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2.

Concise and Detail (al-ijmal wa'l-tafsil)

• Large part of the Qur’an speaks about general principles


and only small part of the Qur’an lays down specific rules.

•Being the principal source of the Shari’ah, the Qur'an lays


down general guidelines on almost every major topic of
Islamic law.

• While commenting on this point, Abu Zahrah agrees with


Ibn Hazm's assessment that 'every single chapter of fiqh finds
its Origin in the Qur'an, which is then explained and
elaborated by the Sunnah'.
• The often-quoted declaration that

'We have neglected nothing in the Book' (al-An'am, 6:38)

is held to mean that the ru'us al-ahkam, that is, the general of
law and religion, are comprehensively treated in the Qur’an.

• The Qur’an is mainly concerned with general principles


carried out by the fact that its contents require a great deal of
elaboration, which is often provided, although not
exhaustively, by the Sunnah.
For example: – The ayah reads:
'O you who believe, obey God and obey the Messenger, and those
of you who are in authority; and if you have a dispute concerning
any matter refer it to God and to the Messenger . ..' (al Nisa',
4:58). –

'Obey God' in this ayah refers to the Qur’an as the first source,

‘Obey the Messenger' refers to the Sunnah of the Prophet,

'and those of you who are in authority' authorizes the consensus of


the ulema.

The last portion of the ayah ('and if you have a dispute. . .')
validates qiyas. For a dispute can only be referred to God and to
the Messenger by extending the rulings of the Qur’an and Sunnah
through analogy to similar cases.
• Al-Shatibi further observes that wherever the Qur’an provides specific
details it is related to the exposition and better understanding of its
general principles.

Example of general principals:

• The Qur’anic legislation on civil, economic and international affairs is,


on the whole, confined to an exposition of the general principles and
objectives of the law.

With regard to civil transactions, for example, the nusus of the Qur’an
on the fulfillment of contracts, the legality of sale, the prohibition of
usury etc are all concerned with general principles.
Example of detail principals:

• In the sphere of crimes and penalties, the Qur'anic


legislation is specific with regard to only five offences:

– Murder,
– theft,
– highway robbery,
– Zina
– Slanderous accusation.
• As for the rest, the Qur’an authorizes the community and
those who are in charge of their affairs (i.e. the ulu al-amr) to
determine them in the light of the general principles of
Shari’ah and the prevailing conditions of society.

• Once again the Qur’an lays down the broad principles of


penal law when it provides that

'the punishment of an evil is an evil like it' (al-Shura, 42:40),

and 'when you decide to punish then punish in proportion to


the offence committed against you' (al-Nahl, 16:126).
3. Justification – or Ta'lil in the Qur’an

• Literally ta’lil means 'causation', or 'search for the


causes', and refers to the logical relationship between
the cause and effect.

• But the ulema of jurisprudence tend to use ta’lil and


its derivative 'illah, for different purposes.

•'illah refers to the rationale of an injunction, and in


this sense, it is synonymous with hikmah, that is, the
purpose and the objective of the law.
There are instances where the Qur’an justifies its rulings with
a reference to the benefits or objectives which they may serve.

E.g. The Qur’an regulates the distribution of booty among the


needy, the orphans and the wayfarers

“so that wealth does not merely circulate among the wealthy”
[al-Hashr :7]

•However, It is observed that some of the Qur’anic rulings are


independent of justification. On these occasions the jurists
have identified the 'illah through reasoning and ijtihad.
• The identification of 'illah in the following for
example, is based on speculative reasoning on which the
ulema are not unanimous:

•that arrival of the specified time is the cause (sabab or


'illah) of the prayer,

•that owning property is the cause of zakat.

These examples will in the meantime serve to show the


difference between the literal/logical meaning of "illah'
and its juridical usage among the ulema of
jurisprudence.
• Ta’lil acquires a special significance in the context of
analogical deduction. ‘Illah is an essential requirement
of analogy (Qiyas).

• To enable the extension of an existing rule of the


Shari’ah to similar cases, the mujtahid must establish a
common ‘illah between the original and the new case.

