Prophets authority to make laws
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Peace All
The following extract is from the Authority of the Sunnah by Taqi Usmani.Rebuttals and rejoinders are welcome.The Prophet?s (Sallallaho Alaihe Wassallam) Authority to Make Laws
A number of verses in the Holy Qur??n establish the authority of the Holy Prophet (Sallallaho Alaihe Wassallam) as a legislator or a law-maker. Some of those are reproduced below
And My mercy embraces all things. So I shall prescribe it for those who fear All?h and pay zak?h (obligatory alms) and those who have faith in Our signs; those who follow the Messenger, the unlettered Prophet whom they find written down in the Torah and the Inj?l, and who bids them to the Fair and forbids them the Unfair, and makes lawful for them the good things, and makes unlawful for them the impure things, and relieves them of their burdens and of the shackles that were upon them. So, those who believe in him, and honour him, and help him, and follow the light that has been sent down with him- they are the ones who acquire success. (7156-157)
The emphasized words in this verse signify that one of the functions of the Holy Prophet (Sallallaho Alaihe Wassallam) is ?to make lawful the good things and make unlawful the impure things.? This function has been separated from ?bidding the Fair and forbidding the Unfair,? because the latter relates to the preaching of what has already been established as Fair, and warning against what is established as Unfair, while the former embodies the making of lawful and unlawful, that is, the enforcing of new laws regarding the permissibility or prohibition of things. This function of prescribing new religious laws and rules is attributed here not to the Holy Qur??n, but to the Holy Prophet (Sallallaho Alaihe Wassallam). It, therefore, cannot be argued that the ?making lawful or unlawful? means the declaration of what is laid down in the Holy Qur??n only, because the declaration of a law is totally different from making it.
Besides, the declaration of the established rules has been referred to in the earlier sentence separately, that is, ?bids them to the Fair and forbids for them the Unfair.? The reference in the next sentence, therefore, is only to ?making? new laws.
The verse also emphasizes ?to believe? in the Holy Prophet (Sallallaho Alaihe Wassallam). In the present context, it clearly means to believe in all his functions mentioned in the verse including to make something ?lawful? or ?unlawful.?
The verse, moreover, directs to follow the light that has been sent down with him. Here again, instead of ?following the Holy Qur??n,? ?following the light? has been ordered, so as to include all the imperatives sent down to the Holy Prophet (Sallallaho Alaihe Wassallam), either through the Holy Book or through the unrecited revelation, reflecting in his own orders and acts.
Looked at from whatever angle, this verse is a clear proof of the fact that the Holy Prophet (Sallallaho Alaihe Wassallam) had an authority based, of course, on the unrecited revelation, to make new laws in addition to those mentioned in the Holy Qur??n.
The Holy Qur??n says
Fight those who do not believe in All?h and the Hereafter and do not hold unlawful what All?h and His Messenger have made unlawful. (929)
The underlined words signify that it is necessary to ?hold unlawful what All?h and His Messenger made unlawful,? and that the authority making something unlawful is not restricted to All?h Almighty. The Holy Prophet (Sallallaho Alaihe Wassallam) can also, by the will of All?h, exercise this authority. The difference between the authority of All?h and that of the Messenger is, no doubt, significant. The former is wholly independent, intrinsic and self-existent, while the authority of the latter is derived from and dependent on the revelation from All?h. Yet, the fact remains that the Holy Prophet (Sallallaho Alaihe Wassallam) has this authority and it is necessary for believers to submit to it alongwith their submission to the authority of All?h.
The Holy Qur??n says
No believer, neither man nor woman, has a right, when All?h and His Messenger decide a matter, to have a choice in their matter in issue. And whoever disobeys All?h and His Messenger has gone astray into manifest error. (3336)
Here, the decisions of All?h and the Messenger (Sallallaho Alaihe Wassallam) both have been declared binding on the believers.
It is worth mentioning that the word ?and? occuring between ?All?h? and ?His Messenger? carries both conjunctive and disjunctive meanings. It cannot be held to give conjunctive sense only, because in that case it will exclude the decision of All?h unless it is combined with the decision of the messenger- a construction too fallacious to be imagined in the divine expression.
