The Sources of Islamic Law
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The Sources of Islamic Law
An OverviewYasin Dutton
Bismi-llahi r-rahmani r-rahim
Wa-salla-llahu ?ala Sayyidina Muhammadin wa-?ala alihi wa-sahbihi ajma?in
As Muslims our aim is to please Allah, and we do this by carrying out what He has commanded and avoiding what He has prohibited. Allah says
Say, obey Allah and the Messenger; and, if you turn away, Allah does not like those who reject. (Q.332.)
Obey Allah and the Messenger that hopefully you will receive mercy. (Q.3132.)
O you who believe, obey Allah and obey the Messenger and don't bring your actions to nought. (Q.4733.)
There are many other similar verses.
Likewise, we find all the prophets calling on their people to obey them "Have fear of Allah and obey me" (Q.350; Q.26108, 110, 126, 131, 144, 150, 163, 179; Q.4363).
How, then, do we know what the commands of Allah and His Prophet are, so that we can obey them?
- The Qur'an
Firstly, of course, we have the Qur'an, "a sending-down from the Lord of all the worlds" (Q.5680), "which no falsehood approaches, either from in front of it or from behind; a sending-down from Wise and Praiseworthy" (Q.4142).
But, as with any linguistic text, there are potential problems. It is necessary to determine, for instance, whether an expression is to be taken generally, or whether there are exceptions to it. Thus, for example, the punishment of being flogged a hundred times for zina (fornication, illicit sexual intercourse) in Q.242 - "A woman who fornicates and a man who fornicates - flog them both a hundred times" - is understood to refer specifically to free men and women rather than all men and women because of the judgement in Q.425 to the effect that slave-girls, and thus slave men as well, who are guilty of the same offence should only be punished with half the punishment stipulated for free men and women, i.e. being flogged fifty times rather than a hundred. (The relevant part of Q.425 reads "and if they are married and then commit adultery, they should receive half the punishment prescribed for free women".) The second verse is thus taken as an exception to the general ruling in the first. This comes under the us?lis' heading of al-?amm wa-l-khass ("what is general and what is specific").
It may also be that an expression which is unqualified in one part of the Qur'an is qualified elsewhere should the first expression thus be understood to be qualified in the same way? An example of this would be the phrase fa-tahriru raqaba ("then the freeing of a slave") in Q.583, referring to the kaffara ("expiation") for breaking the oath of zihar, while the kaffara for accidental killing mentioned in Q.492 is referred to using the phrase fa-tahriru raqabatin mu?mina ("then the freeing of a believing slave"). Would a slave freed for the kaffara of zihar have to be "believing", i.e. a Muslim, as well? (Malik and al-Shafi?i said "Yes", while Abu Hanifa said "No.") This comes under the us?lis' heading of haml al-mu?laq ?ala l-muqayyad (i.e. assuming an unqualified expression to be qualified in the same way as its qualified counterpart elsewhere).
It may also be that there is a contradiction between two judgements because one of them was revealed later and intended to supersede the other, although both remain in the text. An example of this would be the verses detailing inheritance rights (Q.411, 12 and 176) which superseded the verses prescribing bequests to parents and relatives (Q.2180). This involves the science of al-nasikh wa-l-mans?kh ("what is abrogating and what is abrogated").
Similarly, it is often of importance when understanding the meaning of a passage to know something about the circumstances in which it was revealed. This involves the knowledge of the "circumstances of revelation", or asbab al-nuzul (sing. sabab al-nuzul). Thus, for example, the phrase wa-la jidala fi l-hajj (Q.2197) ("and no argument during the hajj") is explained by Malik in the Muwatta? as referring to the arguments that the Quraysh and various other tribes used to have in the pre-Islamic period concerning where the rite of "standing" should take place; now that these places had been decided and the correct sunna of doing the hajj was known, there was no longer any need for argument during the hajj about the hajj, that is, about where the various rites should take place. This interpretation by the sabab al-nuzul of the aya thus implies that "argument" in this context is not to be understood in the general sense of any argumentation during the hajj but rather in the specific sense of argument during the hajj about the hajj. However, the general rule usually observed in this context is that one goes by the general sense of such words rather than simply the specific meaning suggested by the occasion of revelation (al-?ibra bi-?umum al-lafz, la bi-khusus al-sabab).