• To exercise ta’lil does not lessen either the binding


power or the holiness of the divine injunctions.
4. Inimitability or Ijaz ul Quran
Linguistic Excellence

Many scholars have pointed out that there exists no


piece of literature that can match the literary excellence
of the Qur’an with respect to both content and form.
For example sura al-Baqarah (2:23) which reads:

'If you are in any doubt about what We have sent to


Our servant, then bring a chapter like it and call in
your witnesses besides God, if you are truthful.
Accurate History

• The second aspect of i’jaz in the Qur’an is its


narration of events which took place centuries
ago.

• The accuracy of the Qur'anic narratives


concerning such events is generally confirmed
by historical evidence.
Accurate Prediction

• The third aspect of i’jaz in the Qur’an is its


accurate prediction of future events.
Such as:

•The victory of the Muslims in the battle of Badr


(alAnfal, 8:7),

• The conquest of Mecca (al-Fath, 48:27)


Scientific Truth

• The fourth aspect of i’jaz in the Qur’an is


manifested in its scientific truth concerning the
creation of man, the earth and the planetary system.

That all life originated in water (al-Anbiya', 21:30).

That matter is made up of minute particles (Yunus,


10:62).
Quranic ayah on Big Bang theory and universe expansion

Big Bang:

“Have those who disbelieved not considered that the heavens and
the earth were a joined entity, then We separated them, and made
from water every living thing? Then will they not believe?”
(Quran 21:30)

Expansion:

And the heaven We created with might, and indeed We


are (its) expander.” (Quran 51:47)
5. Occasions of Revelation (asbab al-nuzul)

Asbab al-nuzul deal with the phenomenology of the


Qur’an, and explain the events which are related to the
revelation of its particular passages. The well-known asbab
al-nuzul have been related to us by reliable Companions.

The authenticity of such reports is subject to the same rules


as are applied to Hadith in general.

In this way, reports from the Successors (tabi'un) only


which do not go back to the Prophet and his Companions
are considered to be weak (da'if).
The knowledge of asbab al-nuzul is necessary because of two
main reasons:

First reason: –

•Knowledge of words and concepts is incomplete without the


knowledge of the context and the nature of the audience.

•Ignorance of the asbab al-nuzul may thus lead to the omission


or misunderstanding of a part or even the whole of an
injunction.
Second reason: –
Ignorance of asbab al-nuzal may lead to unwarranted disagreement
and even conflict.

It is reported that in a conversation with 'Abd Allah ibn ‘Abbas,


'Umar ibn al-Khattab asked him:

'Why should there be disagreement among this ummah, all of whom


follow the same Prophet and pray in the direction of the same
qiblah?' To this Ibn 'Abbas replied, 'O Commander of the Faithful,
the Qur’an was sent down to us, we read it and we know the
circumstances in which it was revealed. But there may be people
after us who will read the Qur’an without knowing the occasions of
its revelation. Thus they will form their own opinion, which might
lead to conflict and even bloodshed among them.‘[Shatibi,
Muwafaqat, III, p. 202.]
Hadith: Source of Islamic law.
Literal Meaning

•Literally, Sunnah means a clear path or a beaten track but it has


also been used to imply normative practice. It may be a good
example or a bad, and it may be set by an individual, people or a
community.

•According to its original meaning in the Arabic language,


Sunnah means a way, regardless of whether the intended.

•In Arab, Continuous practice of forefathers.


•Later the term was applied to the practice of Prophet ‫ﷺ‬.
•The opposite of sunnah is bidaah or innovation.
‫غ ْي ِر أَ ْن‬ َ ‫سنَةً فَلَهُ أ َ ْج ُر َها َوأ َ ْج ُر َم ْن‬
َ ‫ ِم ْن‬،ُ‫ع ِم َل ِب َها بَ ْعدَه‬ َ ‫سنَّةً َح‬ُ ‫س َّن فِي اْ ِإل ْسالَ ِم‬
َ ‫َم ْن‬
َ َ‫س ِيئَةً َكان‬
‫علَ ْي ِه ِو ْز ُر َها‬ َ ً‫سنَّة‬ُ ‫س َّن فِي اْ ِإل ْسالَ ِم‬ َ ‫و َم ْن‬. ‫ش ْي ٌء‬ َ ‫ص ِم ْن أ ُ ُج ْو ِر ِه ْم‬
َ ُ‫يَ ْنق‬
ْ ‫ص ِم ْن أ َ ْوزَ ِار ِه ْم ش‬
‫َي ٌء‬ َ ُ‫غي ِْر أَ ْن يَ ْنق‬
َ ‫ع ِم َل ِب َها ِم ْن بَ ْع ِد ِه ِم ْن‬َ ‫َو ِو ْز ُر َم ْن‬