The only reasonable construction, therefore, is to take the word ?and? in both conjunctive and disjunctive meanings. The sense is that whenever All?h or His Messenger (Sallallaho Alaihe Wassallam), any one or both of them, decide a matter, the believers have no choice except to submit to their decisions.
It is thus clear that the Holy Prophet (Sallallaho Alaihe Wassallam) has the legal authority to deliver decisions in the collective and individual affairs of the believers who are bound to surrender to those decisions.
The Holy Qur??n says
Whatever the Messenger gives you, take it; and whatever he forbids you, refrain from it. (597)
Although the context of this verse relates to the distribution of the spoils of war, yet it is the well-known principle of the interpretation of the Holy Qur??n that, notwithstanding the particular event in which a verse is revealed, if the words used are general, they are to be construed in their general sense; they cannot be restricted to that particular event.
Keeping in view this principle, which is never disputed, the verse gives a general rule about the Holy Prophet (Sallallaho Alaihe Wassallam) that whatever order he gives is binding on the believers and whatever thing he forbids stands prohibited for them. The Holy Qur??n thus has conferred a legal authority to the Holy Prophet (Sallallaho Alaihe Wassallam) to give orders, to make laws and to enforce prohibitions.
It will be interesting here to cite a wise answer of ?Abdull?h ibn Mas??d (Sallallaho Alaihe Wassallam), the blessed companion of the Holy Prophet (Sallallaho Alaihe Wassallam), which he gave to a woman.
A woman from the tribe of Asad came to ?Abdullah ibn Mas??d (Sallallaho Alaihe Wassallam) and said, ?I have come to know that you hold such and such things as prohibited. I have gone through the whole Book of All?h, but never found any such prohibition in it.?
?Abdullah ibn Mas??d (Sallallaho Alaihe Wassallam) replied, ?Had you read the Book you would have found it. All?h Almighty says ?Whatever the Messenger gives you, take it; and whatever he forbids you, refrain from it.? (597). (Ibn M?jah)
By this answer ?Abdullah ibn Mas??d pointed out that this verse is so comprehensive that it embodies all the orders and prohibitions of the Holy Prophet (Sallallaho Alaihe Wassallam) and since the questioned prohibitions are enforced by the Holy Prophet (Sallallaho Alaihe Wassallam) they form part of this verse, though indirectly.
The Holy Qur??n says
But no, by your Lord, they shall not be (deemed to be) believers unless they accept you as judge in their disputes, then find in their hearts no adverse feeling against what you decided, but surrender to it in complete submission. (465)
The authority of the Holy Prophet (Sallallaho Alaihe Wassallam) established in this verse seems apparently to be an authority to adjudicate in the disputes brought before him. But after due consideration in the construction used here, this authority appears to be more than that of a judge. A judge, no doubt, has an authority to deliver his judgments, but the submission to his judgments is not a condition for being a Muslim. If somebody does not accept the judgment of a duly authorized judge, it can be a gross misconduct on his part, and a great sin, for which he may be punished, but he cannot be excluded from the pale of Isl?m on this score alone. He cannot be held as disbeliever.
On the contrary, the verse vehemently insists that the person who does not accept the verdicts of the Holy Prophet (Sallallaho Alaihe Wassallam) cannot be held to be a believer. This forceful assertion indicates that the authority of the Holy Prophet (Sallallaho Alaihe Wassallam) is not merely that of a customary judge. The denial of his judgments amounts to disbelief. It implies that the verdicts of the Holy Prophet (Sallallaho Alaihe Wassallam) referred to here are not the normal verdicts given in the process of a trial. They are the laws laid down by him on the basis of the revelation, recited or unrecited, that he receives from All?h. So, the denial of these laws is, in fact, the denial of the divine orders which excludes the denier from the pale of Isl?m.
Looked at from this point of view, this verse gives the Holy Prophet (Sallallaho Alaihe Wassallam) not only the authority of a judge, but also confers upon him the authority to make laws, as binding on the Muslims as the divine laws.
