Principles of Islamic Jurisprudence by MH kamali

In one of these passages which occurs in sura al

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Unformatted text preview: rify the people by 'teaching them the Book and the hikmah'. According to al-Shafi'i's interpretation' which also represents the view of the majority, the word 'hikmah' in this context means the Sunnah of the Principles of Islamic Jurisprudence ~ Kamali 47 [2. For details Prophet. [5. Shafi'i, Risalah, pp. 44-45; Siba'i, Al-Sunnah, p.50.] Both the terms 'Sunnah' and Sunnah Rasul Allah' have been used by the Prophet himself and his companions. Thus when the Prophet sent 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'. Dawud, Sunan (Hasan's trans.), III, 1019, Hadith no. 3585.] In another Hadith, the Prophet is 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). Ibn Qayyim, I'lam, I, 222.] Principles of Islamic Jurisprudence ~ Kamali 48 [6. Abu [7. Shatibi, Muwafaqat, III, 197; There is evidence to suggest that the Sunnah of the Prophet was introduced into the legal theory by the jurists of Iraq towards the end of the first century. The term 'Sunnah of the Prophet' occurs' for example, in two letters which are addressed to the Umayyad ruler, 'Abd al-Malik b. Marwan (d. 86) by the Kharijite leader 'Abd Allah b. lbad, and al-Hasan al-Basri. But this might mean that the earliest available record on the establishment of terminology dates back to the late first century. This evidence does not necessarily prove that the terminology was not in use before then. [8. For details see Guraya, Origins, p. 5.] Initially the use of the term Sunnah was not restricted to the Sunnah of the Prophet but was used to imply the practice of the community and precedent 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 alone. Sometimes the Arabic definite article 'al' was prefixed to Sunnah to denote the Sunnah of the Prophet while 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 technical/juristic meaning of Sunnah appears to have become dominant until the ulema used it exclusively to imply the normative conduct of the Prophet. [9. Cf. Azami, Studies, p. 4.] The ulema thus 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 Allah, that is the Sunnah of God, or His way of doing things, and the Sunnah of His Messenger. But there were variant opinions among the ulema which disputed the foregoing, especially in view of the Hadith in which the Prophet is reported to have said, 'You are to follow my Sunnah and the Sunnah of the Rightly-Guided caliphs.' But again, as al-Shawkani points out, it is possible that in this Hadith, the Prophet had used 'Sunnah' as a substitute for 'tariqah' or the w...
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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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