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The sources which are referred to in deducing legal rules are divided into two types: The first type: the sources that are agreed on. The second type: the sources that are disagreed on.
6.1 The sources that are agreed on. They are: the Noble Koran, the Sunna, El-Idjmaâ (Unanimity among the Sahaba) and El-Qiyas (Analogy).
6.1.1 The Noble Koran. A) Its definition. The Koran is the tangible word of God-High Exalted is He. It is revealed to the prophet Mohammed -may peace be upon him- in the Arabic language and it is transmitted to us by narration. It is written in books (Massahif). It is recited during prayers, it begins with Surat Al-Fatiha (the Opening), and ends with Surat An-Nâs (the Mankind). B) Its legitimacy. All the Muslims agreed on the legitimacy and the obligation to act in accordance with the rules the Noble Koran contains. It is the first source to which the diligent should always refer in order to know Allah's instructions, and he should not use another reference unless if what he needs is not mentioned in the Noble Koran. C) Some signs of its inimitability. God -High Exalted is He- sustained His prophets with miracles to substantiate that He is their sender and the one who orders them to preach His religion. Allah the Great endowed His prophet Muhammad -may peace be upon him- with the most impressive miracle that is the Glorious Koran. It is not very easy to deal with all the signs that indicate the wondrous nature of the Holy Koran. So, only some of them are to be mentioned: 1. Its eloquence and straightforward style. The Glorious Koran reached the highest levels of eloquence. This is what the Ulemas as well as the rhetors authenticated. God defied the Arabs who are the giants of eloquence and fluency to bring a book similar to the Koran, or ten chapters, or at least one chapter but they failed. Allah the Compassionate said: «Say: if mankind and the Jinn banded together to produce the likeness of the Koran, they would never be able to produce the likeness of it, even if they all helped one another». [Surat El-Isrâ/the nocturnal trip, 88]. «… Say: forge them ten Surat (chapters) similar to it, and call to your assistance whoever you can, other than God, if you are truthful in your claim». [Surat Hood, from the verse13]. «…Say, than bring a chapter like it and call upon whoever you can other than God, if you speak the truth». [Surat Yunes/the Prophet Jonah, from the verse p 38]. Allah then confirms the inability of mankind to bring one chapter at present or in the future. He says: «and if you have doubt about what we have revealed (Koran) to our servant (Muhammad), then compose a chapter like it, and call upon your helpers other than God if your claims are true. But if you do not do it, and you will never do it, then fear the fire whose fuel is mankind and stones which is prepared for the unbelievers». [Surat El-Baqara/the Heifer, 23/24]. 2. Its information about the unseen. Allah the Great informed His prophet about the victory of the Romans over the Persians before the war beaks out. He said: «Alif, Lam, Mim. The Romans have been defeated in a nearby land, and after their defeat they will conquer within a few years. To God belongs the command, in the former and in the latter, and on that day the believers shall rejoice with the victory of God, He helps whom he pleases, and He is the Almighty, the All Merciful». [Surat Er-Rűm/the Roman, from 1 to 5]. The Almighty Allah told his prophet about the conquest of Mecca (in peaceful way) He said: « Indeed God has fulfilled the vision of His Messenger in truth: you shall enter the sacred Mosque, if God pleases in serenity, having your heads shaved, your hair cut, and you shall have nothing to fear. But He knows what you do not know, then He granted you, another than this a victory in a short time». [Surat Ar-Rűm/the Roman, 1 to 5]. Allah the Great informed His messengers about occurrences and incidents that happened before, and which were mentioned in the other Holy Scriptures. The Koran also recounted what happened with the other prophets and their people, He said: «Such are the tidings of the unseen, which we have revealed to you, which neither you nor your people knew before this, so be patient, ultimately the pious shall be successful». [Surat Hood/the prophet Hood, 49]. 3. Its containment of different legislative instructions: the latter are related to belief, worship, morals and transactions. 4. Its continuity and perpetuity: Allah the Great said: «Indeed! We are the one who has revealed the Koran, and we will most surely preserve it». [Surat El-Hijr/the Rock, 9]. 