thou#h *od% as assumed

a supernatural power is intan#i$le $y its $odin#ly appearance. Thou#h people #o for it in the present

day of scientific kin#ship as to help the society from anyinhuman acti&ities $y takin# the safe#uard of

*od% the almi#hty. There are se&eral reli#ions amon# this world #oin# for different $eliefs% different

idols% different ideolo#ies% etc accordin# to the characteristics of their own reli#ions. People may $e

superstitious in the name of reli#ion $ut they think that throu#h a much of that type of superstition as

they refer it to $e the *odly affection they may reach to such super natural powers &ery early and in a

&ery affectionate nature. Actually people $y &irtue of reli#ious thinkin# try to ele&ate the society in a

&ery hi#h le&el from its cultural &iewpoint and so on.n the same way% the slam e&ol&ed with its

followers as the Muslims under the prophecy of +a,rat Muhammad.

Pre(Islamic Ara$ia&

The source of slam lies on the Ara$ian sphere of the earth. ts $irth took place on the earth with the

e-istence of Muhammad $ein# the Prophet or the Messen#er of slam and also $ein# the last

messen#er of *od.

The Ara$s were descendants of $rahim and ahtan. /hen Muhammad took $irth at Mecca of

A$dullah and Amina $ein# the father and mother respecti&ely on the 01 tha$i2al2Awwal i.e.% 11ndof

340 A.'.% $ut accordin# to Amir Ali it is 15th Au#ust% 345 A.'. in a &ery prominent family of Banu

+ashim or +ashimites of uraish tri$es who were &ery direct descendants of $rahim or A$raham6 the

total society of Ara$ was of Tri$al people. The society was mainly made up of nomadic tri$es which

used to roam in deserts in search of water or pastura#e and doin# such in the sense of full li$erty and

independence seems to $e in2$orn. They sometimes were administrated $y some tri$al leaders or $y

tri$al council. The Ara$ians had some shinin# 7ualities such as coura#e% $ra&ery% hospitality% fortitude

and manliness. Trade and commerce were hi#hly affected $y the weather where$y e-ploitation was

&ery much present and hi#h interest rates in finances helped a handful of classes in the accumulation

of wealth.


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The classes were reli#ious in the sense that they use to worship idols and multiplicity of spiritual

idols. The pre2slamic society of Ara$ia was &ery $ar$aric in nature where$y the condition of the

women was &ery pathetic. Mutta marria#e% poly#amy% dower% di&orce% male dominancy in the society

was &ery common.

'urin# &ery early a#e% Muhammad8s father died $efore 9 months he took $irth6 his mother died at the

a#e of 96 he was $rou#ht up $y his #randfather A$dul Muttali$ who also died% there$y $rou#ht up $y

paternal uncle% A$u Tali$. +ence the education of Muhammad did not proceed $ut somehow he #ot

impressed $y the people of Mecca due to his no$le conduct. n his childhood% he used to #ra,e #oats

and $ein# #rew up% he looked after the $usiness of :hadi)a% a lady of his tri$e. :hadi)a had a lar#e

$usiness and was a widow who handed o&er her $usiness to Muhammad and also married him.

Ad)ent % Islam&

The term ;slam< has deri&ed from theroot words s2l2m and there$y the meanin# of slam is peace%

#reetin#% safety and sal&ation.

slam is amonotheisticand A$rahamicreli#ionarticulated $y theur=an% a$ookconsidered $y its

adherents to $e the &er$atimword of *odor Allah and $y the teachin#s and normati&e e-ample called

the Sunnahand composed ofHadithof Muhammad% considered $y them to $e the lastprophet of *od.

Muslims $elie&e that *od is one and incompara$le and the purpose of e-istence is to lo&e and ser&e

*od. Muslims also $elie&e that slam is the complete and uni&ersal &ersion of a primordial faith that

was re&ealed at many times and places $efore% includin# throu#h A$raham% Moses and >esus% whom

they consider prophets. They maintain that the pre&ious messa#es and re&elations ha&e $een partially

misinterpreted or altered o&er time% $ut consider the Ara$ic ur=an to $e $oth the unaltered and the

final re&elation of *od. eli#ious concepts and practices include the fi&e pillars of slam% which are

$asic concepts and o$li#atory acts of worship% and followin# slamic law% which touches on &irtually

e&ery aspect of life and society% pro&idin# #uidance on multifarious topics from $ankin# and welfare%

to warfare and the en&ironment.