The Holy Qur??n says
They say, ?we believe in All?h and the Messenger, and we obey.? Then, after that, a group of them turn away. And they are not believers. And when they are called to All?h and His Messenger that he may judge between them, suddenly a group of them turn back. But if they had a right, they come to him submissively! Is it that there is sickness in their hearts? Or are they in doubt? Or do they fear that All?h may be unjust towards them, and His Messenger? Nay, but they are the unjust. All that the believers say when they are called to All?h and His Messenger that he (the Messenger) may judge between them, is that they say, ?We hear and we obey.? And they are those who acquire success. And whoever obeys All?h and His Messenger and fears All?h and observes His Awe, such are those who are the winners. (2447-52)
These verses, too, hold that, in order to be a Muslim, the condition is to surrender to the verdicts of the Holy Prophet (Sallallaho Alaihe Wassallam). Those who do not turn towards him in their disputes inspite of being called to him cannot, according to the Holy Qur??n, be treated as believers. It carries the same principle as mentioned in the preceding verse It is the basic ingredient of the belief in All?h and His Messenger that the authority of the Messenger should be accepted whole-heartedly. He must be consulted in disputes and obeyed. His verdicts must be followed in total submission, and the laws enunciated by him must be held as binding.
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Peace All
The following extract is from the Authority of the Sunnah by Taqi Usmani.Rebuttals and rejoinders are welcome.The Prophet?s (Sallallaho Alaihe Wassallam) Authority to Make Laws
A number of verses in the Holy Qur??n establish the authority of the Holy Prophet (Sallallaho Alaihe Wassallam) as a legislator or a law-maker. Some of those are reproduced below
And My mercy embraces all things. So I shall prescribe it for those who fear All?h and pay zak?h (obligatory alms) and those who have faith in Our signs; those who follow the Messenger, the unlettered Prophet whom they find written down in the Torah and the Inj?l, and who bids them to the Fair and forbids them the Unfair, and makes lawful for them the good things, and makes unlawful for them the impure things, and relieves them of their burdens and of the shackles that were upon them. So, those who believe in him, and honour him, and help him, and follow the light that has been sent down with him- they are the ones who acquire success. (7156-157)
The emphasized words in this verse signify that one of the functions of the Holy Prophet (Sallallaho Alaihe Wassallam) is ?to make lawful the good things and make unlawful the impure things.? This function has been separated from ?bidding the Fair and forbidding the Unfair,? because the latter relates to the preaching of what has already been established as Fair, and warning against what is established as Unfair, while the former embodies the making of lawful and unlawful, that is, the enforcing of new laws regarding the permissibility or prohibition of things. This function of prescribing new religious laws and rules is attributed here not to the Holy Qur??n, but to the Holy Prophet (Sallallaho Alaihe Wassallam). It, therefore, cannot be argued that the ?making lawful or unlawful? means the declaration of what is laid down in the Holy Qur??n only, because the declaration of a law is totally different from making it.
Besides, the declaration of the established rules has been referred to in the earlier sentence separately, that is, ?bids them to the Fair and forbids for them the Unfair.? The reference in the next sentence, therefore, is only to ?making? new laws.
The verse also emphasizes ?to believe? in the Holy Prophet (Sallallaho Alaihe Wassallam). In the present context, it clearly means to believe in all his functions mentioned in the verse including to make something ?lawful? or ?unlawful.?
The verse, moreover, directs to follow the light that has been sent down with him. Here again, instead of ?following the Holy Qur??n,? ?following the light? has been ordered, so as to include all the imperatives sent down to the Holy Prophet (Sallallaho Alaihe Wassallam), either through the Holy Book or through the unrecited revelation, reflecting in his own orders and acts.
Looked at from whatever angle, this verse is a clear proof of the fact that the Holy Prophet (Sallallaho Alaihe Wassallam) had an authority based, of course, on the unrecited revelation, to make new laws in addition to those mentioned in the Holy Qur??n.
The Holy Qur??n says
Fight those who do not believe in All?h and the Hereafter and do not hold unlawful what All?h and His Messenger have made unlawful. (929)
The underlined words signify that it is necessary to ?hold unlawful what All?h and His Messenger made unlawful,? and that the authority making something unlawful is not restricted to All?h Almighty. The Holy Prophet (Sallallaho Alaihe Wassallam) can also, by the will of All?h, exercise this authority. The difference between the authority of All?h and that of the Messenger is, no doubt, significant. The former is wholly independent, intrinsic and self-existent, while the authority of the latter is derived from and dependent on the revelation from All?h. Yet, the fact remains that the Holy Prophet (Sallallaho Alaihe Wassallam) has this authority and it is necessary for believers to submit to it alongwith their submission to the authority of All?h.