'Whoever sets a good example - man sanna sunnatan


hasanatan - he and all those who act upon it shall be
rewarded till the day of resurrection; and whoever sets a bad
example - man sanna sunnatan sayyi'atan - he and all those
who follow it will carry the burden of its blame till the day of
resurrection
(Sahih Muslim 1017 )
Usage of term in Quran

• In the Qur'an' the word 'Sunnah' and its plural, sunan , have
been used on a number of occasions (16 times to be precise). In
all these instances, sunnah has been used to imply an
established practice or code of conduct

• Sunnah al-Nabi (or Sunnah al-Rasul), that is, the Prophetic


Sunnah, does not occur in the Qur'an as such. But the phrase
uswah hasanah (excellent conduct) which occurs in sura-al-
Ahzab (33:21) in reference to the exemplary conduct of the
Prophet is the nearest Qur'anic equivalent of Sunnah al-Nabi.
The uswah, or example of the Prophet‫ﷺ‬, was later interpreted
to be a reference to his Sunnah.

َ ‫َّللاِ أ ُ ْس َوة ٌ َح‬


•ٌ‫سنَة‬ ُ ‫لَقَ ْد َكانَ لَ ُك ْم ِفي َر‬
َّ ‫سو ِل‬
The Sunnah is a definitive source

Allah (swt) says in the Qur‟an:


‫ع ِن ْٱل َه َوى‬
َ ‫نط ُق‬ ِ َ‫َو َما ي‬
ٌ ‫ِإ ْن ُه َو ِإ ََّّل َو ْح‬
‫ى يُو َحى‬

“Nor does he say of his (prophet) own desire. It is no less than


inspiration sent down to him” [Al-Najm, 3-4]

َ ‫سو ُل فَ ُخذُوهُ َو َما نَ َها ُك ْم‬


‫ع ْنهُ فَا ْنتَ ُهوا‬ َّ ‫َو َما آتَا ُك ُم‬
ُ ‫الر‬

“And whatever the Messenger orders you observe it, whatever


he forbids you, refrain from it” [Al Hashar 59:7]

َّ ‫ع‬
َ‫َّللا‬ َ َ‫سو َل فَقَ ْد أ‬
َ ‫طا‬ َّ ‫َم ْن يُ ِط ِع‬
ُ ‫الر‬
He who obeys the Messenger has obeyed Allah.” (An-Nisa: 80)
Usage of term by Prophet

Both the terms 'Sunnah' and Sunnah Rasul Allah' have been
used by the Prophet ‫ ﷺ‬himself and his companions. Thus when
the Prophet ‫ ﷺ‬sent Mu'adh b. Jabal as judge to the Yemen, he
was asked as to the sources on which he would rely in making
decisions. In reply Mu'adh referred first to the 'Book of Allah'
and then to the 'Sunnah of the Messenger of Allah’

In another Hadith, the Prophet‫ ﷺ‬is reported to have said, 'I left
two things among you. You shall not go astray so long as you
hold on to them: the Book of Allah and my Sunnah
(sunnati).[Tirmidhi]
Initially the use of the term ‘Sunnah’ was not restricted to the
Sunnah of the Prophet‫ ﷺ‬but was also used to imply the practice of
the community and model of the Companions.

This usage of 'Sunnah' seems to have continued till the late second
century when al-Shafi'i tried to restrict it to the Sunnah of the
Prophet ‫ ﷺ‬alone.

Sometimes the Arabic definite article 'al' was prefixed to Sunnah to


denote the Sunnah of the Prophet‫ ﷺ‬while the general usage of
Sunnah as a reference to the practice of the community, or its living
tradition, continued.