After $ecomin# of 13 years of a#e% he used to spent a much of his time in a solitude $y makin# a

lonely ca&e named +ira% his a$ode% where$y he is said to $e in occupied $y deep prayer and

meditation and there$y at the ?5th year of his a#e he attained to $e the Prophet of slam% as then he

first recei&ed the messa#e of *od or Allah also termed as first2wahi. There$y he $ecame a de&otee

and under#one to replant only the truth of the nature and of the ancient reli#ion% professed $y Adam,

Noah, Abraham, Moses, Jesus and there$y all of the ancient Prophets. n his prophecy he faced a lot

of distur$ances from the people who $elie&ed in idol2ideolo#y and there$y worshipped a lot of *ods
http://en.wikipedia.org/wiki/Monotheistichttp://en.wikipedia.org/wiki/Monotheistichttp://en.wikipedia.org/wiki/Monotheistichttp://en.wikipedia.org/wiki/Abrahamic_religionshttp://en.wikipedia.org/wiki/Religionhttp://en.wikipedia.org/wiki/Religionhttp://en.wikipedia.org/wiki/Quranhttp://en.wikipedia.org/wiki/Quranhttp://en.wikipedia.org/wiki/Islamic_holy_bookshttp://en.wiktionary.org/wiki/verbatimhttp://en.wikipedia.org/wiki/God_in_Islamhttp://en.wikipedia.org/wiki/Sunnahhttp://en.wikipedia.org/wiki/Sunnahhttp://en.wikipedia.org/wiki/Hadithhttp://en.wikipedia.org/wiki/Hadithhttp://en.wikipedia.org/wiki/Prophets_of_Islamhttp://en.wikipedia.org/wiki/Prophets_of_Islamhttp://en.wikipedia.org/wiki/Abrahamic_religionshttp://en.wikipedia.org/wiki/Religionhttp://en.wikipedia.org/wiki/Quranhttp://en.wikipedia.org/wiki/Islamic_holy_bookshttp://en.wiktionary.org/wiki/verbatimhttp://en.wikipedia.org/wiki/God_in_Islamhttp://en.wikipedia.org/wiki/Sunnahhttp://en.wikipedia.org/wiki/Hadithhttp://en.wikipedia.org/wiki/Prophets_of_Islamhttp://en.wikipedia.org/wiki/Monotheistic


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and there$y his ideolo#y of faith was attacked. +e was a$used% spat upon% co&ered with dust and for

attainin# the supremacy there$y he went to a &ery deep meditation and finally he #ot the position in

the mind of the people and remained successful in spreadin# of the reli#ion o&er a hu#e portion of the

oman @mpire. +e influenced a lar#e sect of people all o&er the Ara$ia as well as the ad)oinin#

territories where$y he succeeded in con&ertin# the people of Persia% ad&anced his dominion far

towards the $anks of ndus on the east to the $anks of -us on the north and north2west in settlin# his

ideolo#ies amon# a hu#e sect of people who afterwards $ecame the con7uerors of ndia and there$y

spread the slamic ideolo#ies and there$y $ecame the most powerful races of men on the #lo$e and at

present $ecomin# the fastest #rowin# reli#ion on this earth .

Accordin# to $n Sad% the opposition in Mecca started when Muhammad deli&ered &erses that

condemned idol worship and the Meccan forefathers who en#a#ed in polytheism.As he faced a lot of

pro$lems in spreadin# his ideolo#ies in Mecca% he fled to Medina with his followers and there$y

a$olished all the stone2idols that the people worshipped there and as a dictator he there$y forced the

people to follow his ideolo#ies throu#h a small war. As a result he there$y $ecame &ictorious and the

people came in a unity under his leadership. Actually he was compelled to flee from Mecca to Medina

due to the force of the people and the fli#ht on 911 A.'. of Muhammad is known as Hijrat orHeira

which remarks the $e#innin# of the Muslim era.

The first to $elie&e in his 'i&ine messa#e was his wife :hadi)a6 followed $y a $lind scholar named

/ara76 A$u Bakr% the first Caliph% his father2in2law6 Ali% the fourth Caliph sman% the third Caliph

and mar% the second Caliph who at first opposed to the Prophet $ut later on )oined the new faith.

