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Nature of Muslim Law


§Is it divine or man made law?
Divine means the law which is from divine authority. Where there is no human intervention.
Man made means the law which is framed by human being.
The Sharia part of Muslim law is divine.
As it is directly or indirectly from Almighty Allah and there is no human intervention and it can not be changed by the human being.
But the whole Muslim law is not divine.As there are laws by Qias as well as by the Parliament. Those laws are not divine in nature.

§Muslim law is a Personal law.
Personal law means the law which is connected with the belief of a person. Muslim law is personal law as it is connected with the belief of a Muslim person. The person who believes in Islam Muslim law shall be applied to him.

Generally Personal law is carried by a person in everywhere of the world and it is not territorial.
For that reason the rules of Namaz, fasting are same for a Muslim in Bangladesh or in USA or Alaska.
§So, Muslim law is not territorial in nature as it is personal law. It means it is not limited within a territory. But the Muslim law which is framed by the state authority is territorial in nature. For Example, Muslim Marriage and Divorce Registration Act, 1974 has been enected by Bangladesh. So it is applied only to the Muslims of Bangladesh and not to the Muslims of any other country of the world.
 
 

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