By the end of the second century Hijrah,the ulema used it


exclusively to imply the normative conduct of the Prophet ‫ﷺ‬.
The ulema discouraged the use of such expressions as the
Sunnah of Abu Bakr or 'Umar. In their view, the proper usages
of Sunnah were to be confined to Sunnah Allah, and Sunnah
Rasul Allah‫ﷺ‬, that is the Sunnah of God, or His way of doing
things, and the Sunnah of His Messenger‫ﷺ‬.

But there were variant opinions among the ulema which


disputed the foregoing, especially in view of the Hadith in
which the Prophet‫ ﷺ‬is reported to have said, 'You are to
follow my Sunnah and the Sunnah of the Rightly-Guided
caliphs.‘ (Abu Dawud)

But again, as al-Shawkani points out, it is possible that in this


Hadith, the Prophet‫ ﷺ‬had used 'Sunnah' as a substitute for
'tariqah' or the way that his Companions had shown.
As a juristic term “Sunnah” has different meanings to various
disciplines of the Islamic culture.

• To the Ulema of Hadith: Sunnah refers to all that is narrated from


the Prophet‫ﷺ‬, his acts, his sayings, whatever he has approved, and all
the reports that describe his physical attributes and character.

• To the Ulema of Fiqh (Jurisprudence): Sunnah refers to the


category of Mandub. In this sense, Sunnah is used synonymously
with Mandub. As an example, praying extra prayers or fasting extra
days other than in Ramadan is Mandub or Nafilah.

• To the Ulema of Usul al-Fiqh: Sunnah refers to another source of


Shariah along with the Quran. Thus, in the usage of Usul al-Fiqh, one
might say that fasting days other than in Ramadan is from Sunnah,
denoting that the Sunnah has validated this ruling.
The usage of Sunnah in Usul al-Fiqh should not be confused with
the Sunnah in Fiqh. In Fiqh, the term Sunnah is synonymous to
Mandub, meaning a recommended act. In Usul al-Fiqh, it is a
source for extracting rulings, and it establishes the following types
of Hukm Shar’i:

• Fard: For example, the method of praying the Salah is


established from the Sunnah and not the Qur’an. The Qur’an
issues the command to pray.

• Haram: Fasting on the day of Eid is Haram and is established


from the Sunnah.
• Mandub / Sunnah: Fasting on Monday is Mandub
and is established from the Sunnah.

• Makruh: Eating garlic before going to masjid is


Makruh and is established from the Sunnah.

• Mubah: At times the Prophet ‫ ﷺ‬drank water while


sitting or standing.
•It is a fact that the ulema have used Sunnah and Hadith, almost
interchangeably, the two terms have meanings of their own.

•Hadith differs from Sunnah in the sense that Hadith is a


narration of the conduct of the Prophet‫ ﷺ‬whereas Sunnah is the
example or the law that is deduced from it.

•The two became synonymous when the literal meaning of


sunnah was made and referred to as “Conduct of Prophet‫”ﷺ‬

• This was largely a result of al-Shafi'i's efforts, who insisted


that the Sunnah must always be derived from a genuine Hadith
and that there was no Sunnah outside the Hadith.
Proof-Value (Hujjiyyah) of Sunnah

The ulema are unanimous to the effect that Sunnah is a


source of Shari'ah and that in its rulings with regard to halal
and haram it stands on the same footing as the Qur'an.

The Sunnah of the Prophet‫ ﷺ‬is a proof (hujjah) for the


Qur'an. The words of the Prophet‫ﷺ‬, as the Qur'an tells us,
are divinely inspired (al-Najm, 53:3).His acts and teachings
that are meant to establish a rule of Shari'ah constitute a
binding proof.'
Types of Sunnah

A. Qawli (verbal): Consists of the sayings of the Prophet ‫ ﷺ‬on any


subject, for example: “He who cheats is not one of us.” (Ahmad)

B. Taqriri (Approval): Consists of the approval of the Prophet ‫ﷺ‬. If


something was done in front of him and he didn’t disapprove it, then
it is considered an approval. As an example, the Prophet ‫ ﷺ‬approved
the way women prayed in the mosque; separate from the men, but in
the same room.

