APPLICATION OF ISLAMIC LAW
Definition of a Muslim
The Islamic law applies to all Muslims whether they are so by birth or by conversion. Any person who professedly accepts the unity of Allah and the prophetic character of Muhammad (Sm) is a Muslim and accordingly Islamic law applies on him. In a case, it was laid down that the essential doctrine of Islam is
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that there is but one Allah and
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that Muhammad is His prophet (Lailaha illa Allah Muhammadur Rasullah). This is the indispensable minimum a belief short of this is not Islam.
It is not necessary that a Muslim should be born a Muslim; when be is, he is regarded a Muslim. If a man is born a Muslim, the presumption is that he is a Muslim. As a matter of fact vast majority of Muslims in the whole of the world are so, by birth.
LIMITED SCOPE OF ISLAMIC LAW IN BANGLADESH
The provisions of the Islamic law are not applicable to enact in Bangladesh in there entirely. Islamic law is not the common law of Bangladesh. Ii is applied by Courts of Bangladesh to certain classes of matters and certain classes of people as part of the law of the land. Most of the provisions of Islamic law are not applicable in Bangladesh and had been superseded by legislation in India during the British period. Only some of them are applicable to Bangladeshi, Indian and Pakistani courts. The provisions of the Islamic law may, for purposes of application to Bangladesh, be classified as follows:
- Provisions, which are not applicable at all, e.g. the law relating to evidence and procedure, both criminal and civil. In all these matters, the law applicable both to the Muslims and non-Muslims is the same
- Provisions which are applicable --These may be sub-divided under the following heads:
- Those, which are expressly directed to be applied by any law for the time being in, force (e.g. questions relating to inheritance, succession and marriage)
- Those, which are applied on the principles of justice, equity and good conscience (e.g. Ike rules of preemption).
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