The term Mohammedan Law is misnomer because the Prophet of Islam aid not lay down any law of his own creation, he only gave out the message of God, which is, recorded in the Holy Quran.
The Prophet of Islam only asked his followers, if they so desired, to follow the message and submit to the will of God. The term Islam originates from the word ‘Salam’ (Safety). In its technical application, the term Islam means submission to the WILL of God. The term Muslim is a noun of the term Islam and means the One who adopts the faith of Islam. Thus, the Prophet Muhammad having not propounded any law of his own creation, it would be very erroneous to say that there is any law laid down by Muhammad to be called as Mohammedan Law. Hence, the use of the term Muslim Law is a misnomer.
The terminology ‘Mohammedan Law’, however, is a useful expression so far as India is concerned because, in India, not the whole of the Islamic law, but only a certain part of it, is applied to Muslims, Mohammedan Law, in India, can be said to mean: that portion of Islamic Civil Law which relates to (i) Inheritance/succession, (ii) Wills, (iii) Gifts, (iv) Wakfs (v) Marriage, (vi) Dower, (vii) Divorce, (viii) Paternity, Guardianship and (ix) Maintenance which is applicable to Muslims in India. From amongst these, only the Personal Law of Muslims, namely (a) Marriage, (b) Dower, (c) Divorce and (d) Paternity, Guardianship (e) Maintenance is, discussed in this Book.
Muslim Law was applied to Muslims in British India as a matter of policy, which was the result of the adoption of a tradition inherited from the Mughal rulers. The earliest trace of acceptance of this policy is to be found in the Charter of George II, granted in 1753. In Warren Basting’s plan for the administration of justice (proposed and adopted in 1772), when the East India Company took over the management of their territories in India it was provided in that Plan that Maulvis and Pundits should attend the Courts to expound the law and to assist the Courts in administration of justice.
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Later on, by Section 27 of the Regulation of 1780, it was laid down that in all suits of inheritance, marriage and caste and other religious usages, the laws of the Quran with respect to Mohammedans and those of the Shastras with respect to Hindus shall be invariably adhered to. By that provision Maulvis gave out conflicting traditions of Prophet Mohammad. There also came to be enacted various enactments having limited applications to the respective princely States to avoid conflicting opinions of Maulvis. These, enactments then came to be made applicable to Muslims in India. It may expressly be noted here that in India Muslim Law is partly codified and partly un-codified. To be exact and precise, it may be noted that in India, codified Muslim Law includes The Kazi/Quazis Act, 1880, The Muslim Personal Law (Shariat) Act, 1937, The Dissolution of Muslim Marriages Act, 1939, The Muslim Women (Protection of Rights on Divorce) Act, 1986 and The Wakf Act, 1995. The rest is un-codified Muslim Law although there is no reason or justification for the same.