C. Fa’eli (Actions): Consists of the Prophet ‫’ﷺ‬s deeds and practices,


such as the way he ‫ ﷺ‬used to pray or perform Hajj.
ِ‫ي هللا‬
َ ‫ض‬
ِ ‫ب َر‬ِ ‫طا‬ َّ ‫ع َم َر ب ِْن ْال َخ‬ ُ ‫يحيي بن يحيي الليثى عن مالك عن نافع عن اب ِْن‬
: ‫سلَّم يَقُ ْو ُل‬ َ ُ‫صلَّى هللا‬
َ ‫علَ ْي ِه َو‬ َ ِ‫س ْو َل هللا‬ َ : ‫ع ْن ُه َما قَا َل‬
ُ ‫س ِم ْعتُ َر‬ َ
‫علَى خ َْم ٍس‬
َ ‫ي اإل ْسالَ ُم‬َ ِ‫بُن‬

” Islam is based upon five things declaring that there is no


god except Allah and that Muhammad is the messenger
of Allah, the establishment of salah, the payment of zakah,
the hajj and sawm in the month ramadan.”
Hadith according to no. of narrators is of two types:
Mutawatir:
1. Every interval has 10 narrators. (different opinion)
2. It is logically impossible for narrators to agree upon a lie
3. Narration is sensory perceived. (heard or seen)

Ahad:
Riwayah Ahad is a number less than the Mutawatir.
It has further three types:

Mashoor: A Hadith reported by at least three individuals in


every interval (Sahabah, Tabi‟een, etc.).
Aziz: A Hadith reported by at least two individuals in every
interval.
Gharib: A Hadith reported by only one individual in one or
more interval.
According to the Authenticity of Hadith it is divided into
four types:
HADITH SAHIH

A Hadith narrated by an Adil (not known for misconduct) and


Daabit (maintains accuracy of the report) person from another
person of similar qualities until the end of the report. The
report should also exclude any Shudhudh (disagreement with
other credible reporters).
There are 5 conditions for hadith sahih:
1. Sanad should be continuous.
2. Narrator has to be trust worthy “Adil”
3. Narrator should be having accurate memory “Daabit”
4. It should not be a Shaaz Hadith. (More authentic narrator
should not have narrated against this hadith)
5. There should be no “Illah” (hidden defect neither in chain
nor text)
HADITH HASSAN

A Hadith, which meets the requirements of Sahih to


a lesser degree.

For instance, Dabt is 95%, everything else is same.

Both Hadith sahih and hadith hassan are valid source


of islamic law
HADITH DHA‟EEF
A weak Hadith which does not meet the
requirement of either the Sahih or the Hasan
Hadith. It is not valid source of islamic law.
Haram and Halal can not be proved through it
but Good deeds or prominance of an indiviual
can be.
HADITH MODOOH

A lie associated to prophet SAW.


The attribution of false statements to the Prophet may be
divided into two types:
(1) deliberate forgery, which is usually referred to as hadith
mawdu'
(2) unintentional fabrication, which is known as hadith batil
and is due mainly to error and recklessness in reporting. For
example, in certain cases it is noted that the chain of
narrators ended with a Companion or a Successor only but
the transmitter instead extended it directly to the Prophet.
The result is all the same, and fabrication whether deliberate
or otherwise must in all cases be abandoned
A group of heretic known as al-Zanadiqah (pl. of Zindiq), owing
to their hatred of Islam, fabricated Hadith which discredited
Islam in the view of its followers. Included among such are:
'eggplants are cure for every illness'; and 'beholding a good-
looking face is a form of 'ibadah'. It is reported that just before his
execution, one of the notorious fabricators of Hadith, 'Abd al-
Karim b. Abu al-'Awja', confessed that he had fabricated 4,000
ahadith in which halal was rendered haram and haram was
rendered halal.
These and other similar forgeries relating to the virtues of
superiority of certain tribes, cities, and periods of time over
others have been isolated by the ulema of Hadith and placed in
the category of al-Mawdu'at.