Basic knowledge of the Primary Source texts (Quran and Sunnah)
- A mujtahid must know the tools of ijtihad
- A mujtahid must know the realities of society
- Specification (khaass) and generality (‘aam)
- Unconditional (mutlaq) and conditional (muqayyad)
- Commonality (mushtarak) and interpreted (mu’awwal)
- Command (amr) and prohibition (nahy)
- Modes of expression:
- Apparent (zahir), clear (nass), explained (mufassar) and the unequivocal (muhkam) expressions
- Those that oppose them:
- Obscure (khafi), problematic (mushkil), unclear (mujmal) and the ambiguous (mutashabih) expressions.
- Proofs by The Qur’an1. The Qur’an points out that whatever originated from Messenger of Allah does not come out from his own desire but it is a type of revelation. “Nor does he say (aught) of (his own) desire. It is no less than inspiration sent down to him” (alNajm (The Star): 3-4)2. There are many verses of the Qur’an command the believer to follow the Sunnahi.e. to obey the Messenger of Allah “O ye who believe! Obey Allah and obey the Messenger…” (al-Nisa’(4): 59)Proofs continue…
• Obedience to Messenger is obedience to Allah. “He who obey the Messenger, obeys Allah” (al-Nisa’(4): 80)
• To follow whatever is brought by Messenger and to refrain whatever is prohibited by him. “And whatever the Messenger gives you, take (observe) it, and whatever he forbids you, abstain from it.” (al-Hashr(59):7)
• To refer any dispute to Qur’an and Sunnah “ O ye who believe! Obey Allah and Obey the Messenger and those charged with authority among you. If ye differ in anything among yourselves, refer it to Allah and His Messenger…” (al-Nisa’(4):59)Proof by Ijma’
•Muslims from the time of Messenger of Allah till today are in agreement that the Sunnah is a source of Islamic law. The Muslims are bound to follow legal injunctions that are derived from Sunnah and they do not differentiate between the legal injunction which laid down by the Qur’an and the Sunnah. The relationship between the Qur’an and Sunnah
• The Sunnah has close relationship with the Qur’an.
• It is a secondary and complementary to the Qur’an.
• It is an elaboration and explanation of the Qur’an.
• Recourse to the Sunnah is required in case if the words of the Qur’an convey ambiguous meaning and have possibility of more than one meaning.
• Thus the Sunnah plays significant role with respect to the Qur’an in explanation of legal rules
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Sunnah
Sunnah is defined as “what was transmitted from the Messenger of Allah of his words, acts and tacit approvals.
”Position and justification of Sunnah as a Source of Law
• Sunnah is the second primary source of Islamic law and its position is next after the Qur’an.
• In case when the jurist does not find a text in the Qur’an for a case he has to settle, he has to recourse to the Sunnah in derivation of the rule.
• The Sunnah of sound and complete chain of narrator which meant for legislation and legal rules is as an authoritative source of Islamic law.
• Proof of the Sunnah as the source of law is established by Qur’an and Ijma’.
The Role of Sunnah
With Respect To The Qur’an
1) The Sunnah reemphasizes and reiterates the injunction of the Qur’an. That is a particular injunction is based on two authorities and derived from two sources. This indicates that such particular injunction is established by the Qur’an and supported by the Sunnah.
Example: Injunction relating to the prohibition of taking a property of other person without his consent. “It is unlawful to possess a property of a Muslim without his express consent” (It is reported by al-Darqutni) This Sunnah emphasizes the Quranic injunction: “O ye who believe! Eat not up your property among yourselves unjustly except it be a trade amongst you by mutual consent…” (al-Nisa’(4):29)
2-The Sunnah explains and clarifies the verses of the Qur’an.
This is in three ways.
a) Explains and elaborates the concise verses of the Qur’an.
• Example: The Sunnah explains the manner of performing prayer, fasting, types of Riba etc
b) Specify the generality of rule of the Qur’an. E.g. The Sunnah: “He who kills the deceased will not inherit” specifies the generality of the rule contained in the Qur’anic verse “Allah command you concerning your children: for the male is the equal of the portion of two female.” (al-Nisa’ (4): 11)
c) Restrict the absolute rule of the Qur’an. E.g. The Sunnahs restrict the absolute rule of the verse “As to the thief male or female cut off his or her hands: A punishment by way of example from Allah for their crime…” (al-Ma’idah(5):38) by prescribing the value of property, the property must be under custody and that it is the right hand that is to be cut.
3) The Sunnah abrogates the rule established by the Qur’an. E.g. According to majority of Muslim jurists, the Sunnah: “No will should be made to legal heir” abrogates the verse prescribed to make a will to parent and near relatives i.e. “ It is prescribed for you, when death approaches one of you, if he leaves behind some goods to make a will for parent and near relatives.” (al-Baqarah(2): 180).
4) The Sunnah lays down legal injunction that is silent by the Qur’an. E.g.
• the prohibition of wearing a gold ring by man
• prohibition of combining a woman together with her paternal auntie and maternal auntie in marriage
• permissible of the carrion (death animal) of the sea etc.
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Secondary sources of Islamic Jurisprudence
Ijma as Sahabah (Consensus of the Companions)
- “Obey Allah, Obey the messenger, and those charged with authority above you” (4:59)
- “And when it is said to them (hypocrites): “Believe as the people (followers of Muhammad Peace be upon him, Al-Ansar and Al-Muhajirun) have believed,” they say: “Shall we believe as the fools have believed?” Verily, they are the fools, but they know not.” (2:13)
- Ijma is a secondary source and is thus dependent on the Quran/Hadith.
- It is referred to when the primary sources are silent or don’t provide clear guidance on an issue.
- It came into practice after the death of the Holy Prophet since before that one could simply consult Prophet Muhammad on any issue
- Muslim scholars sit together and discuss the issue in the light of the primary sources till a general agreement is reached in order to create the Ijma
- Ijma is a secondary source and is thus dependent on the Quran/Hadith.
Qiyas (Analogy)
- In a conversation with Muaz bin Jabal, Nabi SAW asked him, “How will you judge?”
- “According to the book of Allah”
- “And if you find nothing therein?”
- “According to the Sunnah
- “And if you find nothing therein?”
- “Then I will exert myself to form my own judgement”