5. Scientific inimitability of the Koran: the Noble Koran is a Book of legislation and guidance, but this does not mean that there is no indications of some scientific realities that modern sciences confirmed, for example: the Almighty Allah said: «Do not the unbelievers see that the heavens and the earth were one mass, then We rent them apart, and We made every living thing out of the water? Will they not then believe? ». [Surat El-Anbiya/the prophets, 30]. In this verse, there is an indication that earth and heavens were once a mass, and then earth is separated from it. Allah the Great also said: «Whoever God whishes to guide, he expand His chest to Islam, and whoever he wishes to leave astray, He makes his chest narrow and constricted as if he were climbing up to the sky…». [Surat Al-Anâam/the Cattle, 125]. This verse indicates the deficiency of oxygen whenever we ascend towards the sky. In another verse He said: «And of every thing we created pairs, that you may reflect». [Surat Az-Zariât/the Wind that Scatters, 125]. He also said: «Glory to be to Him, who created the couples of every kind of what the ground caused to grow, and of themselves». [Surat Yâ-Sîn, 36]. This verse shows that Allah created every thing in pairs. Allah-High Exalted is He-said: «Does mankind think that we shall not assemble his bones? Yes indeed! We are able to restore every fingertip». [Surat Al-qiâmah/the Day of Judgment, 3, 4]. This verse indicates the differences of human’s prints/fingerprints. D) The reason of revealing the Koran elaborately. The objective of revealing the Koran on stages and not at once can be summarized in the following points: 1. To strengthen the heart of the prophet-may peace be upon him. This appears in His saying -High Exalted is He-: «And the unbelievers say: "why has the Koran not been revealed to him all at once?" This is so we may strengthen your heart thereby, and we revealed part after part». [Surat Al-Furqân/the Criterion, 32]. And when the verses are revealed, they fortify the prophet’s heart, and strengthen his determination and aspiration. How can not this be and the Almighty Allah addresses him with the following verses: «So bear patiently, as the Messengers possessed of constancy were patient…». [Surat Al Ahqâf/the Sand Dunes, from the verse 35]. «And wait patiently for the judgment of your Lord; surely you are in our sight…». [Surat At -Tűr/ Mount Tur, from the verse 4]. «And all we relate to you of the tidings of the messengers in order to make firm your heart…». [Surat Hood, from the verse 120]. «And many Messengers before you were disbelieved, but they were patient and constant when so disbelieved and harmed, until Our help come to them». [Surat Al-An’âm/the Cattle, 34]. 2. To be lenient with the prophet- may peace be upon him- when revealing the Koran. The Noble Koran has reverence, prestige and solemnity. Thus, it required alleviation and relief for the prophet. This is why it was revealed elaborately. Allah the Great said: «Soon we shall send down upon you a momentous message». [Surat Al-Muzamil/the Enwrapped, 5]. «If we have sent down this Koran upon a mountain, surely you would have seen it humbling itself, and splitting asunder out of fear of God…». [Surat Al-Hashr/the Gathering, 21]. If this would be the state of the mountains, so imagine the state of the prophet-may peace be upon him who is soft hearted and who appreciates and estimates God’s Message. Aîcha, the prophet’s wife, described the state of the prophet-may peace be upon him-when the Koran was sent down on him, she said: «I saw him at moments of revelation, in a very cold day, and once he (Gabriel) cleaves with him, his forehead sweats». 3. To upbraid the disbelievers persistently and remind them of their perversion from the right way. This is on the one hand. On the other hand, Allah the great strengthens the believers’ hearts and consoles them, and provides them with great patience and certitude. 4. Gradation in educating effectively the society. The latter should eliminate the widespread of vices and saw the seeds of good qualities. 5. To facilitate the memorization and the understanding of the Noble Koran for the illiterate Muslims, he said: «God is the One who has sent among themselves a Messenger, to recite His revelation to them, and to teach them the Book and the wisdom…». [Surat Al-Jumu’ah/the Friday, from the verse 2]. 6. The gradation in legislating laws: for example, wine is prohibited gradually in the following steps: The first step: The Almighty Allah said: «And from the fruits of the palms and the vines. You obtain from them intoxicant and a goodly provision…». [Surat An-Nahl/the Bees, from the verse 67]. The second step: Allah the Great said: «They ask you about intoxicants and gambling say: In both of them there is grievous sin, and some profit for people; but the sin is more grievous than the profit…». [Surat Al-Baqara/the Heifer, from the verse 219]. The third step: the Almighty Allah said: «O you who believe! Do not approach prayer while you are intoxicated, until you can understand all that you say…». [Surat An-Nissâ/the Women, from the verse 43]. Fourth step: It was the step where wine is prohibited totally (final prohibition). Allah said: «O you who believe! Most certainly intoxicants and gambling and idol worship and fortune telling are an abomination of Satan’s handiwork, so shun it, that you may prosper. Satan desires only to cause enmity and hatred between you with intoxicants and gambling, and to hinder you from the remembrance of God and from prayer, you will then desist ». [Surat Al-Ma'ida/the Table Spread, 90 and 91]. E) The types of instructions embodied in the Noble Koran. The Noble Koran comprehends all the laws that concern human being. They may be classified into the following categories: 1. Instructions of belief. They are related to faith and belief, among the verses that dictate these stipulations the following ones: «The Messenger believes in