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FATIMA JINNAH WOMEN UNIVERSITY

ASSIGNMENT # 2 SUNNAH AS A SOURCE OF ISLAMIC FIQH SUBMITTED TO: MADAM HAFSAH SUBMITTED BY: IRUM AYESHA SUBJECT: HISTORY OF FIQH DATE OF SUBMISSION: 16.4.2012 Monday

Sunnah As a Source of Islamic Law

:Sunnah (1
:Literally (1.1
Sunnah means a clear path or way but it has also been used to imply normative practice, or an established course of conduct. It may be a good example or a bad, and it may be set by an .individual, a sect or a community .:Technically (1.2 It is the secondary source of Muslim laws. Sunnah means the doings of Prophet Muhammad (saw), reported through different Sahabahs (close friends or people who worked and lived with him).Holy prophet Muhammad (saw), all his life acted on what Allah told him to do and in respect of everything one can do to be a pious and complete Muslim, there is no one but Prophet Muhammad (saw)'s Sunnah which is so much complete and comprehensive that it must be followed. Sunnah the traditions or known practices of the Prophet Muhammad, many of which have been recorded in the volumes of Hadith literature. The resources include many things that he said, did, or agreed to -- and he lived his life according to the Qur'an, putting the Qur'an into practice in his own life. During his lifetime, the Prophet's family and companions observed him and shared with others exactly what they had seen in his words and behaviors -- i.e. how he performed ablutions, how he prayed, and how he performed many other acts of worship. People also asked the Prophet directly for rulings on various matters, and he would pronounce his judgment. All of these details were passed on and recorded, to be referred to in future legal rulings. Many issues concerning personal conduct, community and family relations, political matters, etc. were addressed during the time of the Prophet, decided by him, and recorded. The Sunnah can thus clarify details of what is stated generally in the Qur'an. The opposite of Sunnah is bid'ah, or innovation, which is characterized by lack of precedent and continuity with the past. 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 course of conduct. The term Sunnah was introduced in the legal theory towards the end of the first century. It may be noted that in the late 2nd Century Hijra Imam Shafii restricted the term to the Prophetic Sunnah only. In the Usul al Fiqh Sunnah means the source of Shariah next to the Quran.But to the Ulama of Fiqh Sunnah primarily refers to a Shariah value which is not obligatory but falls in the category of Mandub or recommended. But as a source, Sunnah can create obligation (wajib), Haram, Makruh, etc. In the technical usage Sunnah and Hadith have become synonymous to mean conduct of the Prophet (SM) The Sunnah of the Prophet (SM) is a proof (Hujjah). The Quran testifies that Sunnah is divinely inspired (53:3). The Quran enjoins
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Sunnah As a Source of Islamic Law


obedience to the Prophet(SM) [59:7;4:59; 4:80; 33:36]Allah asked the believers to accept the Prophet as judge (4:65)One classification of Sunnah is Qawli, Faili and Taqriri (verbal, actions .(and tacit approval

2) The Second Source of Islamic Law:


The Sunnah of the Holy Prophet Muhammad (Sallallahu alayhi wa sallam) has been accepted as an important source of Islamic law, next in importance only to the Holy Qurn. This status of the Sunnah has remained unchallenged and undisputed throughout the centuries. There have been many differences among Muslims in their juristic opinions, but the authority of the Holy Qurn and the Sunnah of the Holy Prophet (Sallallahu alayhi wa sallam) was never denied by any jurist. Leaving aside some scattered individuals who separated themselves from the main stream of the Muslim population, nobody has ever refused to accept the Sunnah of the .Holy Prophet (Sallallahu alayhi wa sallam) as a sacred source of the Islamic law The position is still the same, but some non-Muslim orientalists and some of their followers have tried, during the last century to cast some doubts in the authority or the veracity of Hadth and to develop a suspicious attitude towards the Sunnah. That is why some Muslims who are unable to study Islam through its original sources, when they read such books, often become a bit skeptical in the subject.

The Position of the Sunnah in Islamic Law (3


.During the Messengers lifetime the Quran and Sunnah were the only sources of Islamic Law The Quran provides the general injunctions that formed the basis of the Law, without going into all the details and secondary legislation, with the exception of a few injunctions that are established along with the general principles. These injunctions are not subject to change over time or with the changing circumstances of the people. The Quran, likewise, comes with the tenets of belief, sets down acts of worship, mentions the stories of the nations of old, and .provides moral guidelines The Sunnah comes in agreement with the Quran. It explains the meanings of what is unclear in the text, provides details for what is depicted in general terms, specifies what is general, and explains its injunctions and objectives. The Sunnah also comes with injunctions that are not provided by the Quran, but these are always in harmony with its principles, and they always .advance the objectives that are outlined in the Quran The Sunnah is a practical expression of what is in the Quran. This expression takes many forms. Sometimes, it comes as an action performed by the Messenger. At other times, it is a statement that he made in response to something. Sometimes, it takes the form of a statement or action of one of the Companions that he neither prevented nor objected to. On the contrary, he .remained silent about it or expressed his approval for it
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Sunnah As a Source of Islamic Law