There$y the Prophet declared that there is only one *od that is Allah where$y :hadi)a was the first

woman and Ali was the first e&er man who em$raced slam.

There$y A$u Bakr and others $e#an preachin# a#ainst Pra#anism $ut the Meccans led $y the

Prophet8s uncle A$u Laha$% and others $e#an to proscecute the Prophet and his followers and he had

to flee in Medina on 911 A.'. after so many fi#hts there he #ained a supremacy and then $y takin# his

followers came to Mecca and defeated the Meccans in the Battle of Badr on 91 A.'.6 therefore

#ained supremacy all o&er the Ara$ia which continued till his death on 01th a$i2al2awwal

correspondin# to th >une 91 A.'. or 00 A.+. i.e.% After +e#ira.

The prophet re#arded reli#ion as a strai#ht natural where$y it is a duty of the man to a$ide $y it%

wherein there is no am$i#uity and ar$itrariness. n this reli#ion all humanity are $onded in a sin#le

$rotherhood with one *od% Allah% the creator of all and who looks upon the mankind as there$y all is

e7ual. +ence% all men are e7ual in slam. The slam says that from time to time people #et corrupt and

use to for#et a$out the fundamental principles on true faithupto the #reat esurrection% and hence%

*od sends a eformer to them in +is infinite mercy termed as asul or messen#er in order that he


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may show the true path and warn them a#ainst the e&il deeds. Thus were sent as Adam% A$raham%

smael% Moses and >esus in the form of asuls $y the *od.

Accordin# to Muhammad% slam% a$o&e all% is a reli#ion of works. The ser&ice of man and the #ood of

humanity constitute pre2eminently the ser&ice and worship of *od.

;All creation is the family of *od% and of all creation the most $elo&ed of *od is he who does not

#ood to his family.


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usurpation of Mua&ia% where$y Ali should ha&e $een the first Caliph and so the shiahs termed the first

three Caliphs as usurpers. The shiahs say that the Caliphate is hereditary and &ested in Ali and his

descendants and there$y re)ect the sayin#s of the Sunni doctrine that the succession depends upon the

de#ree of sanctity as determined $y the faithful &otes and there$y the Sunnis think that the last three

Caliphs were not usurpers and they were $elo&ed of the Prophet. There$y the death of +ussain at the

:ar$ala made the $reach $etween the Sunnis and Shiahs which is irrepara$le.

Ommayad .ynasty& Mua&ia was the founder of this dynasty% who ruled the then 'amascus from

9902435 A.'.The Dmayyad dynasty con7uered the Ma#hri$% the $erian Peninsula% ar$onnese% *aul

and Sindh. Local populations of >ews and indi#enous Christians% persecuted as reli#ious minorities

and ta-ed hea&ily to finance the By,antineGSassanid /ars% often aided Muslims to take o&er their

lands from the By,antines and Persians% resultin# in e-ceptionally speedy con7uests. Since the

Constitution of Medina% >ews and Christians continued to use their own laws in the slamic State and

had their own )ud#es.

A$$asids .ynasty&The mayyadwas succeeded $y the A$$as who fi-ed their capital at Ba#hdad

and rei#ned for fi&e centuries until the last of them a$dicated in fa&our of the Turkish Sultan Salem on

0304 A.'. in 03 A.'. the Turkish Sultan assumed the title of Caliph which was supported $y the

ttoman Turks who ruled Constantinople and the Caliphate was e&entually a$olished $y Mustafa

:amal Pasha in 0H1?.

1ritis" #erid and India&Section 14 of the Famous e#ulation 00 of 0441% it was enacted that ;in all

suits re#ardin# inheritance% succession% marria#e and caste and other reli#ious institutions% the laws of

the uran alon# with the Mohammedans% and those of the Shastras with the +indus% shall $e

in&aria$ly adherent to


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Those strictly en)oyed or fard%

Those strictly for$idden or haram%

Those ad&ised to do or mandu$%

Those ad&ised to retrain or makruh%

Those are indifferent or )ai,.

Shariat deals with all moral% le#al% ethical% theolo#ical% philosophical and political pro$lems and also

#i&es the solutions of such pro$lems in a reli#ious nature. ts $asic source is uran which is

supplemented $y Sunna and +adis.

slamic shariat has de&ised two sets of $asic principles of them the first one is Dsul2e2'een related to

$elief and the second one is Fur2e2'een which #o&erns #eneral actions and o$li#ations.