Furthermore, it goes without saying that all these issues of textual interpretation demand a firm knowledge of the Arabic language.
The men who later systematised this science isolated five different types of Qur'anic statement from which judgements can be derived
(i) Firstly, there is the nass (lit. "text") of the Qur'an (nass al-kitab), meaning, in this instance, an unambiguous text or judgement, as, for example, when Allah says "Men who steal and women who steal - cut off their hands ... " (Q.53.
(ii) Secondly, there is the zahir ("overt, apparent meaning") of the Qur'an (zahir al-kitab), by which is also meant the general meaning (al-?umum). In other words, you take an expression at face value - unless there is specific evidence to the contrary - and assume that everything that could be covered by the words is covered by those words. Thus, for example, Malik assumes that the word "mosques" in the phrase "while you are doing i?tikaf in mosques" (Q.2187) refers to any mosque, and not just a mosque where the Jumu?a is done, although he then points out that if the intended period of i?tikaf involves a Jumu?a, then it should only be in a Jumu?a mosque, so that the person does not have to break his i?tikaf in order to go to the Jumu?a.
Another example cited in this respect is where Allah says, "On the day when the wrong-doer will bite his hands , saying, ?If only I had taken a path with the Messenger. Woe is me! If only I hadn't taken so-and-so as a friend?" (Q.2527). Although the word "wrong-doer" is understood by some to refer specifically to ?Uqba ibn Abi Mu?ayt and "so-and-so" to Ubayy ibn Khalaf (with some people saying it is the other way round), most mufassirin prefer to take these expressions to refer to any and every wrong-doer, thus going by the ?umum. Indeed, as noted above, the general rule is to go by the general meaning of such phrases rather than the specific meaning suggested by their occasion of revelation.
(iii) Thirdly, there is the dalil (lit. "indication") of the Qur'an (dalil al-kitab), by which is meant a particular type of implication also known as mafhum al-muhkalafa, or argumentum e contrario, to use the Latin expression. For example, Allah says "And those among you who do not have the means (tawl) to marry believing free women (muhsanat) from among those of your believing slave-girls (fatayat) that your right hands possess ... That is for those among you who fear zina." (Q.425). In other words, you can marry a slave-girl on condition that you don't have enough money to marry a free woman and that you are afraid of zina. Therefore, by implication (i.e. by mafhum al-mukhalafa in this case), if you do have enough money to marry a free woman and you are not afraid of zina, you shouldn't marry a slave-girl.
(iv) Fourthly, there is the mafhum (lit. "what is understood", i.e. implications) of the Qur'an (mafhum al-kitab), also known as mafhum al-muwafaqa, and sometimes further subdivided into al-mafhum bi-l-awla ("what applies even more so"), by which is meant the straightforward implication of a text in the a fortiori sense (to use the Latin expression again), and al-mafhum bi-l-musawat ("what applies equally"). For example, Allah says that one should not say "Uff!" to one's parents (Q.1723 "And do not say ?Uff!? to them ... "). From this it is understood - by a fortiori reasoning, i.e. al-mafhum bi-l-awla - that one should not curse them or hit them or treat them disrespectfully in any other way.
Similarly, burning an orphan's wealth is as prohibited as using it for your own purposes, since Allah says, "Those who consume the wealth of orphans unjustly are in fact consuming fire in their bellies" (Q.4.10). (This latter is an example of al-mafhum bi-l-musawat.)
(v) Fifthly, there is the shabah (lit. "likeness") of the Qur'an (shabah al-kitab, also known as tanbih al-kitab or al-tanbih ?ala l-?illa), which refers to when the reason for a particular judgement is indicated, as, for example, when Allah says "or the meat of pigs, for that is filth" (Q.6145), where He thus gives the reason why pig-meat is forbidden.