The Sunnah explains and clarifies the Quran in many ways. It explains how to perform the acts of worship and carry out the laws that are mentioned in the Quran. God commands the believers to pray without mentioning the times that the prayers had to be performed or the manner of performing them. The Messenger clarified this through his own prayers and by .teaching the Muslims how to pray. He said: Pray as you have seen me praying God makes the Hajj pilgrimage obligatory without explaining its rites. Gods Messenger :explains this by saying .Take the rites of Hajj from me God makes the Zakah tax obligatory without mentioning what types of wealth and produce it is to be levied against. God also does not mention the minimum amount of wealth that makes the .tax obligatory. The Sunnah, though, makes all this clear :The Sunnah specifies general statements found in the Quran. God says God commands you regarding your children: to the male, a portion equal to that of two (females (Quran 4:11 This wording is general, applying to every family and making every child an inheritor of his or her parents. The Sunnah makes this ruling more specific by excluding the children of Prophets. :Gods Messenger said .We Prophets leave behind no inheritance. Whatever we leave behind is charity :The Sunnah qualifies unqualified statements in the Quran. God says and you find no water, then perform tayammum (dry ablution) with clean earth and rub (therewith your faces and hands (Quran 5:6 The verse does not mention the extent of the hand, leaving the question of whether one should rub the hands up to the wrist or the forearm. The Sunnah makes this clear by showing that it is .to the wrist, because this is what Gods Messenger did when he performed dry ablution The Sunnah also comes emphasizing what is in the Quran or providing secondary legislation for a law stated therein. This includes all the hadeeth that indicate that Prayer, the Zakah tax, .fasting, and the Hajj pilgrimage are obligatory An example of where the Sunnah provides subsidiary legislation for an injunction found in the Quran is the ruling found in the Sunnah that it is forbidden to sell fruit before it begins to ripen. :The basis for this law is the statement of the Quran Do not consume your property amongst you unjustly , except it be a trade among you by mutual .consent
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Sunnah As a Source of Islamic Law


The Sunnah contains rulings that are not mentioned in the Quran and that do not come as clarifications for something mentioned in the Quran. An example of this is the prohibition of eating donkey flesh and the flesh of predatory beasts. Another example of this is the prohibition of marrying a woman and her aunt at the same time. These and other rulings provided by the .Sunnah must be adhered to

:Qualification for Sunnah as source of law (4


It is not every Sunnah that is a Source of law. To qualify Sunnah as a source of law, it is necessary that the acts must have a legal content. The purpose of the saying or acts of the Holy .Prophet (Peace Be Upon Him) should be the laying down of the law or its elaboration

5) Original law-making by Sunnah:


Where some Hukm is not mentioned in the Quran and Holy Prophet (Peace Be Upon Him) decides it according to its own wisdom, it becomes a source of original law making.

6) Legislative function of Sunnah with respect to holy Quran or relationship between Quran and Sunnah.
Quran laid down the basic principles and Sunnah explains these principles. The legislative function of Sunnah with respect to the Holy Quran or the relationship between Quran and Sunnah can be discussed as under. (a) Specification of general rule The Ahkams in the Quran is in general, undetermined form. The Sunnah restricts or qualifies these Ahkams. Example: Quran says that for the male two shares of the female the Sunnah explains that the murdered will not inherit." (b) Elaboration of Ahkams The Ahkams in Quran are general in unelaborated from. The Sunnah elaborates these Ahkams. Example: Quran order prayer, Sunnah provide for timing, number and Rak as of prayers. (c) Analogy on the basis of rule in Quran The Sunnah may add or supplement the legal provision of the Quran. Quran prohibits marriage of two sisters with one man. Sunnah prohibits it which maternal or paternal aunt. (d) Linkage of case with well known principle Sunnah links a case with the well-known principal mentioned in the Holy Quran. Example Quran has permitted all good things and has commanded the avoidance of Khabaith. The Sunnah has linked with the Khabith the consumption of animals with morals and birds with claws. (e) General principal laid down by Sunnah
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Sunnah As a Source of Islamic Law


Sometimes Sunnah lays down a general principal. Example: Sunnah lays down the principal No injury is to be caused or borne. Quran mentions a number of cases in which injury t others has been prohibited. (f) Explanation of the implicit: The Quranic injunctions are sometimes implicit and the Sunnah makes it explicit by providing the details. Example: Quran provides that the hands of each thief are to be cut. The Sunnah restricts this to the thief who steals wealth equivalent to the Nisab and from the protective custody.

7) Some Punishments Made by Shariah:


1. A murderer must be killed in the same way as he murdered but can be set free if the bereavedfamily agrees to take some money instead of killing murderer. 2. A thief's hand must be cut, and for a decoct opposite hand and foot must be cut. 3. A person can only keep four wives at a time. Only if he can keep them all with justice,otherwise he can be trialed in a court. 4. One cannot keep two real sisters as wife at one time.Man should pay some good amount of money or some articles as a dower to the bride at the time of Nikkah (marriage). And he cannot take it back. 5. If a man blames his wife of adultery and fails to prove then will be punished by court. These are just few Shariah laws, while it covers all the aspects of life. Also it must be kept in mind that these under this law the punishment can be executed only be the court. No individual can practice these powers. These laws are made from Quran and Sunnah. And always followed by Muslim Countries.

8) Conclusion:
To conclude, I can say, that Sunnah is the second primary source of Islamic law. It is interlinked with the Quran insofar as it restricts its general meaning or qualifies its absolute texts or explains its difficult words. The law is made by Quran and Sunnah. After Quran Sunnah is used for making laws and are followed by all Muslims. If Muslims do not follows they will be .punished in this world and hereafter

:References (10
/www.islamreligion.com/articles/655 http://www.angelfire.com/bc3/johnsonuk/eng/dawa/sharia.html http://www.kalamullah.com/Books/Principles%20of%20Islamic%20Jurisprudence.pdf
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Sunnah As a Source of Islamic Law


http://www.binoria.org/ebooks/AuthorityOfSunnah-MuftiTaqiUsmani.pdf http://www.scribd.com/Indusbreeze/d/17064399-basic-sources-of-shariah http://english.islammessage.com/articledetails.aspx?articleId=801

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