Usul(e(.een&t contains certain principles as /ahdat or sin#ular entity of *od% isalat or prophet

hood where$y *od sent one lakh and twenty2four thousand Prophets there$y Prophet of slam $ein#

the last one% ayamat or doomsday i.e.% e&ery indi&idual would $e rewarded or punished for what he

had done in this world.

+ere$y the Shiyas added two more principles namely Adalat% i.e.% *od is )ust mamat i.e.% they $elie&e

that after Prophet% *od has appointed mams.

2uru(e(.een&This is a type of action which contains ama, or prayers% o,a or fastin#% +a) or

pil#rima#e% Kakat or departin# a certain amount from indi&idual8s income and >ihad or holy war for

the cause of *od.

+ere$y% shiyas include in the list :hums which means another portion of income and sa&in#s $eside

Kakat which is strictly to $e #i&en to the mams $ut at present there is none to o$tain such.

These two sets of principles are the foundation of slamic Shariat under one $elie&es in Dsul2e2'een

is @eman% he cannot come in slamic Fold. n this principle% different rules are framed for ascertainin#

+alal and +aram or #ood and e&il.

2i3" r Islamic La!&The law in slam is known as Fi7h which literally means intelli#ence and

moreo&er )urisprudence.

A$u +anifa defined Fi7h as the soul8s co#ni,ance of its ri#hts and o$li#ations. The Turkish Me)elle

defines it as Ithe knowled#e of practical le#al 7uestion8.

Fi7h also termed to $e the science of slamic Law is the knowled#e of one8s ri#hts and o$li#ations

which has $een deri&ed from the holy $ook named uran or the Sunna of the Prophet or consensus of

opinion amon# the learned also called )ma or analo#ical deduction also known as iyas.


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The first postulate of Muslim Law is faith or man which is the essential constituent in the $elief on

*od. Fi7h is narrower than shariat $ecause the latter em$races in its or$it all kinds of human acts G

ethical and non2ethical while the fi7h deals with le#al acts alone. The edifice of fi7h is erected $y

human endea&our% while shariat is laid down $y *od and +is Prophet.

Surces&

Accordin# to the Sunnis the source of the Mohammadan Law are ,4 T"e 5uran6 /4 Sunna6 74 T"e

I8ma6 '4 T"e 5iyasand there are other sources also which are the custms6 8udicial #recedents6

legislatin and e3uity6 8ustice and gd cnscience.

/here&er the Shiyas on account think that the sources are ,4 T"e 5uran6 /49adis6 74T"e decisins %

t"e Imams and '45iyas4

T"e 9ly 5uran&The uran has $een deri&ed from the word ere like ere2et of which the first

re&elation started from the word 7ra means recite and there$y collections of all re&elations are called

The ecital or the Al2uran. uran was re&ealed when the Prophet was of 1 years of a#e at Mecca

and Medina. The uran is the paramount and uni&ersal authority of Muslim Law which is of a di&ine

ori#in and Prophet Muhammad was the last asul or Prophet. The uran is present in the form of a

$ook which is di&ided into 00? Chapters and consists of appro-imately 9999 &erses. The &erses of

uran are called Ayat and the chapters are called Sura. 155 &erses of the +oly Book are entitled to

le#al principles where$y nearly a$out 5 &erses are concerned with marria#e% dower% di&orce and

inheritance.

The uran was not collected% systemati,ed or compiled durin# the lifetime of the Prophet $ut after his

death% the first Caliph A$u Bakr ordered re#ardin# the collection of the uran. The third Caliph

sman ordered a second collection and there$y after the 0 years of the death of the Prophet the

present edition of the uran took place% which cannot $e altered% amended or modified $y human or

e&en $y an institution. Therefore% till date it has remained unchan#ed in its content where$y it has

$een translated into different lan#ua#es.

T"e Sunna r T"e Sunnat r 9adis&The term Sunna means the trodden path% a procedure% a way of

action i.e.% same kind of practice and precedent in Muslim Law means the utterances% deeds and

practices of the Prophet. This term is applied to the traditions or precedents not merely emanatin#

from the Prophet $ut also his companions% successors and successors of successors from the #eneral

$ody of the ulema.