The Holy Qur??n says
No believer, neither man nor woman, has a right, when All?h and His Messenger decide a matter, to have a choice in their matter in issue. And whoever disobeys All?h and His Messenger has gone astray into manifest error. (3336)
Here, the decisions of All?h and the Messenger (Sallallaho Alaihe Wassallam) both have been declared binding on the believers.
It is worth mentioning that the word ?and? occuring between ?All?h? and ?His Messenger? carries both conjunctive and disjunctive meanings. It cannot be held to give conjunctive sense only, because in that case it will exclude the decision of All?h unless it is combined with the decision of the messenger- a construction too fallacious to be imagined in the divine expression.
The only reasonable construction, therefore, is to take the word ?and? in both conjunctive and disjunctive meanings. The sense is that whenever All?h or His Messenger (Sallallaho Alaihe Wassallam), any one or both of them, decide a matter, the believers have no choice except to submit to their decisions.
It is thus clear that the Holy Prophet (Sallallaho Alaihe Wassallam) has the legal authority to deliver decisions in the collective and individual affairs of the believers who are bound to surrender to those decisions.
The Holy Qur??n says
Whatever the Messenger gives you, take it; and whatever he forbids you, refrain from it. (597)
Although the context of this verse relates to the distribution of the spoils of war, yet it is the well-known principle of the interpretation of the Holy Qur??n that, notwithstanding the particular event in which a verse is revealed, if the words used are general, they are to be construed in their general sense; they cannot be restricted to that particular event.
Keeping in view this principle, which is never disputed, the verse gives a general rule about the Holy Prophet (Sallallaho Alaihe Wassallam) that whatever order he gives is binding on the believers and whatever thing he forbids stands prohibited for them. The Holy Qur??n thus has conferred a legal authority to the Holy Prophet (Sallallaho Alaihe Wassallam) to give orders, to make laws and to enforce prohibitions.
It will be interesting here to cite a wise answer of ?Abdull?h ibn Mas??d (Sallallaho Alaihe Wassallam), the blessed companion of the Holy Prophet (Sallallaho Alaihe Wassallam), which he gave to a woman.
A woman from the tribe of Asad came to ?Abdullah ibn Mas??d (Sallallaho Alaihe Wassallam) and said, ?I have come to know that you hold such and such things as prohibited. I have gone through the whole Book of All?h, but never found any such prohibition in it.?
?Abdullah ibn Mas??d (Sallallaho Alaihe Wassallam) replied, ?Had you read the Book you would have found it. All?h Almighty says ?Whatever the Messenger gives you, take it; and whatever he forbids you, refrain from it.? (597). (Ibn M?jah)
By this answer ?Abdullah ibn Mas??d pointed out that this verse is so comprehensive that it embodies all the orders and prohibitions of the Holy Prophet (Sallallaho Alaihe Wassallam) and since the questioned prohibitions are enforced by the Holy Prophet (Sallallaho Alaihe Wassallam) they form part of this verse, though indirectly.
The Holy Qur??n says
But no, by your Lord, they shall not be (deemed to be) believers unless they accept you as judge in their disputes, then find in their hearts no adverse feeling against what you decided, but surrender to it in complete submission. (465)
The authority of the Holy Prophet (Sallallaho Alaihe Wassallam) established in this verse seems apparently to be an authority to adjudicate in the disputes brought before him. But after due consideration in the construction used here, this authority appears to be more than that of a judge. A judge, no doubt, has an authority to deliver his judgments, but the submission to his judgments is not a condition for being a Muslim. If somebody does not accept the judgment of a duly authorized judge, it can be a gross misconduct on his part, and a great sin, for which he may be punished, but he cannot be excluded from the pale of Isl?m on this score alone. He cannot be held as disbeliever.
