Difference between Hindu law and Muslim law
SHARIA
Sharia is the term given for Muslim law. The chief source of Sharia is the Quran which is considered the Divine law as revealed to Prophet Muhammad. Next in importance as source material for Sharia is the Hadith and the Sunnah. The Hadith is the collection of the statements, actions, approvals and criticisms by The Prophet on and about something said or done in his presence while the Sunnah refers to the verbally transmitted record of his specific words (Sunnah Qawliyyah), his habits and practices (Sunnah al Fiiliyyah) and his silent approvals (Sunnah Taqririyyah]. The Prophet was considered the best role model by Muslims and as the messenger of God it was part of his responsibility to be a role model for Muslims. Sharia thus guides the behavior of Muslims and deals with several topics ranging from crime, diet, etiquette, economics, fasting, hygiene, prayer, sexual intercourse.
FIQH
In the course of Islamic history Sharia has been expanded and developed by the interpretation of various Islamic Jurist and implemented by their rulings on questions presented to them. It led to the growth of various schools of jurisprudence like Hanafi, Maliki shafii, Hanbali and Jafari. These are known as Fiqh. These schools use the following guidelines viz ljma or consensus of Muhammad companions , Qiyas or analogy derived from primary sources, and Istihsan or ruling that serves the interest of Islam in the discretion of Islamic jurist and Urf or Customs.
HINDU LAW
Hindu law is known as Dharma and is defined in those texts collectively called the Dharma Sastras. These include the Sruti and Smritis. The term Sruti is the collective reference to the four Vedas which are considered to have divine origin. Smritis refer to Manusmriti, Naradasmriti and Parasharasmriti written by renowned and learned sages.
Basic Source
The main difference between Sharia and Dharma arises in the difference in the nature of their respective primary source i.e The Koran and The Vedas. The Koran divides humanity into the believers or Muslims and Non-believers or Kafirs. The Ved on the other hand considers the whole of mankind as one single entity due to the presence within each, of the God Principle or Atma.
Secondary Source
The secondary sources of Islam are based on the behavior of the Prophet. An analysis of the prophet’s behavior with the general public of a defeated country is devoid of humanity and compassion. The Prophet waged wars on his neighbors and indulged in seizing of properties , mass abduction of women and girls, enslavement and beheading . This behavior pattern is replicated even today by Muslim groups like the Taliban and the Islamic state and Muslim nations like Saudi Arabia and Pakistan. On the other hand the secondary sources of the Hindu laws are the Texts namely Manusmriti, Naradasmriti etc which prescribe a careful scrutiny of the crime committed and punishment according to the severity of the wrong done. These are practical laws that take into consideration the rights of the criminal and the part played by his background in his behavior.
Treatment of Minorities
The Sharia operating in Muslim nations deny basic rights, security and opportunities to Non-Muslim Citizens. In the name of Sharia Non-Muslims are segregated and made to distinguish themselves with identification marks. We saw this in Taliban ruled Afghanistan, in the treatment of Christian minorities in the Middle East and with Hindus in Bangladesh and Pakistan. Hindu laws however apply equally to all irrespective of how they address their gods. Muslim minorities are much better off than Hindu minorities are in Muslim countries.
Treatment of Women
Sharia denies women the right of equality, forces on them a dress code and mutilates them in the name of religion. Hindu law however gives women importance in the household, respects their womanhood and their role as wife and mothers.
Rennovative
The Sharia has not changed since the time of the prophet who lived in the 7th Century AD. In the past 1315 years it has remained the same. Hindu law in contrast adopts and modifies with time.
Conclusion
The situation that Muslim nations find themselves today is mainly due to the nature of their Sharia while condition of India today with all the challenges it is currently facing reflects the flexibility and inclusive nature of its Dharam.
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References :
[0]https://en.wikipedia.org/wiki/Sharia
The article is a biases one, probably written by some hindu from India with incomplete knowledge of both Islam and hinduism. The literal meaning of the word Islam means Peace whereas the writer of aforesaid article, due to his little or zero knowledge base, has totally distorted the facts. The main difference between hinduism and Islam is that hindus beleive in many Gods whereas Islam beleives in one God, Allah. Above article utterly failed to mention the basic difference and kept emphasis on the biased and distorted facts.
I agree with you Nisar
Rightly said. Further, what has mentioned and compare the Islamic Law to the present IS form is wrong. It is said as “This behavior pattern is replicated even today by Muslim groups like the Taliban and the Islamic state and Muslim nations like Saudi Arabia and Pakistan.”
In fact, the present Taliban or IS rule is the perversion of Islamic laws and creation of non-islamic forces to defeat the very tenet of Islam.
Rightly said. Further, what has mentioned and compare the Islamic Law to the present IS form is wrong. It is said as “This behavior pattern is replicated even today by Muslim groups like the Taliban and the Islamic state and Muslim nations like Saudi Arabia and Pakistan.”