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+adis is that what is said $y the Prophet and Sunnat is his actions and practices where$y Serat is a

wider term under which +adis and Sunnat are studied. Sunna is of three kindsJ

Sunnat2ul2fiel i.e.% traditions what the Prophet did himself.

Sunnat2ul27ual i.e.% traditions what a$out +e en)oined $y words.

Sunnat2ul2ta7rir i.e.% that was done in his presence without his disappro&al.

+adis or Ahdis $ein# one of the forms of Sunnat2ul2ta7rir is the second source of the Mohhamedan

Law. The first writers of the +adis were A$u Bakr $in Shihad Ash2Shafi A, Ku$ri% A$dul2Malik $in

>urai)% Malik $in Anas% the Muwatta% Muhammad $n dris and A$u A$dullah Ahmad $n +am$al.

I8maa& The third source of law is the )maa which denotes the consensus of opinion of the

companions of the Prophet or e&en of hi#hly 7ualified le#al scholars. After the demise of the Prophet

there emer#ed lar#e pro$lems and some fresh facts re#ardin# the decisions of the slamic reli#ion for

which the )maa took $irth which deri&es its authority from $oth uran and Sunnat.

Some western and non2Muslim writers ha&e descri$ed the meanin# of )maa as IMuslims shapin#

slam8 instead of Islam shapin# Muslims8.

5iyas& iyas means Ianalo#ical deductions% measurin# accord or e7uality8 which was deri&ed from

the >ewish term I+i77uish8 which means to $eat to#ether. t actually means to e-tract a new statement

$y comparin# two e-istin# statements. t deri&es a ma)or source of slam.

Besides% Sunnis considered a few more sources which are as followsJ

Pre(Islamic Custms r Ur%s and usages&A custom is a tradition which passes from time to time

within a #eneration to another. t is #enerally a human conduct or#anised $y a sect of humans which

has o$tained the force of law within a particular locality. @.#. poly#amy% di&orce% dower% etc. The urfs

accordin# to uran says that6 ;whate&er the people #enerally consider to $e #ood for them is #ood to

the eye of *od


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points that ha&e $een decided upon at the time of preparation. t was compiled durin# the 04th century

on the command of the then Mu#hal @mperor Auran#,e$ Alam#ir.

Judicial Precedents&The )ud#es of the Supreme Court and the +i#h Courts interpreted many laws

re#ardin# the Mohammedan Law in the modern times which ha&e $een constituted as the supplementsof the modern Mohammedan Law and also pa&ed to $e the sources.

Legislatin&The followin#s are the amplified and thus the modified forms of the slamic LawJ

The :a,is Act% 056

The *uardian and /ards Act% 0H56

The Mussalman /a7f !alidatin# Act% 0H16

The Mussalman /a7f Act% 0H16

The Mussalman /a7f !alidatin# Act% 0H56

The Muslim Personal Law (Shariat" Application Act% 0H46

The 'issolution of Muslim Marria#e Act% 0HH6

The /a7f Act% 0H3?6

The Pu$lic /a7fs (@-tension" of Limitation Act% 0H3H6

The /a7f (Amendment" Act% 0H?6

The Muslim /omen (Protection on i#hts on 'i&orce" Act% 0H9.

Justice6 E3uity and :d Cnscience& The de&elopment of law $y istehsan% maslahat% and istidlal

represents the period of )uristic e7uity in Muslim Law. >ustice% e7uity and #ood conscience is the

principle of @n#lish law which has $een incorporated in Muslim law as where&er possi$le.

nHamira !ibi ". #ubaida$% the Pri&y Council o$ser&ed% ;the chapter on the duties (Ada$" of the a,i

in the Principal works on Mussalman Law clearly shows that the rules of e7uity and e7uita$le

considerations commonly reco#ni,ed in the courts of Chancery in @n#land% and not forei#n to the

Mussalman system% $ut are in fact often reformed to and in&oked in the ad)udication of cases


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The lar#est denomination in slam is Sunni slam% which makes up 43GH5 of all Muslims. Sunni

Muslims also #o $y the name Ahl as2Sunnah which means ;people of the tradition


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This school is lar#ely found in the Lower @#ypt% South Ara$ia% @ast Africa% ra7% ran% /estern and

Sothern ndia% ndonesia% Malaysia and South @ast Asia.

