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    Use of Sunnah in Islamic Legal Thinking

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    Hadiths play an important role in establishing Islamic law. They explain, add to, and restrict teachings from the Quran. Where the Quran is silent, hadiths provide rulings as primary legal sources. Early Islamic leaders also used hadiths when deriving new laws through ijma and qiyas.

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    Use of Sunnah in Islamic Legal Thinking

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    joeabdulhadi0
    59 views2 pages
    Hadiths play an important role in establishing Islamic law. They explain, add to, and restrict teachings from the Quran. Where the Quran is silent, hadiths provide rulings as primary legal sources. Early Islamic leaders also used hadiths when deriving new laws through ijma and qiyas.

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    Use of Sunnah in Islamic Legal thinking

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    Hadiths play an important role in establishing Islamic law. They explain, add to, and restrict teachings from the Quran. Where the Quran is silent, hadiths provide rulings as primary legal sources. Early Islamic leaders also used hadiths when deriving new laws through ijma and qiyas.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    59 views2 pages

    Use of Sunnah in Islamic Legal Thinking

    Uploaded by

    joeabdulhadi0
    Hadiths play an important role in establishing Islamic law. They explain, add to, and restrict teachings from the Quran. Where the Quran is silent, hadiths provide rulings as primary legal sources. Early Islamic leaders also used hadiths when deriving new laws through ijma and qiyas.

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    © All Rights Reserved
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    THE HISTORY AND IMPORTANCE OF HADITH

    USE OF SUNNAH IN ISLAMIC LEGAL THINKING

    PPQ

    Q 2 (a) Describe how the Hadiths are used in establishing law in Islam. [10] (2013 – Oct Nov – 22)

    Q2 (a) What part do Hadiths play in Islamic legal thinking? [10] (2011 – May June – 02)

    ANSWER (OUTLINE):

    ü Meaning & status of hadith


    ü Relationship with Quran
    o Explains the teachings of the Quran (tafseer of Quran)
    § Elaborate the Quran
    § Gives another meaning of words of the Quran
    § Restricts the meaning of the Quran
    o When Quran is silent it gives a ruling acting as a primary source of Islamic law
    ü Hadith with Ijma & Qiyas
    ü Examples of the early successors using knowledge of Hadiths to help formulate laws

    Answer:

    The word Hadith literally means: ‘talk, statement or action’. In Islamic terminology, Hadith
    are the sayings, actions and tacit approval of Prophet (SAW). It is the second most important
    source of Islamic legal thinking after the Quran. Sunnah is based on Divine revelation. Allah
    says: “He does not speak of his own will but it is a revelation sent down to him.” (An
    Najm 53:3-4). One of the duties of the Prophet (SAW) mentioned in the Quran was to judge
    between people in their disputes. Since his judgements are all based on revelations as
    mentioned earlier, they must be considered a primary source of principles by which the
    judgements are carried out in an Islamic law. Allah says in the Quran: “O you who believe!
    Obey Allah & obey the Messenger (SAW) & those in charge with authority among you.
    If you dispute about anything, refer it to Allah & the Messenger”. (Nisa 4:59). It is
    universally accepted by all the Muslim jurists that ahadith of the Prophet (SAW) are complete
    & comprehensive guide for all the mankind in every aspect of their life. It is also made clear
    that obedience to the Prophet (SAW) is indeed obedience to Allah. “Whosoever obeys the
    Messenger obeys Allah.” (Nisa 4:80)

    The ahadith of the Prophet (SAW) are used in the following ways to establish the Shariyah
    laws. The ahadith of the Prophet (SAW) either explains the verse, add or restricts something
    to its commandments. This explanation, addition or restriction becomes a source of Islamic
    law. So if the verse contains an obligation, then the explanation of how to put it into practice
    would be given by the Prophet (SAW). “Establish prayers and give charity.” (Surah
    Baqarah 2:43). However, it does not explain the method of praying, the number of Rakahs,
    or its timings. These details were given by Prophet (SAW). He (SAW) said: “Pray as you
    have seen me praying.” (Agreed). Similarly, for paying Zakah, the details of Nisab on
    different kinds of wealth is explained by the Prophet (SAW). Hadiths also restrict the meaning
    of a verse e.g. in the case of theft the command is to cut off their hands. [As for] the thief,
    the male and the female, amputate their hands in recompense for what they
    committed as a deterrent [punishment] from Allah.” [Maida 5:38] How much of the
    hand is to be cut off? Which hand is to be cut off? The Prophet (pbuh) educated the
    companions on both issues by stating that in the case of theft the right hand up to the wrist
    is to be cut off. Similarly, hadith can also exempt something from the general ruling given
    in the Quran, for example Allah forbids to eat dead animals in the Quran but the Prophet
    (SAW) particularized this command by saying: “Sea water is pure & its dead is lawful
    (for food).” (Ibn Majah)

