Differences prevailing in Shia and Sunni law in India

Abstract:

The two major groups of the Islamic community is Shia and Sunni. Despite belonging to a same religious belief, they are pretty much different in terms of social culture, tradition and even laws. Let us analyse the differences that we may notice in this current world in terms of law in India.?

Keywords:

?Muslim Law, Marriage, Guardianship, Will, Divorce, Maintenance

Introduction:

Muslim law, that is considered as a divine law, unlike the man made laws which are passed by the legislature.?

Origin of Islam and the breakdown of Muslim community

According to the muslim belief, Prophet Mohammed was the last prophet sent by God (Allah) and Quran is the only revealed book of Allah. At the age of 40, when the prophet was meditating in a cave called 'Hira', he received the first revelation from the God, communicated to him by Gabriel (the angel of revelation).?

After the death of the Prophet in 632 A.D at the age of 63, a strong dispute arose among the followers about who should be the next Caliph (religious leader) . The primary reason behind this was no male heir of the prophet and him not mentioning who would be successor.?

While some of the followers(Sunni sect) believed that they should determine the leader by consensus among his family members and chief companions. But the other group(Shia sect) wanted a successor only from the prophet's decent.?

The Sunni section won this disagreement and chose Abu Bakar, a close friend and follower of Prophet Mohammed, as the first Caliph of the Islamic community. The Shia group wanted Ali, prophet's cousin and son in law to be the Caliph. Ali became the fourth Caliph after Abu bakar and? his two sons were assassinated. Ali was also a victim of assassination afterwards. His son Hussain and his relatives were killed in the Battle of Karabala. And these incidents gave birth to a never ending dispute between the two sections of the Islamic community.?

Sunni community makes up the majority of the muslim population, which is about 80-85% of the muslims. They are the majority in over 40 countries in the world, some of them being Turkey, Yemen, Syria, Saudi Arabia etc. On the other hand, Shia muslims are about 15-20% of the muslim community having majority in Iraq, Iran, Lebanon, Bahrain and Azerbaijan.?

Areas of distinction?

Despite having the same religious beliefs, Shia and Sunni Muslims differ severally in terms of customs and laws. We may try to discuss them on the following categories : Marriage, Divorce, Iddat, Maintenance, Will, Guardianship etc.?

Marriage:

• In the Sunni law, only permanent form of marriage (Nikah) is recognized, but in Shia, both permanent (Nikah) and temporary (Muta) is valid.?
• Sunni Marriage requires two male or one male and two female witness to be valid. There is no such requirements of witness for Shias.?
• A Sunni male muslim may marry a non-muslim but kitabia (one who follows a book as their religious principles) female, but a female can't do vice versa. But neither a Shia male or female can get married to a non-muslim except in the Muta marriage.?
• Marriage during pilgrimage to Mecca is considered as valid for Sunnis but it is prohibited to marry someone during pilgrimage in pilgrim's dress for Shias.?
• Social equality is considered a major factor in Sunni marriages but in Shia it doesn't matter that much.?

Iddat

• Shia: The period of iddat is three tuhrs for menstruating women and 78 days in case of non menstruating women.?

Sunni: Period of Iddat is 3 menstruation cycles for menstruating and? three lunar months for non menstruating women.?

• A Sunni pregnant female's iddat even by adultery extends till she is pregnant. While in case of Shia it is only three months
• Fresh iddat is necessary in case of the death of Sunni husband even in irrevocable divorce (talaq). In case of Shia no fresh iddat is required.?

Divorce

• According to Sunnis, talaq can be in oral or written form but for Shias talaq in writing is not valid unless the husband is not capable of pronunciation due to physical incapacity.?
• Sunnis don't require witness while divorce but Shias require two male witness to be present.?
• Shia law doesn't recognize divorce given without intention or under intoxication but Sunni law considers it valid.?

Maintenance

• Sunni Children are supposed to maintain their older parents whether they are capable of earning or not. But Shia children don't have any such compulsion.?
• A Sunni has to maintain his collaterals but Shia doesn't have this obligation also.?

Will

• If a child borns within 6 months of getting the property, the transfer becomes valid for Sunnis. But in case of Shias it will be valid even if the child is bon in the longest period of gestation.?
• If a Sunni legatee (who is to get the property) causes the death of the testator he will not get anything. Only intentional murder will cause such reaction in case of Shias.?
• A will of a person committing suicide is valid for Sunnis. While it will only be valid if it was made before any step taken towards suicide.?

Guardianship

• For a Shia child only the father and true grandfather can be guardian for marriage. For sunnis several other relations can be guardians.?
• Mother is the natural guardian of a son aged upto 7 years and daughter upto puberty for sunni children. In case of shia, the son can be upto 2 years and daughter upto 7 years

Research methodology;

The research methodology for this blog includes reading books for fundamental concepts, then referring to the newspaper and other related sources to find factual and current information about this topic. Moreover reading almost all the sources available online for free, enrichment of knowledge are a integral part of this work.?

Conclusion:

The reason behind following different laws for a same religion is not only the schools but also the sections of the community is proved by this writing. Shia and Sunni being Endogamous groups, their disputes and laws are still prevalent in this twenty first century world which is not something expected from a modern society. But traditions and customs often overrule the legislation, and Indian personal laws specially muslim law is an example of that.?

References:?

1. https://www.jagranjosh.com/general-knowledge/difference-between-sunni-and-shia-muslims-1634720495-1?
2. Mohammedan Law by Aqil Ahmed (book)?
3. Syed Khalid Rashid's Muslim law (book)?