T"e 9an$ali Sc"l&this last school was founded $y A$u A$idullah +amid $n +an$al who was

$orn at Ba#hdad6 $ut actually he was not the founder of this school $ecause it was not formed durin#his lifetime. Some of his pupils founded it after his death in his name.

This school is present in Ara$ia and lar#er parts of Syria and Palestine.

Ot"er :ru#s&

T"e Wa"a$i Sc"l& The founder of this school was Mohammad $ne A$hul /aha$ which is

#o&erned $y +anafi law for practical purpose $ut the Sunnis don8t consider it to $e the part of the

Sunnis.

T"e I8ti"ad Sc"l&n ndia this type of school is found which is also known as *hair Mu77allad

who do not strictly follow any school and they are akin to /aha$is.

S"ia Sc"l r S"iite La! r Imamat&

The term Shia means Ifaction8 which has deri&ed from the word IShiat Ali8. The Shi=a constitutes 05G

15 of slam and is its second2lar#est $ranch. slam has se&eral $ranches% the lar#est of which is the

Twel&ers% followed $y Kaidis and smailis. After the death of mam >afar al2Sadi7% the #reat #randson

of A$u Bakr and Ali $n A$u Tali$ considered the si-th mam $y the Shia=s% the smailis started to

follow his son smail $n >afar and the Twel&er Shia=s or the thna Asheri started to follow his other

son Musa al2:a,im as their se&enth mam. The Kaydis follow Kaydi$n Ali% the uncle of mam >afar

al2Sadi7% as their fifth mam.

/hile Sunnis $elie&e that Muhammad did not appoint a successor and a caliph should $e chosen $y

the whole community% the Twel&er Shias and the smailia Shias $elie&e that durin# Muhammad=s final

pil#rima#e to Mecca% he appointed his son2in2law% Ali i$n A$u Tali$% as his successor in the +adith of

the pond of :humm. As a result% they $elie&e that Ali $n A$u Tali$ was the first mam (leader"%

re)ectin# the le#itimacy of the pre&ious Muslim caliphs A$u Bakr% Dthman $n al2Affan and Dmar $n

al2:hatta$.Kaydis% the oldest $ranch of the Shia and the lar#est #roup amon#st the Shia $efore the

Safa&id 'ynasty in the si-teenth century and currently the second lar#est #roup% are the closest to the

Sunnis and do not $elie&e in the infalli$ility of mams after +ussain.

The Twel&er Shia $elie&es that the political and reli#ious leadership of mams come from the direct

descendants of Muhammad and Ali i$n A$u Tali$% also known as the Ahl al2Bayt. To Twel&er Shias%

mam rules $y ri#ht of di&ine appointment and holds a$solute spiritual authority amon# Muslims%ha&in# final say in matters of doctrine and re&elation. The Twel&er Shias say their last such mam%


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Muhammad al2Mahdi=s osculated in 9 A' and will return at the end of time. +owe&er% their mams

are not allowed to introduce new laws or eradicate old ones6 they are simply re7uired to interpret and

reflect the will of Allah and Muhammad.

The Twel&ers $elie&e that there were 01 mams infalli$le from sin and mistake or caliphs% afterMuhammad. They often cite the +adith of the Twel&e Successors as e&idence. Shias prefer hadiths

attri$uted to the Ahlul Bayt and close associates. The Twel&er Shia follow a le#al tradition called

>afari )urisprudence named after >afar al2Sadi7% the #reat #randson of A$u Bakr and Ali i$n A$u Tali$

the first and the fourth Caliphs accepted $y the Sunnis. Since >afar al2Sadi7 (4512493" did not write

anythin# down% the $ooks were later written $y Muhammad i$nEa7u$ al2:ulayni (9?2 H?0"% $n

Ba$awayh (H12HH0"% and asir al2'in al2Tusi (01502014?".

The Shia school is a#ain di&idin# into three parts which are as followsJ

T"e ;aidya Sc"l&The followers of Kaidya School reco#nise Kaid as their 3th mam as the

mamate went from Ali to +asan then to +ussain% then to Ala#hir or Ali and then to Kaid. The

Kaidyas follow the principles of election and not nomination of mamate $ut the mam must come

from the family of Prophet Kaidya and they think they are the nearest to the Sunnis. A#ain there are ?

sects amon# the Kaidyas where$y mams are the rulers of northern Eemen of South Ara$ia.