- The Sunna, or the Qur'an in Action
So far these are very textual considerations, but the Qur'an did not come down in a vacuum. It was revealed on the tongue of a man - the Messenger, salla-llahu ?alayhi wa-sallam - or, more correctly, it was revealed "onto his heart", and from there it came out by means of his tongue, which was "a clear, Arabic tongue". Allah says "The Noble Spirit brought it down onto your heart for you to be one of the warners, in a clear, Arabic tongue" (Q.26193-5), i.e. via someone who spoke clear Arabic.
This message was then acted upon by the Messenger. There is the famous hadith of ?A'isha where she describes the Prophet by saying, "His behaviour was the Qur'an"; or, as it has also been translated, "He was the Qur'an walking". This is the origin of our second source, the sunna.
This means that, at the first level, the Qur'an is initially explained by what the Prophet, salla-llahu ?alayhi wa-sallam, did, i.e. how he put the Qur'an into practice, as it is also explained by what he said.
These actions and words were of course witnessed and heard by those with him, who in turn acted upon them, and, in some cases, also recorded them in a more formal, "textual" way, whether by committing them to memory or, in some cases, writing them down. It was the activities of this latter group of specialists that led to the later compilation of the hadith reports about the sunna - and here we differentiate between hadith and sunna, since they are not the same.
At this point we have a second written source - commonly known as the sunna, but more accurately described as the hadith (although there is a source which we can call the sunna and which is really our second source, as we shall see shortly). From this second written source, the hadith, we can then derive the same sort of judgements that we did from the first, so we can have nass al-hadith, zahir al-hadith, dalil al-hadith, mafhum al-hadith, and shibh al-hadith in the same way that we had nass al-kitab, etc.
We should also note that the interplay between the two is extensive. Thus we can use sunna, or its textual form of hadith, to clarify what is stated generally in the Qur'an, and/or define exceptions to it, etc. Thus, for example, beyond the basic commands, very few details are given in the Qur'an about how to do the prayer or pay the zakat. Nevertheless, copious details are provided in the records of the sunna of how the Prophet, salla-llahu ?alayhi wa-sallam, carried out these two obligations.
These two bases, the Qur'an and the sunna, are the accepted bases of the law for all the madhhabs, or schools of law. The only difference at this point is on details of interpretation, i.e. on what exactly the words of a particular aya or hadith mean.
Full Article here...
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Al-Quraan replies
Say "Shall I seek for JUDGE other than God? - when He it is Who hath sent unto you THE BOOK, explained in detail." They know full well, to whom We have given the Book, that it hath been sent down from thy Lord in truth. Never be then of those who doubt (6/114)
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PEACE ALL
FOLLOW what has been SENT DOWN UNTO YOU FROM YOUR LORD (the Qur'an) and FOLLOW NOT ANY (Auliya') PATRONS, besides Him (Allah). Little do you remember! 73
COMMAND TO FOLLOW QURAN ONLY AND PROHIBITED TO FOLLOW ANY PATRONS (Bukahri, Muslim, Tirmidhi, Ibn Majah, Dawood, Muwatta, Ahmed, Nasai, Mullahs, Imams, Scholars)
And is it not ENOUGH FOR THEM that We have SENT DOWN TO THEE THE BOOK which is RECITED to them? Verily in it is Mercy and Reminder to those who BELIEVE. 2951
Thanks
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Salaam Ansar,
Even though I've reason to doubt your belief that there are other sources of law for the deen , I've a question to ask of you. How often or likely is it that a layman muslim could utilize the quran along with the ahadeeth of Muhammad to understand the deen? I mean this in a way where there is no need for numerous leaders to point out everything even though together these 2 sources should be complete.
