Islamic Jurisprudence: Apropos to the Indian Legal System

Abstract

Indian Legal System is a unique amalgamation of Hindu, Islamic, English and certain other influences and has a diverse and extensive history. Hindu Civilizations ruled the subcontinent until the Muslims invaded the land in the 12th Century AD which marked the beginning of a period of Islamic dominance. Thereafter, the Englishmen rose to power and took control of the subcontinent and introduced its own systems and policies. Thus, the Indian system we see today is perplex and enshrines major portions of the systems of these three eras. In India, Muslim Law has existed from centuries and has been continuously subjected to various amendments and regulations over the period of time. The specific civil matters such as marriage, inheritance and transfer of properties have been adjudicated by the Personal Law, which has been modified and has remained an integral part of the Indian Society. This research article has been written to analyze the promulgation of Islamic jurisprudence in the Indian legal system over the period of time. Herein, the basic principles of Islamic laws are discussed, as it was during its foundation. The paper first attempts to study the true nature of Islamic Jurisprudence i.e. what is it about and what are its key features. Then the article studies the promulgation and historical evolution of the same in the Indian Legal System, with respect to the legislation and amendments made over the period of time. Thus, after having the basic idea of the subject and its implications in India, the author discusses the idea of the Uniform Civil Code.