T"e Ismailia Sc"l&The followers of this school re#ard smail as the 4th mam and are also called

the Se&eners or Sa$iyan. smailia imamate passed to the Fatimid Caliphs of @#ypt% $ut there was asplit after the ei#hth mam. ne #roup followed the ninth Fatimid Caliph Al2Musta2Li$2llah% while

the other sect follows the i,ar and their ?Hth mam is A#a :han. These Muslims are found in ndia%

Pakistan% Syria and Central Asia.

T"e It"na As"eri Sc"l&The thna Asheris are called the mamias and also the Twel&ers $ecause

the twelfth mam partakes of the di&ine essence from them who is known as I#hai$8 and Imunta,ar8

that is Ihe who has &anished8 and Ihe who is awaited8% $ut he li&es and is deathless and will appear at

a preordinated timeand Iwill fill the earth with )ustice as now it is full of in)ustice8 as it is denotes the

time when it happens such. The authoritati&e $ook of thna Asheri is the Shari2ul2slam. The followers

are found in ndia% Pakistan% ra7% ranand Le$anon. This school is a#ain su$2di&ided into two parts

&i,. Akh$ari and Dsuli.

Ot"er :ru#s&ther smaller #roups include the Bohra and 'ru,e% as well as the Alawites and Ale&i.

Some Shia $ranches la$el other Shia $ranches that do not a#ree with their doctrine as *hulat.


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Su%ism&

Sufism is a mystical2ascetic approach to slam which was first came into action at stan$ul% Turkey

that seeks to find di&ine lo&e and knowled#e throu#h direct personal e-perience of *od. By focusin#

on the more spiritual aspects of reli#ion% Sufis stri&e to o$tain direct e-perience of *od $y makin# use

of intuiti&e and emotional faculties that one must $e trained to use. +owe&er% Sufism has $een

critici,ed $y the Salafi sect for what they see as an un)ustified reli#ious inno&ation. Many Sufi orders%

or tari7as% can $e classified as either Sunni or Shia% $ut others classify themsel&es simply as ;Sufi


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Most estimates indicate that the People=s epu$lic of China has appro-imately 15 to 5 million

Muslims (0.3 to 1 of the population". +owe&er% data pro&ided $y the San 'ie#o State Dni&ersity=s

nternational Population Centre to D.S. ews N /orld eport su##ests that China has 93. million

Muslims. slam is the second lar#est reli#ion after Christianity in many @uropean countries% and is

slowly catchin# up to that status in the Americas% with $etween 1%?3?%555% accordin# to Pew Forum%

and appro-imately 4 million Muslims% accordin# to the Council on American2slamic elations

(CA"% in the Dnited States.

Arc"itecture&

Perhaps the most important e-pression of slamic art is architecture% particularly that of the mos7ue

i.e.% four2iwan and hypostyle. Throu#h the edifices% the effect of &aryin# cultures within slamic

ci&ili,ation can $e illustrated. The orth African and Spanish slamic architecture% for e-ample% has

oman2By,antine elements% as seen in the *reat Mos7ue of :airouan which contains mar$le and

porphyry columns from oman and By,antine $uildin#s% in the Alham$ra palace at *ranada% or in the

*reat Mos7ue of Cordo$a.

Criticism&

Criticism of slam has e-isted since slam=s formati&e sta#es. @arly written criticism came from

Christians% prior to the ninth century% many of whom &iewed slam as a radical Christian heresy. Later

there appeared criticism from the Muslim world itself% and also from >ewish writers and from

ecclesiastical Christians.

$)ects of criticism include the morality of the life of Muhammad% the last prophet of slam% $oth in

his pu$lic and personal life. ssues relatin# to the authenticity and morality of the uran% the slamic

holy $ook% are also discussed $y critics. ther criticisms focus on the 7uestion of human ri#hts in

modern slamic nations% and the treatment of women in slamic law and practice. n wake of the

recent multiculturalism trend% slam=s influence on the a$ility of Muslim immi#rants in the /est to

assimilate has $een critici,ed.