Joe
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Al-Quraan replies
Say "Shall I seek for JUDGE other than God? - when He it is Who hath sent unto you THE BOOK, explained in detail." They know full well, to whom We have given the Book, that it hath been sent down from thy Lord in truth. Never be then of those who doubt (6/114)
Yes, why do you follow free-minds.org instead of the quran? Besides that, even free-minds.org recognizes that they accept other sources besides the quran. They accept statements of human beings when the answer is not clearly stated in the quran.
The quran says we must follow what Allah says. And Allah says we must follow the prophet.
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Salaamun alaikum Ansar,
Yes, why do you follow free-minds.org instead of the quran? Besides that, even free-minds.org recognizes that they accept other sources besides the quran. They accept statements of human beings when the answer is not clearly stated in the quran.
I don't. I think over issues for myself. I agree with not many of the articles of free-minds. The stimulation they give me is fantastic though and I'm grateful for that.
The quran says we must follow what Allah says. And Allah says we must follow the prophet.
Fully agree. Nor did Al-Quraan leave out WHAT IT MEANS to 'follow the prophet' either, masha Allah. Al-Quraan records this response of his
But when Our Clear Signs are rehearsed unto them, those who rest not their hope on their meeting with Us, Say "Bring us A QURAAN OTHER THAN THIS OR CHANGE THIS," Say "It is not for me, of my own accord, to change it I FOLLOW NOTHING BUT WHAT IS REVEALED TO ME if I were to disobey my Lord, I should myself fear the penalty of a Great Day (to come)." (10/15)
So if you want to follow the messenger, you have the book.
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The Sources of Islamic Law I
Say Obey Allah and obey the Messenger; and, if you turn away, Allah does not like those who reject. (Q.332.)(Q.3132.)(Q.4733.) Q.350; Q.26108, 110, 126, 131, 144, 150, 163, 179; Q.4363). There are many other similar verses.
We have to follow and obey Allah first! And then, follow rasul. In the absence of rasul never follow anythingelse or anybodyelse other than the two mentioned, for, allah has not directed us to follow anythigelse/anybodyelse other than Allah and His rasuls. so hadiths and the sahabas are thrown away, out of this deen.
- The Qur'an
Firstly, of course, we have the Qur'an, "a sending-down from the Lord of all the worlds" (Q.5680), "which no falsehood approaches, either from in front of it or from behind; a sending-down from Wise and Praiseworthy" (Q.4142).
Is Quran with Allah or with us? Is the Quran in the protected tablet, the Luvhul mahful Guarded by Allah? Or do we consider the Quran is the first copy of the Book protected in any of our world class museum as a dead material publication?
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The Sources of Islamic Law II
But, as with any linguistic text, there are potential problems. It is necessary to determine, for instance, whether an expression is to be taken generally, or whether there are exceptions to it. Thus, for example, the punishment of being flogged a hundred times for zina (fornication, illicit sexual intercourse) in Q.242 - "A woman who fornicates and a man who fornicates - flog them both a hundred times" - is understood to refer specifically to free men and women rather than all men and women because of the judgement in Q.425 to the effect that slave-girls, and thus slave men as well, who are guilty of the same offence should only be punished with half the punishment stipulated for free men and women, i.e. being flogged fifty times rather than a hundred. (The relevant part of Q.425 reads "and if they are married and then commit adultery, they should receive half the punishment prescribed for free women".) The second verse is thus taken as an exception to the general ruling in the first. This comes under the uslis' heading of al-amm wa-l-khass ("what is general and what is specific").
We all know there are 2 levels of understanding of Quran
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Muhakamath verses having the HIKMATH of Allah; this is the basic of quran. Unless Allah Bestows His Hikmath, there is no way we can get at the verses, clear. Our literal languages can never reach the Hikmath, Quran is an universal language which can be taught by Allah alone through Reminding ourselves!
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Mutashabihath verses having the meanings like the torrential down pour from the heavens; the grace and mercy from Allah. Allah alone knows and keeps well guarded such Grace and Mercy and HE does reveal it to who He Wishes.