On the contrary, the verse vehemently insists that the person who does not accept the verdicts of the Holy Prophet (Sallallaho Alaihe Wassallam) cannot be held to be a believer. This forceful assertion indicates that the authority of the Holy Prophet (Sallallaho Alaihe Wassallam) is not merely that of a customary judge. The denial of his judgments amounts to disbelief. It implies that the verdicts of the Holy Prophet (Sallallaho Alaihe Wassallam) referred to here are not the normal verdicts given in the process of a trial. They are the laws laid down by him on the basis of the revelation, recited or unrecited, that he receives from All?h. So, the denial of these laws is, in fact, the denial of the divine orders which excludes the denier from the pale of Isl?m.
Looked at from this point of view, this verse gives the Holy Prophet (Sallallaho Alaihe Wassallam) not only the authority of a judge, but also confers upon him the authority to make laws, as binding on the Muslims as the divine laws.
The Holy Qur??n says
They say, ?we believe in All?h and the Messenger, and we obey.? Then, after that, a group of them turn away. And they are not believers. And when they are called to All?h and His Messenger that he may judge between them, suddenly a group of them turn back. But if they had a right, they come to him submissively! Is it that there is sickness in their hearts? Or are they in doubt? Or do they fear that All?h may be unjust towards them, and His Messenger? Nay, but they are the unjust. All that the believers say when they are called to All?h and His Messenger that he (the Messenger) may judge between them, is that they say, ?We hear and we obey.? And they are those who acquire success. And whoever obeys All?h and His Messenger and fears All?h and observes His Awe, such are those who are the winners. (2447-52)
These verses, too, hold that, in order to be a Muslim, the condition is to surrender to the verdicts of the Holy Prophet (Sallallaho Alaihe Wassallam). Those who do not turn towards him in their disputes inspite of being called to him cannot, according to the Holy Qur??n, be treated as believers. It carries the same principle as mentioned in the preceding verse It is the basic ingredient of the belief in All?h and His Messenger that the authority of the Messenger should be accepted whole-heartedly. He must be consulted in disputes and obeyed. His verdicts must be followed in total submission, and the laws enunciated by him must be held as binding.
The prophetic authority in the Quran versus the prophetic authority in the Sunnah
1682 But if they turn away from you, your only duty is a clear delivery of the Message
479-80 Say ?Whatever good betides you is from God and whatever evil betides you is from your own self and that We have sent you to mankind only as a messenger and all sufficing is God as witness. Whoso obeys the Messenger, he indeed obeys God. And for those who turn away, We have not sent you as a keeper."
1753-54 And tell my servants that they should speak in a most kindly manner. Verily, Satan is always ready to stir up discord between men; for verily; Satan is mans foe.... Hence, we have not sent you with power to determine their Faith
24.54. Say "Obey God, and obey the Messenger, but if ye turn away, he is only responsible for the duty placed on him and ye for that placed on you. If ye obey him, ye shall be on right guidance. The Messenger's duty is only to preach the clear (Message).
8821 22; And so, exhort them your task is only to exhort; you cannot compel them to believe.
426 48 And whoso takes for patrons others besides God, over them does God keep a watch. Mark, you are not a keeper over them. But if they turn aside from you (do not get disheartened), for We have not sent you to be a keeper over them; your task is but to preach
6412 Obey God then and obey the Messenger, but if you turn away (no blame shall attach to our Messenger), for the duty of Our Messenger is just to deliver the message.
28.55-56 And when they hear vain talk, they turn away there from and say "To us our deeds, and to you yours; peace be to you we seek not the ignorant," It is true thou wilt not be able to guide whom thou lovest; but God guides those whom He will and He knows best those who receive guidance
3941 Assuredly, We have sent down the Book to you in right form for the good of man. Whoso guided himself by it does so to his own advantage, and whoso turns away from it does so at his own loss. You certainly are not their keeper.
6725 26 And they ask, "When shall the promise be fulfilled if you speak the Truth?" Say, "The knowledge of it is verily with God alone, and verily I am but a plain warner
As we can clearly see, many of the verses that talks about obeying the prophet also emphasizes the prophet's limited authority, something that the Islamic sects do not recognize. The ruler to them has the authority to punish people for what they consider sins like drinking alcohol, eating pork, not fasting Ramadan, watching pornos etc.
The Koran meanwhile focuses on crimes against another like stealing, killing, slandering of women falsely and oppression. It gave the believers the right to fight against those who fight them but not to transgress. It also gave people the right to defend themselves against evictions from their lands. There is no talk about punishing people for something that does not concern somebody else's right.
