FATWA AL-SAHABI

(RULING OF A
COMPANION)

Who is sahabi
companion?

Someone who met the Prophet,

believed in him and dies as a
believer. (majority)
Someone who narrated hadith from
Prophet Muhammad
Someone who narrated hadith from
the Prophet and joined him in a
battle.

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 He is the one who stayed with the Prophet

(peace and blessings be upon him) for one year
upward or accompanied him in one Ghazwah
(battle) or more.
Companionship is only established through long
meeting with the Prophet (peace and blessings
be upon him) and the narration of Hadith on his
authority.

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 Is it limited to man?
Is it limited to an adult?
Is it limited to a person who can see?

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What is fatwa al-sahabi?

Fatwa al-sahabi or qawl al-sahabi
means an opinion that the companion
has arrived at by way of ijtihad.
It may be a saying or a considered
opinion or a judicial decision that the
companion has taken on matters in
the absence of a ruling in the Quran
or Sunnah.
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 After the demise of the Prophet, the

Companions were the ones who
interpreted the law and developed it
where needed.
They
undertook
ijtihad,
issued
rulings, settled cases and became a
source
of
guidance
for
later
generation.
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 Fatwa al-sahabi is a proof which

commands obedience once it is
agreed by all companions (no
companion opposed it).
Example:
Grandmothers share in inheritance.

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 Jurists agree that the ruling of one

companion is not a binding proof
over another, regardless as to
whether the ruling in question was
issued by one of the caliphs, a judge
or a leading mujtahid among them.

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Fatwa of the leading

companion
Sayyidina
Ali
on
the
issue
of
punishment of drinking wine 80 lashes
= qazf punihsment
Sayyidina Abu Bakr on the issue of
inheritance for grandparents
Sayyina Abu Bakr, the issue of
riddah/apostate
Sayyina Uthman, on the issue of
compilation of al-Quran to one mashafmashaf Uthmani
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Other examples
The rates of zakah
The determination of dower (mahr)
The determination of the post-natal
period
The determination of the minimum
and maximum for the period of
menstruation

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 It is reported that 'Umar used analogy

with respect to zakah when he ordered
zakah on horses after he realized that
they had become high in value, saying,
"Should we only take one sheep out of
every forty sheep and leave horses
with nothing?" 'Umar was followed in
that respect by Abu Hanifah13.

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 Mu'adh bin Jabal when he was sent by the Messenger,

(p) to Yemen the Messenger ordered him to collect
zakah from the rich and render it to the poor. He also
told him "Take payment in grains out grain holdings,
sheep out of sheep holdings, and camel out of camel
holdings". Mu'adh understood this saying to mean
make it easy for people; take zakah out of what is
available. When he found out that people liked to pay
the value of zakah (instead of paying in kind) because
it was easier for them he welcomed it. When Mu'adh
stood in Yemen, he said "You may give me cloth and
fabrics instead of corn and rye as long as it is easier
for you and beneficial for the migrants in Madinah
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 Aisyah: She gave fatwa that the maximum

period of pregnancy is 2 years. She said
which means: a child will not be in its
mothers womb more than two years.
Anas bin Malik gave a fatwa that the
minimal period of menstruation is 3 days
Umar al-Khattab: the marriage of a man to
a woman whos observing the period of
iddah should be ended and he is not
allowed to marry her forever.
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Is the Fatwa al-Sahabi

binding or not?
Jurists unanimously agreed that the
fatwa al-sahabi is a proof (which
commands obedience) and binding
when it is accepted by all other
companions
Eg: the ruling of Sayyidina Abu Bakr
that the portion for a grandmother in
inheritance is one-sixth.

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The question is:

WHETHER THE SAYING OR FATWA OF
A SINGLE COMPANION SHOULD ALSO
BE RECOGNISED AS A PROOF AND
GIVEN
PRECEDENCE
OVER
EVIDENCES SUCH AS QIYAS OR THE
FATWA OF OTHER MUJTAHIDUN?

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FIRST VIEW
A number of leading jurists from
various schools held the view that
the fatwa of companion is a proof
(hujjah) which must be followed.
Arguments:
Following the demise of the Prophet, the
leadership of the Muslim community fell
in their shoulders.
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 A number of them with their intimate

knowledge of the Quran and the teachings
of the Prophet were able to formulate fatwa
and issue decisions on many issues because
of their direct access to the Prophet.
Their views were ocassionally upheld and
confirmed by the Quran.
Eg: al-Anfal (8):67 confirmed the view of S.Abu
Bakr in giving his opinion concerning the
treatment that was to be accorded to the
prisoners of war following the battle of Badr.
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 Imam Malik, one of the two views of

imam Shafie, one of the two views of
Imam Ahmad bin Hanbal and some
Hanafi Jurists the fatwa al-sahabi is
a proof absolutely and takes priority
over Qiyas regardless as to whether it
is in agreement with the Qiyas in
question or otherwise.
Fatwa al-sahabi is a proof of Shariah.
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 Arguments: Quranic verses

Al-Taubah (9) : 100 reference to the
companions was made as the first
and foremost among the Emigrants and
Helpers and those who followed them in
good deeds, God is well-pleased with
them as they are with Him.
See page 300 of Prof HK

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 A-Li Imran (3) : 109 You are the best

community that that has been raised for
mankind; you enjoin right and you forbid
evil.
The Quran praises them as the best
community and as such their example
commands authority and respect.