    Haidth also lays down the rules when the Quran is altogether silent regarding a legal issue
    and hence acts as a primary source. e.g. the Quran talks about inheritance but doesn’t
    mention the inheritance by non-Muslim relatives. Prophet (SAW) said: “A Muslim may not
    inherit from a non-Muslim nor a non-Muslim may inherit from a Muslim.” (Agreed).
    Moreover, Allah gives details of whom a person is prohibited to marry. However, Prophet
    (SAW) added some relations in this list that weren’t given by the Quran. Prophet (SAW) said:

    Compiled by: Ayesha Saulat 2021


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    “A woman and her paternal aunt can’t be united nor a woman and her maternal
    aunt.” (Agreed).

    Other actions done by the Prophet (SAW) to seek nearness to Allah (SWT) are also lawful for
    people to do for example: farming, sale, purchase etc. Also if any action has happened in
    front of Prophet (SAW) & he has remained silent and didn’t object or praise it, it is also lawful
    as he would never allow anything unlawful in his presence, example Khalid bin Walid eating
    Dhab in front of him. (Prophet (SAW) didn’t eat it as he said its not the food of the land of his
    people & he doesn’t have any liking for it but he didn’t stop Khalid from eating it). Similarly if
    he has shown happiness on something happening in front of him then that act is considered
    lawful for Muslims. The immediate successors of the Prophet (SAW) also used ahadith for
    establishing laws after his death. One such example is selection of Abu Bakr as a caliph by
    the companions. The Prophet (SAW)’s command that Abu Bakr should lead the prayer
    indicated that he is the most knowledgeable of all the companions and clarified his status
    as a successor of the Prophet (SAW). During Abu Bakr’s caliphate he referred to the Qur’an
    whenever a legal case came before him. If he found no applicable judgment in it, he referred
    to Hadiths and if he failed there would ask the other companions and if they informed him
    of any decision of the Prophet, he settled the matter according to it.

    Also ahadith are very important to support the extension of laws through Ijma & Qiyas.
    Permission of Ijma is explained in the following hadith: “Gather together the righteous
    from my ummah & decide the matter by their council & do not decide it by any man’s
    opinion.” (Abu Dawud). The Prophet (SAW) himself consulted his companions in his lifetime
    on different occasions like in battle of Khandaq he dug a trench on suggestion of Salman al
    Farsi. Prophet (SAW) prayed Taraweeh in congregation only 3 or 4 times in his life but in
    Umar’s caliphate he introduced the system of Taraweeh in Mosque on the basis of Ijma.
    Similarly, Sunnah also allows & supports Qiyas in making laws for the newly arriving issues
    not dealt directly in the Quran & Sunnah. The Prophet (SAW) said to Abu Musa Al-Ashari:
    “Judge upon the book of Allah, if you do not find in it what you need, upon the
    Sunnah of the Prophet (SAW) & if you do not find in that, then use your personal
    opnion.” (Sunan Abu Dawud). The Prophet showed his companions how to do Qiyas when
    he allowed a woman to do Hajj on behalf of her deceased mother by comparing the obligation
    of Hajj to the debt which should be paid by the heirs. Also he didn’t object to Ali when he
    exercised his personal judgment and refused to erase the wordings, ‘Muhammad, the
    Messenger of God’ from the treaty of Hudaybiyah on the demand of Makkan chiefs. Ali (RA)
    also did Qiyas after the demise of the Prophet (SAW) when he suggested punishment of 80
    lashes to a drunkard and based it on the asl ruling of punishment of the one who slanders
    a chaste women & isn’t able to produce 4 witnesses. He based the illa as both of them are
    lying.

    Hence the role of hadith of Prophet (SAW) as a source of law can be summarized by the
    verse: “And whatsoever the Messenger (SAW) gives you, take it & whatever he forbids,
    abstain from it.” (Hashr 59:7)

    Compiled by: Ayesha Saulat 2021


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