Adultery is the only place where the Koran diverted from this due to the fact that a adultery affects another party. Here the Koran sees adultery as affecting the other partner in a marriage. It?s a betrayal and a breaking of oath. But even then it placed strict standards on that but was lenient when it came to punishing slanders of women. Adultery needs four witnesses but the slander can get punished by flogging just from opening his mouth without four witnesses. It?s clear that the verse made it very difficult to implement on adultery but very easy to implement on the slanderer. Further reading of the verse about the Zani and Zania shows us that the issue came up concerning slandering of one of the prophet?s wife presumably. But adultery still affects another party as its a breaking of an oath between a man and a woman and is an act of betrayal.
The Koran cannot order the prophet to punish people for sins, that God's job. The Koran gave people the right and freedom to disbelieve let alone sin. Plus how the Koran understands sins is very different than how the sects understand sins.
In the end the sects had no choice but to abrogate many of these verses, usually invoking the "sword verse". They claim that many of these verses that gave the prophet limited authority(over those who chose to disobey him) has been abrogated by verse 9-5 or verse 9-29.
However these verses were about the wars with the pagans, and verse 9-13 and many other verses makes it clear who instigated these battles and why. The Jizya verse (9-29) also was claimed by the sects to be a tax to be paid by non Muslims in an Islamic state for protection. However Jizya never came concerning the Medina community where the prophet and his followers had a community. And only came upon the believers entering of Mecca. Jizya could have easily been compensation for the loss of property and homes that the believers suffered after being forced into exile. The Koran forbade prophets from seeking any form of reward. They can however accept charity on behalf of the believers.
But the Sunnah claimed otherwise. In it the prophet was ordered to fight the people till they acknowledge monotheism and also in it the prophet ordered the execution of those who apostate. That?s why they abrogated many of the verses that limited his authority. Then they simply transferred that authority to the Muslim ruler by default. The Ridda war story about Abu Bakr is a case study of this. In that story Abu Bakr apparently fought people for not paying Zakat. Now the authority was transferred from God to the prophet to one of his companions. This made it very easy to then transfer that authority to the ruler. This is why you see places where Shariah law is implemented filled with such concepts like searching cars for alcohol or flogging people for watching pornos or not wearing proper attire. None of this should concern anyone but it has become a punishable sin. God only punishes those who did not get caught and punished in this world. The sects claimed that once punished the sin falls away and disappears. You will not find such a concept in the Koran. There God punishes in a million ways and does not need humans to punish for him. I think the sects introduced this conc3ept to make people more accepting of this by making them think its better for them since God's punishment is more severe. They also introduced stoning the adulterer by claiming the Zina verse in the Koran is concerning fornification and not adultery. They claimed that the verse about stoning was lost and is not included in the Koran but the ruling remains.
This of course violated not only the freedom aspect of the Koran but also an eye for an eye and a life for a life. In the Koran, any punishment must be reciprocal and proportionate to the crime and it also must be targeted towards the actual perpetrators of the crime and not someone else associated to the criminal as the case with tribal laws that simply targets anyone from that tribe. They broke this by lower the bar for executions. Some Sunni scholars also gave the authority to execute homosexuals and enslave female prisoners and execute male prisoners. Something the Koran forbade. The Koran gave two options for prisoners, either freedom or ransom of some sort. They gave this authority to the ruler. This is all very sad as the taking of someone?s life is no easy matter in the Koran. God should take life and not humans, but if a person takes a life then he lost his right to live, but even then the Koran gave exile from the community as another option for murder especially if the person shows repentance. So an eye for an eye and a tooth for tooth somehow ended up being an eye for an eye lash and a tooth for a jaw.
To be fair the Sunni orthodoxy rarely practiced some of these laws. We know of no time in history where adulterers were stoned to death. Apostasy was rarely practiced, unlike the Christians in Europe that practiced these laws left and right. So the Sunni jurist knew that some of these laws could be controversial. There is a rumour about Muhammad Ibn Abdul Wahhab the founder or rather the revivalist of Salafism (some call it wahhabism) stoned a women to death. This was the only time in Islamic history that we heard such a thing.
