Principles of Islamic Jurisprudence by MH kamali

And finally the quran is categorical to the effect

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Unformatted text preview: longer at liberty to differ with the dictates of the divine will or to follow a course of their own choice: 'Whenever God and His Messenger have decided a matter' it is not for a faithful man or woman to follow another course of his or her own choice' (al-Ahzab, 33:36). In yet another place the Qur'an stresses that submission to the authority of the Prophet is not a matter of mere formalistic legality but is an integral part of the Muslim faith: 'By thy Lord, they will not believe till they make thee a judge regarding disagreements between them and find in themselves no resistance against accepting your verdict in full submission' (al-Nisa', 4:65). It is concluded from these and other similar passages in the Qur'an that the Sunnah is a proof next to the Qur'an in all shar'i matters and that conformity to the terms of Prophetic legislation is a Qur'anic obligation on all Muslims. 'The Companions have reached a consensus on this point: Both during the lifetime of the Prophet and following his demise' they eagerly obeyed the Prophet's instructions and followed his examples regardless as to whether his commands or prohibitions originated in the Qur'an or otherwise. The first two Caliphs Abu Bakr and Umar; resorted to the Sunnah of the Prophet whenever they knew of it. In cases when they did not know, they would Principles of Islamic Jurisprudence ~ Kamali 51 ascertain if other Companions had any knowledge of the Prophetic Sunnah in connection with particular issues. The Caliph Umar is also on record as having issued written instruction to his judges in which he asked them to follow the Sunnah of the Prophet whenever they could not find the necessary guidance in the Qur'an . [23. Shawkani, Irshad, p. 36; Khallaf, 'Ilm, p. 38; Badran, Usul, p. 81.] Classification and Value: I Sunnah has been classified in various ways, depending, of course, on the purpose of classification and the perspective of the investigator. However, two of the most commonly accepted criteria for such classifications are the subject matter (matn) of Sunnah and the manner of its transmission (isnad). This section is primarily concerned with the classification of Sunnah from the viewpoint of its subject matter. To begin with, the Sunnah is divided into three types, namely verbal (qawli), actual (fi'li) and tacitly approved (taqriri). The other division of the Sunnah which will concern us here is its division into legal and non-legal Sunnah. The verbal Sunnah consist of the sayings of the Prophet on any subject, such as the Hadith 'fi al-sa'imah zakah': livestock is liable to zakah . [24. Abu Dawud, Sunan, II, 406, Hadith no. 1562; Amidi, Ihkam, III, 170.] The Actual Sunnah of the Prophet consists of his deeds and actual instructions, such as the way he performed the salah, the fasting, the rituals of hajj, or the transactions he concluded such as sale and giving loans, etc. Similarly, the fact that the Prophet authorized mutilation of the hand of the thief from the wrist illustrated, in actual terms, how the Qur'anic ayah (al-M...
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This note was uploaded on 04/13/2013 for the course ISLAM 101 taught by Professor Islam during the Spring '13 term at Harvey Mudd College.

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