Advent of Islam & Development of Islamic Law

• What is actually Islam? According to religious sense, Islam are submission to will of God. But in secular sense, Islam means establishment of peace,
• According to Prophet Islam is purity of speech and hospitality.

• Prophet Mohammad was born in A.D 570. His father Abdullah died in Medina, where he has gone for some business. Prophet was brought up by his mother, but even his mother passed away, while he was a child, after mother’s death, prophet was passed into care of grandfather Abdul Muttalib two years later, he also died. Then Prophet was brought up by his uncle. Abu Dhali
• After age of 25 He spent most of his time in solitude, where he occupied in prayer and meditation at age of 40, he received first Wahi or message from God From that, he devoted himself in replacing the only true and ancient religion, due to which he faced most bitter Prosecution From people whose faith he attacked.
• He was abused. Spat on, covered with dust dragged from temples of Mecca. But still, he preserved in his undertaking and ultimately succeeded in spreading religion over great portion of Roman Empire.
• As a request of profits condemnation of the paganism the that then prevalent in Arabia. He was compelled to live in Mecca and took refugee among his follower in Medina. The flight From Mecca to Medina was known as “Hijrat”, which also marked the beginning of Muslim era
• Years of humiliation, failure Came to end and years of success begin after hijrat
• It made a clear division in story of prophet mission before he was just a preacher. But after he became ruler of a state, at first, mall 1 but which grew in 10 years to van Empire of Arabia. The supremacy continued till his death in 632 AD

Development of Islamic law, present Muslim law is a result of a continuous development. The history of growth of Islamic law is divisible into five different phases.

• First phase is known as legislative phase. (622-632 AD) Prophet got first revelation in Mecca 609 AD. But people didn’t believe him in Mecca, there he gave more of religious law than positive law. But in 622 AD, due to ill treatment, prophet shifted to Medina, where he gave religious as well as positive law. Hence. Is called legislative phase. Teachings of this period became Muslim law and continued till his death in 632 AD.
• Second phase known as Caliphate phase. (632-661 AD) After death of Prophet, a 30-year period is Caliphate period. During this, Period of foundation of Islamic jurisprudence was laid down.
  
  It was an age of companion and succession of prophet Collection, edition, interpretation of Quran was done in this. Start with death of prophet.
  
  Prophet did not nominate successor, so dispute aroused in Muslim community for appointment of a spiritual head Follower of prophet elected Abu Bakr, Father-in-law of prophet as successor and give name of Caliph selection of Abu Baker divided Muslim community into two sets.
  
  Shia - stressed on the seat of spiritual head to confined the family of prophet.
  
  Sunnis - advocated the principle of election for choosing seat of spiritual Head.
  
  2nd Caliph was Omar he was elected and was assassinated in 656 AD.
  
  3rd Caliph was Osman Son in law of prophet remained caliph for 12 years and was assassinated
  
  4th Caliph was Ali, the son in law became a Caliph and was assassinated in 661 AD. All the Caliph made a systematic collection of Verses of Quran. They made their own interpretation and laid down their opinion in this point, which not directly covered by Quran and Sunat.
• Third phase Imamate Period (661-1924 AD) After assassination of 4th Khalif in 1661 AD marked the start of third phase of Islamic jurisprudence. This phase was the most glorious and important for Islamic jurisprudence. Different School of Sunnis and Shia came into existence, scientific and particular study of law and religion were made
• Fourth Phase After the death of Ali, the fourth Caliph, his elder son Hasan and later his younger son Hussain became the central figures of the Muslim community. Hasan was acknowledged as the Caliph after Ali's death. However, to avoid further conflict among Muslims, he resigned in favour of Mauvais, who became the ruler and founded the Omayyad Dynasty. Hasan died in 670 AD. After Mauvais death, he introduced the principle of hereditary succession by nominating his son Yazid as his successor. Hussian refused to accept Yazid's rule and was martyred in the Battle of Karbala in 680 AD. The martyrdom of Hussian led to a permanent division within the Muslim community into two major sects:
  
  - Sunni Muslims, who accepted the rule of the Umayyads.
  
  - Shia Muslims, who believed that leadership rightfully belonged to Ali and his descendants.
• Fifth phase modern phase 1920 Caliphate was abolished in 1924 and formation of Islamic laws stopped Efforts were made by jurist of school to develop law Before and during Mughals There were no dispute among Hindus and Muslim regarding governance of law. But for better governance, British introduce their law, even though it very touch personal matter Due to commitment of 1857 under Queens proclamation Following loss were enacted in pre independence. WAQF’S Act, The dissolution of Muslim Marriage Act 1937, The Shariah Act. Post Independence First Law Commission tried to codify, but due to opposition, it was not possible. It is still developing and can see various reasons. For example, After Shabana Bano Case, Muslim women protection for divorce act. 1987 was passed: After Saira Bano case, the Muslim woman protection of rights on Marriage Act 2019 was passed.