Cnclusin&

Bein# an Atheist and hea&ily sympathetic towards atheism% want to speak that a reli#ious pattern is

drawin# the dark attention of a man $ecause the count of reli#ion is &ery wilful accordin# the rites and


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rituals which are $een followed day $y day in the normal life. n a #eneral &iew a man hesitates to tell

a lie or e&en he cannot tell such where$y the same man in sake of other cases may tell a lie &ery

smoothly. t is how the reli#ion has $onded the society which may $e termed as a reli#ious

dictatorship. n the name of a certain *od to which reli#ion or faith the man follows or may $e

otherwise $ut if the touch of *od arri&es $etween a matter man #ets fri#hten and praises the a$sentee

super natural power% $ut in the present scientific century it is a &ery matter of fun a$out the e-istence

of *od which is also termed as a super natural power. /e cannot see that% we cannot touch that $ut

human fears from that intan#i$le o$)ect in the sake of omen in this #lo$e and in his happiness there$y.

The $elief or faith is a &ery di&ine matter which cannot $e taken into an account of e-pression only

throu#h the mode of *od. A simple do# is a &ery faithful mammal where$y humans pet a do# &ery

often and in this case he $ecomes the master of it there$y the do# shows a #reat faith to its master

where$y it can $e termed human is the *od of a pet do# as *od is also termed as the master of this

nature $ein# the creature of it. Actually faith% $elief% prayers come from an emotional attitude of a

human nature and people who ha&in# such moral characters they can $e termed humans otherwise

inhuman. t is not that if a man #oes to the reli#ious place and shows a hi#h de&otional attitude

towards some Stones or dols% he is a &ery #reat man6 if he $ears some specific moral characters and

can ha&e the idea to think that e&ery man are e7ual in human essence that may $e a sweeper or a

president of a country or else then only such a person may $e a #ood human in the terms of nature and

characteristics.

f we #o throu#h the +indu reli#ion we find that do# is a &ery unholy creature as termed $y the

reli#ion whereas a cow is &ery holy% $ut if we see we find that a do# and a cow ha&in# some &ery

similar $odily characteristics and e&en a do# is more ad&ance than a cow. A do# trained acts as a

human6 it helps the police% in&esti#ation departments in in&esti#ations where$y a cow is dull in such

matters6 so for what reasons such ine7uality $een arisin# amon# li&in# creatures throu#h damn

reli#ious &iewpointsO

eli#ion may $e termed as the home of superstitions where$y there is not a sin#le reli#ion which is

$are of such dull acti&ities. A &ery deep reli#ious de&otee is the most superstitious creature in thisearth. eli#ious acti&ities lead to a &ery dark a#e and there$y led to some terrific war cries% riots%

criminal acti&ities% etc. A reli#ion or *od cannot lead a man to his aim% $ut fills some indi#enous ideas

amon# him and pa&es the way to $eha&e une7ually.

f reli#ious prophets are taken into account it can $e o$ser&ed that at those days they were like

political leaders of the present time. n those days there were not a hu#e num$er of politicians like

now2a2days and so they #ot the full credit of such in the name of reli#ion. >esus himself pronounced

that he is the ISon of *od86 Prophet Muhammad pronounced that he is the last Messen#er of the *od

and they ha&e made the human fools from time to time throu#h their #reat politics.


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The #reat *ermen philosopher% :arl Mar- says that I*od has not created Man $ut Man has created

*od8 and there$y the process of inhuman acti&ities is on where there is a full of in)ustice% ine7uality

and unfairness.

eli#ion has $een deployed itself $y the mankind and has $een mo&ed towards $ar$arism where$ysocial reformers helped to maintain its discipline and helped to return it from such menace. t is the

total creation of man that the e-istence of *od% $ut if really *od e-isted $ein# the >ud#e of the #lo$e

and each and e&ery society and e&erythin# was in his hand $ein# a &ery powerful supernatural o$)ect

with the $alance of e7uity% e7uality and fairness then it is &ery sure that this /orld of Life had not to

face any difficulties6 they had not to stru##le so palely as it is in present day to day nature.

So it is the time to create a reli#ion free world $ein# all united into the atheism where there is no

e-istence of in&isi$le creatures and there$y nature is the super most authority which has created the

li&in# o$)ects and there$y end the societal clashes re#ardin# the $lind side of reli#ion. As the #reat

*erman philosopher% :arl Mar- stated that ;eli#ion is the opium of the people


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mukul muslim law

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