Its very unfortunate the current Islamist in Iran and Sudan and the Salafis in generally never understood why these laws were controversial. But in doing so they exposed much aspect of the sects that people were not aware of. The Sufis provided a convenient cover as they shunned legalism. But even the clerics understood that these laws were controversial. Its not easy in Islam to execute outside of murder. But this wise tradition was broken. That?s very unfortunant as now we see the culture of death has spread among Muslims till Islam became synonymous with violence and killing. Once you lower the bar it spirals out of control.
One thing is crystal clear from all this. The Koran's take on human authority and freedom is RADICALLY different than how the sects understand it. Therefore the biggest difference between a Koranic state and a Sunni or Shia state will come in the form of the state's authority over the masses. It is this, more than anything else, that separates the Koran from the Sunnah. That?s why the Abbasids championed the Sunnah over the Mutazilites. The Mutaziltes couldn't find the ink inthe Koran to give them such draconian authority. The sects did that by first bringing the divine authority from God to prophet, then propet to Caliph (companions) and now that authority is in Omar Al Bashir, Khamenei, Mullah Omar and Al Saud. And that?s very sad.
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These verses, too, hold that, in order to be a Muslim, the condition is to surrender to the verdicts of the Holy Prophet (Sallallaho Alaihe Wassallam). Those who do not turn towards him in their disputes inspite of being called to him cannot, according to the Holy Qur??n, be treated as believers.
With that criterion, it implies
- Those who lived before Muhammad and/or those who never met him cannot be treated as believers.
And as the title implied.. (Sallallaho Alaihe Wassallam), the guy is DEAD.. 1400 years ago...
He can't issue any more 'verdicts', 'fatwa' let alone able to hear 'questions' or understand problems within current society.But again, it's understood on why the mullah/clerics/imam/ulema/habibs etc.. insisted on "Holy Prophet allallaho Alaihe Wassallam" authority on verdicts / fatwa.. as they try to bring the authority to them..
ALLAH -- Transfer Authority To --> Prophet -- Transfer Authority To --> mullah/clerics/imam/ulema/habibs
And they have invented a 'hadiths' (fabricated verdict) to do so..
"Anybody can read the Qur'aan, but only scholars can make Ijtihad, and/or Tafseer."
The Messenger of Allah had said
"Wa Innal Ulama Warasatul Anbiya"
Meaning The Ulama are the heirs of the prophets.As thus without 'the authority of the prophet' they can't draw any power to themselves..
They will then say to their followers
"You need to surrender to ME, because I have the authority from the prophet"...As 'the prophet' has died 1400 years ago......
I have said this many times All of this is always about $$$, Power and Influence..
Salam / Peace
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Interesting! I never saw it this way before, about the authority being shifted to the prophet just so that the religious elite in turn would have authority shifted to themselves. Makes perfect sense!!
They are keeping this fairy-tale going just to stay in power. And this patter is so universal. You'll find it in global politics... heck, you'll find it everywhere almost. People claiming authority without earning it through credibility, service, goodness, honesty and benefit. -
Peace be with you as well,
The prophet was not innovating his own laws
Say, "Whose testimony is the greatest?" Say, "GOD's. He is the witness between me and you that this Quran has been inspired to me, to preach WITH IT; to you and whomever it reaches. Indeed, you bear witness that there are other gods* beside GOD." Say, "I do not testify as you do; there is only one god, and I disown your idolatry. (619) -
Thank you guys for your input.Mr Taqi usmanis book The Authority of the sunnah is a hugely popular and authoritative book in sunni forums.It builds up its arguements from selected verses of the quran(rarely,if ever quoting from the hadith) in a legalistic and for the unwary,in a rather effective manner.
I feel that an article should be written by the seniors in which a point by point rejoinder is given for the points raised in the entire book.
Iwill give one example of his intelligent arguementation.We tell the hadithists that Atiur Rasool has to be from the quran since there are instances where the messenger received reprimands from Allah tala and that is proof that he cannot be followed in any personal capacity.He has written that the messenger is under watchfull guidance of Almighty God at all times.Any slight error will invite correction.Since God has commented and (corrected) his behavior a few times it follows that the rest of the aspects of the prophets life has divine approval(since he is closely watched) and so no distinction can be made between his quranic life and private life.A very powerfull arguement indeed.