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 Conclusion based on the verses:

Following the fatwa of companion is
obligatory, otherwise the Quran would
not praise those who followed it in such
terms.

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 The Prophet said:

My Companions are like stars, whoever
that you follow will lead you to the right
path.
Honour my Companions, for they are
the best among you, and then those
who follow them and then the next
generation, and then corruption will
proleferate after that
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 Based on these ahadith, following the

way of the Companions is equated with
correct guidance, which would imply
that their sayings, teachings and fatwa
constitute a proof that commands
adherence.

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SECOND VIEW
Asharites, Mutazilah, Imam Ahmad
bin Hanbal (one of two views), Hanafi
jurist (al-Karkhi) said that ijtihad of
a companion is not a proof and it
does not bind the succeeding
generations of mujtahidun or anyone
else.

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 Arguments Quranic verses

Al-Hasyr (59) : 2 Consider O you who have
vision
It is argued that this verse makes ijtihad the
obligation of everyone who is competent for it and
it makes no distinction whether the mujtahid is a
companion or anyone else. What is obligatory is
ijtihad itself, not adhering to the ijtihad of anyone
in particular.
Secondly, mujtahid must rely directly on the
sources and not imitate anyone, including the
companion.
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 This view find support from al-Ghazali and

al-Amidi who said that those who had
view different from this have resorted to
evidence which is generally weak.
Al-Shawkani said that the fatwa of
companion is not a proof because
Muslims are required to follow the Quran
and Sunnah. Only sunnah of the Prophet
is binding.
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 No other individual, whether a companion

or not has been accorded a status similar
to that of the Prophet.
The opinion of al-Shawkani is criticised by Abu
Zahrah who said that the fact that the saying
of companion is an authoritative proof does
not render the companions rivals to the
Prophet. Their fatwa is more authoritative than
other mujtahidun because they were most
diligent in observing the Quran and Sunnah
due to their closeness to the Prophet.
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THIRD VIEW
Abu Hanifah fatwa sahabi is a proof
when it is in conflict with Qiyas but not
so when it agrees with it.
Why?
(i) when fatwa sahabi conflicts with Qiyas, it
is usually for a reason and it indicates the
weakness of the Qiyas.
(ii) if it agrees with Qiyas then fatwa sahabi
is not a separate authority but merely
concurs with it.
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FOURTH VIEW
Only the rulings of the four RightlyGuided Caliphs command authority
The Prophet said ordering the believers
that You are to follow my Sunnah and
the Sunnah of the Khulafa al-Rashidun
after me.

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FATWA
SAHAB
I

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NOT A PROOF AND

NOT
AUTHORITATIVE
AUTHORITATIVE WHEN
IT CONFLICTS WITH
QIYAS BUT NOT IF IT
AGREES WITH IT
ONLY THE FATWA OF
THE 4 CALIPHS IS
AUTHORITATIVE

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JURISTIC VIEWS

AUTHORITATIVE
AND TAKES
PRIORITY OVER
QIYAS

Opinions of each of 4 Imams

Imam Shafie
We find that the ulama have sometimes
followed the fatwa of companion and
have abandoned it at other times; and
even those who have followed it are not
consistent in doing so.
I follow the ruling of the companion when
I find nothing in the Quran, Sunnah or
Ijma, or anything which carries through
the implications of these sources.
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 He even preferred the rulings of the first

three caliphs over those of the other
companions.

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 Imam Abu Hanifah

When I find nothing in the book of God
or the Sunnah of the Prophet, I resort to
the sayings of the companions. I may
follow the ruling which appeals to me
and abandon that which does not, but I
do not abandon their views altogether
and I do not give preference to others
over them.
Fatwa sahabi takes priority over Qiyas.
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 Imam Ahmad bin Hanbal

He divide fatwa al-sahabi into two:
Fatwa which is not opposed by any other
companions.
This
kind
of
fatwa
is
authoritative. Example is the admissibility of
the testimony of slaves that is a fatwa of
Anas bin Malik. Ibnu Hanbal quoted that he
had not known of any one to have rejected
the testimony of a slave. It is therefore
admissible.

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 Secondly the fatwa al-sahabi on which the

companions have disagreed and there are
more than one different rulings concerning
same problem. The Imam consider them all
as valid and equally authoritative unless it is
known that the 4 caliphs have adopted one
in preference of the others.
Example : the allocation of shares allocated to
grandfather in the presence of agnatic siblings.
There are three views: Abu Bakar, Zayd bin Thabit
and Ali.

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 Imam Malik
Not only he upheld the fatwa of
companions but almost equated it with
the sunnah of the Prophet.

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 The 4 Imams agreed that fatwa

sahabi is authoritative but nobody
said that it is binding.

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