Thus every single verse of the Quran has both the components and compliments in it from Allah, the Hikmath (muhkamath) and the Grace ( mutashabihath)
002.269
He granteth wisdom to whom He pleaseth; and he to whom wisdom is granted receiveth indeed a benefit overflowing; but none will grasp the Message but men of understanding.We are only minding about the language of men and men of knowledge in literal language seeking the meanings of the ayats by groping into the dictionaries and grammar. No way. Serious handicap this ! 242; 425 and any such ayats canot be understood by our language but by only Allah's grant. Close the dictionaries and turn to HIM alone for Guidance.
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The Sources of Islamic Law III
The Sources of Islamic Law
It may also be that an expression which is unqualified in one part of the Qur'an is qualified elsewhere should the first expression thus be understood to be qualified in the same way? An example of this would be the phrase fa-tahriru raqaba ("then the freeing of a slave") in Q.583, referring to the kaffara ("expiation") for breaking the oath of zihar, while the kaffara for accidental killing mentioned in Q.492 is referred to using the phrase fa-tahriru raqabatin mumina ("then the freeing of a believing slave"). Would a slave freed for the kaffara of zihar have to be "believing", i.e. a Muslim, as well? (Malik and al-Shafii said "Yes", while Abu Hanifa said "No.") This comes under the uslis' heading of haml al-mu?laq ala l-muqayyad (i.e. assuming an unqualified expression to be qualified in the same way as its qualified counterpart elsewhere).
If the above verses Q.583, Q.492 are taken for discussion for the purpose of our guidance, then answer these questions. The Quran is for all time and for all men of all the worlds. Right ? If this is true, do we have slaves with each of us and in each one of us? If so, who are the slaves and where are we keeping them? If it is purposeless i.e., if each of us discussing here have no slaves with us or within us, then this discussion on the ayats mentioned is futile and only playful.
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The Sources of Islamic Law IV
The Sources of Islamic Law
Similarly, it is often of importance when understanding the meaning of a passage to know something about the circumstances in which it was revealed. This involves the knowledge of the "circumstances of revelation", or asbab al-nuzul (sing. sabab al-nuzul). Thus, for example, the phrase wa-la jidala fi l-hajj (Q.2197) ("and no argument during the hajj") is explained by Malik in the Muwatta as referring to the arguments that the Quraysh and various other tribes used to have in the pre-Islamic period concerning where the rite of "standing" should take place; now that these places had been decided and the correct sunna of doing the hajj was known, there was no longer any need for argument during the hajj about the hajj, that is, about where the various rites should take place. This interpretation by the sabab al-nuzul of the aya thus implies that "argument" in this context is not to be understood in the general sense of any argumentation during the hajj but rather in the specific sense of argument during the hajj about the hajj. However, the general rule usually observed in this context is that one goes by the general sense of such words rather than simply the specific meaning suggested by the occasion of revelation (al-ibra bi-umum al-lafz, la bi-khusus al-sabab).
The clear deviation from Allah and His rasul has started. Shaitan's path is opened up
Furthermore, it goes without saying that all these issues of textual interpretation demand a firm knowledge of the Arabic language.
We all know there are 2 levels of understanding of Quran
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Muhakamath verses having the HIKMATH of Allah; this is the basic of quran. Unless Allah Bestows His Hikmath, there is no way we can get at the verses, clear. Our literal languages can never reach the Hikmath, Quran is an universal language which can be taught by Allah alone through Reminding ourselves!
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Mutashabihath verses having the meanings like the torrential down pour from the heavens; the grace and mercy from Allah. Allah alone knows and keeps well guarded such Grace and Mercy and HE does reveal it to who He Wishes.
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The Sources of islamic Law V
The Sources of Islamic Law
The men who later systematised this science isolated five different types of Qur'anic statement from which judgements can be derived
We have started following the men/shaitans instead of following Allah and His rasul alone. In the absence of rasul why go after men? What happened to Allah? Why not follow HIM? Is He dead too with rasuls in our reckoning ? How did we choose to go behind men?