I have only posted an extract from one section.Let me show you once again how he quotes verses and follows it up with compelling arguements.
My mercy embraces all things. So I shall prescribe it for those who fear All?h and pay zak?h (obligatory alms) and those who have faith in Our signs; those who follow the Messenger, the unlettered Prophet whom they find written down in the Torah and the Inj?l, and who bids them to the Fair and forbids them the Unfair, and makes lawful for them the good things, and makes unlawful for them the impure things, and relieves them of their burdens and of the shackles that were upon them. So, those who believe in him, and honour him, and help him, and follow the light that has been sent down with him- they are the ones who acquire success. (7156-157)
emphasized words in this verse signify that one of the functions of the Holy Prophet (Sallallaho Alaihe Wassallam) is ?to make lawful the good things and make unlawful the impure things.? This function has been separated from ?bidding the Fair and forbidding the Unfair,? because the latter relates to the preaching of what has already been established as Fair, and warning against what is established as Unfair, while the former embodies the making of lawful and unlawful, that is, the enforcing of new laws regarding the permissibility or prohibition of things. This function of prescribing new religious laws and rules is attributed here not to the Holy Qur??n, but to the Holy Prophet (Sallallaho Alaihe Wassallam). It, therefore, cannot be argued that the ?making lawful or unlawful? means the declaration of what is laid down in the Holy Qur??n only, because the declaration of a law is totally different from making it.Whatever the Messenger gives you, take it; and whatever he forbids you, refrain from it. (597)
Although the context of this verse relates to the distribution of the spoils of war, yet it is the well-known principle of the interpretation of the Holy Qur??n that, notwithstanding the particular event in which a verse is revealed, if the words used are general, they are to be construed in their general sense; they cannot be restricted to that particular event.Keeping in view this principle, which is never disputed, the verse gives a general rule about the Holy Prophet (Sallallaho Alaihe Wassallam) that whatever order he gives is binding on the believers and whatever thing he forbids stands prohibited for them. The Holy Qur??n thus has conferred a legal authority to the Holy Prophet (Sallallaho Alaihe Wassallam) to give orders, to make laws and to enforce prohibitions.
I feel a concerted effort to answer this type of deductions are a need of the hour.Seniors please take note.
Javed
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Thank you guys for your input.Mr Taqi usmanis book The Authority of the sunnah is a hugely popular and authoritative book in sunni forums.It builds up its arguements from selected verses of the quran(rarely,if ever quoting from the hadith) in a legalistic and for the unwary,in a rather effective manner.
I feel that an article should be written by the seniors in which a point by point rejoinder is given for the points raised in the entire book.
Iwill give one example of his intelligent arguementation.We tell the hadithists that Atiur Rasool has to be from the quran since there are instances where the messenger received reprimands from Allah tala and that is proof that he cannot be followed in any personal capacity.He has written that the messenger is under watchfull guidance of Almighty God at all times.Any slight error will invite correction.Since God has commented and (corrected) his behavior a few times it follows that the rest of the aspects of the prophets life has divine approval(since he is closely watched) and so no distinction can be made between his quranic life and private life.A very powerfull arguement indeed.Yeah.. as 'powerful' as the argument of Jewish Rabbis.. which employ the same scheme...
The refutation is simple.. let's follow their 'argument' for the time being...
If that's the case why not the Sunnis follow the Mishna and Jewish Oral Law??
(Although they do and they just don't realize it)Given the same logic can be applied to Moses..
I've tried, and some of them came back with the argumentation of "Muhammad has abrogated the law of Moses with newer / latest version or patch to Moses Commandment".
Which is a ripoff from the 'christians' argument....And I ask again where's the "Muhammad has abrogated the law of Moses with newer / latest version or patch to Moses Commandment" can be found in the Quran ???
If they want to follow the logic of X, they need to stay consistent......
Another variant of refutation is perhaps
Recommending them to put all of Muhammad "Rulings" (read Hadiths) and the Quran inside one bundle of book. And declare to their follower they need to follow all of the things contained in this bundle otherwise they shall be condemned to hell for all eternity..Which they didn't do either, up until now...
Salam / Peace