In fact, the present Taliban or IS rule is the perversion of Islamic laws and creation of non-islamic forces to defeat the very tenet of Islam. It is wrong to suggest, women are not equal in Islam. The best example is of equal rights par with son in the partition and more so has a right to remarry thereafter death of her husband and get separated.She can claimed the residuary and ancestral rights in the next husband properties which is not found in any other laws.
I think, the other is fully impressed with the taliban belief in Islam and have not understood the forces behind creation of taliban/IS which a political movements created for petrol politics and defame Islam.
Islamic law is based on the holy quran and the tradition of prophet mohamed (pbuh) while hindu law is mythological
It is true that the one had written this difference between Islam and Hinduism is without 0 knowledge as he don’t know that Hindus were the one who used to burn live women with their dead husband known as SATI PRATHA . And the writer had not made any difference but just commented on Islam Laws
what changes has Hindus made in India
I really support you Nassar
Mughal emperor Humayun (1508-1556) was the first to try a royal fiat against sati. Akbar (1542–1605) was next to issue official general orders prohibiting sati and insisted that no woman could commit sati without the specific permission of his chief police officers. The chief police officers were instructed by him to delay the woman’s decision for as long as possible.Pensions, gifts, and rehabilitative help were offered to the potential sati to persuade her from committing the act. Tavernier, writing in the reign of Shah Jahan, observed that widows with children were not allowed in any circumstances to burn and that in other cases, governors did not readily give permission, but could be bribed to do so.
It means Muslims respected women!!!!!!!
Satipratha is also, on occasion, used as a term signifying the custom of burning widows alive.[11] Two other terms closely connected to sati are sativrata and satimata. Sativrata denotes the woman who, after her husband’s death, has made the formal vow, vrat, to burn herself on his pyre. After her death on the pyre, she achieves the venerated status as a satimata[
Islam is the only religion which given most respect n honor to women n ALLAHTAWALA gave a full sura on women in QUR’AN that is AN-NISAA means women…
Rennovative
The Sharia has not changed since the time of the prophet who lived in the 7th Century AD. In the past 1315 years it has remained the same. Hindu law in contrast adopts and modifies with time.
So it is clearly clear that ISLAM is a true religion coming from ALLAH… and the hindoisam is a men created religion.
sadyon sa qaonon chala arha ha k saayb(apple) k darkaht pe saayb he niklay ga aam(mango) nahi nikal sakta…. kon ha jo is qanon ko change kary??? Islam ALLAH k pasndaeda mazhab ha.kise ma ha taqat k osay change kar sakay.
Admin, it is sad to say that, you mentioned in your site very abusive and sacrilegious language against Prophet Muhammad (PBUH) and Islam at some places. For instance:you mentioned that: (i am v hesitate to write)….. “”The Prophet waged wars on his neighbors and indulged in seizing of properties , mass abduction of women and girls, enslavement and beheading . This behavior pattern is replicated even today by Muslim groups like the Taliban and the Islamic state and Muslim nations.”” these lines clearly shown as narrow mindedness and bigotry.
This is what a blunder by you and i strongly protest and make a demand to delete this kind of bigotry and non realistic substance from your site and first learn about true biography of Prophet Muhammad and learn Islam.
I can 100% sure that, if you learn about Islam without any discrimination and to take off the lens of prejudice, then it will become clear to you that, Islam is how much peaceful religion and Prophet Muhammad never began war first nor violate the right of others, but protected them and gave them proper rights and Law and create a peaceful society. As far as it is question of terrorism, they are either misguided or sponsored terrorists by agencies. Prophet Muhammad was even said about these misguided terrorists: ” These are the dogs of hell, wherever you find, kill them”.
For learning about Islamic literature visit these sites:
http://www.minhajbooks.com/english/English/english-islamic-books.html
http://www.minhajbooks.com/english/bookid/247/Sirat-ur-Rasul-PBUH-vol-1-by-Shaykh-ul-Islam-Dr-Muhammad-Tahir-ul-Qadri.html
Yes, Hinduism and Hindu law were not good during medivial ages, but we’re reformed to such an extent, they are in much better position than any others today. Quite opposite in Islamic law, when it arrived , it was best in those days, but it could not keep pace with changing times and no one reformed it. That’s why Muslim law looks outdated and non progressive.
I agree with u naveen. It is said in bhagvat gita that change is a law of universe. It is the key to progress. Hindus have stopped practicing sati which is really appreciable. It is also adopting new laws unlike other orthodox communities which r reluctant to make any changes in their religious laws.
Why are we so narrow? Above comments are either focused giving justification to the plus or sort of good points about both the religions. If you people are so well versed then why can’t you properly write down something, instead of commenting. A normal reader like me won’t even go beyond two comments after reading the actual peice which gives wrong or sort of biased information. I due to interest read. Can someone please write about the actual topic” difference between Hindu and Muslim law” or difference in their jurisprudence with proper research. Half information is also harmful as well as wrong or biased one.