what is revealed to him from his Lord, and so do the believers. They all believe in God and His angles and His books and His Messengers, We make no distinction between any of His Messengers… ». [Surat Al-Baqara/the Cow, from the verse 285]. «Alif (A)- Lam (L)- Mim (M). God there is no god but He, The Ever-Living, The Eternal Power…». [ Surat Al-Imran/the Family of Imran, 1, 2]. «Alif (A), Lâm (L), Mîm (M). God there is no God but He, the ever Hearing, the all seeing…». [Surat Ash-Shurâ/the Consultation, from the verse 11]. « He is God; there is no god but He. He is the sovereign, the Holy, the Peace, the Giver of faith, the Overall Controller, the Almighty, the Compeller, and the Majestic. Glory to be to God above that they associate! He is God the Creator, the Maker, the Shaper, to Him belongs the most sublime attributes. All that is in the heavens and the earth glorify Him, and He is the Almighty, the All Wise». [Surat Al-Hashr/the Gathering, 23, 24]. «Say He is God, the One and Only. The Eternal cause of all beings. He begets not, nor He begotten. And there is none comparable to Him». [Surat Al-Ikhlâs /sincerity of faith]. 2. Instruction of moral standards. They are related to virtues. These instructions are cited in many verses such as: «And surely you are of great morality ». [Surat Al Qalâm/the Pen, 4]. «O You who believe! fear God and be with those who are frightful». [Surat At-Tawba/the Repentance, 119]. «…But if you are patient, it will certainly be best for those who are patient». [Surat An-Nahl/the Bee, from the verse 126]. «…Who restrain anger, and pardon people, and God loves the charitable». [Surat Al-Imran/the Family of Imran, from the verse 134]. «…And prefer others above themselves, even though poverty may afflict them…». [Surat Al-Hashr/the Gathering, from the verse 9]. E.3 Practical instructions. They can be divided into two types: worship and transactions. They are mentioned in the following verses: «And establish prayer and pay alms and bow down in the company of others bowing down». [Surat Al-Baqara/the Heifer, 43]. «O you who believe! Fasting is ordained for you as it is ordained for those before you, that you may be pious». [Surat Al-Baqara/the Heifer, 183]. « …To make the pilgrimage to the House, whoever has the means to make the journey». [Surat Al-Imran/thr Family of Imran, from the verse 97]. «To men a share of what parents and near of kin leaves, whenever it is little or much, an appointed share». [Surat An-Nissâ/ the Women, 7]. «A divorce is only to be effected twice, and then either stay together with honor or separate in kindness…». [Surat Al-Baqara/ the Heifer, from the verse 229]. «…But God has allowed trading and forbidden usury…». [Surat Al-Baqara/ the Heifer, from the verse 275]. «O you who believe! When you borrow money from each other for a definite period, then write it down… ». [Surat Al-Baqara/ the Heifer, from the verse 282]. « And there is life for you in retribution. O you who possess minds ». [Surat Al-Baqara/ the Heifer, from the verse 179]. F) Koran’s demonstrations of instructions. There are three kinds of demonstrations: The first kind: Total and comprehensive demonstration, i.e. by mentioning the rules and the general principles upon which the derivative rules are based, for example: - Ordering consultation: Allah the Great said: «…And consult them on the matter…». [Surat Al-Imran/the Family of Imran, from the verse 159]. And he said: «And who on matters other than those God has decreed, conduct them by mutual consultation…». [Surat Ash-Shűra/ the Consultation, , from the verse 38]. - Ordering justice and judge with it: God -High Exalted is he- said: «Most surely Allah enjoins justice…». [Surat An-Nahl/the Bee, from the verse 90]. He also said: «…And when you judge between people, then you judge with justice…». [Surat An-Nissâ/ the Women, from the verse 58]. - Mankind is not responsible for the sins of the others: The Almighty Allah said: «And no bearer of burdens can bear another’s burden…». [Surat Fâtir/the Originator, from the verse 18]. - The degree of punishment must be equal to that of the crime: The Almighty Allah said: «And the recompense of an evil is an evil equal to it…». [Surat Ash-Shűra/the Consultation , from the verse 40]. - The protection of others' properties. Allah the Great said: «And do not usurp one another’s property by false means…». [Surat Al-Baqara/ the Heifer, from the verse 188]. - The fulfillment of pledges: « O you who believe! Fulfill your pledges…». [Surat Al-Mâ'idah/the table spread, from the verse 1]. - No embarrassment and hardship in religion: Allah Said: «...And has not imposed difficulty upon you in religion…». [Surat Al-Hajj/the pilgrimage, from the verse 78]. The second kind: General demonstration, i.e. the rules are mentioned in a general manner and they need some details and explanations, among them: - The obligation of pray and pay alms: Allah the Great said: «…So, establish prayer, and pay alms…». [Surat Al-Hajj/the pilgrimage, from the verse 78]. The Koran does not mention the number of prostrations in prayers (Rakaâ) and the way they are performed. So, the Sunna details this. The prophet-may peace be upon him- said: «Offer your prayer the way you see me offering them» [Reported by Muslim]. The Sunna also cited the instructions of alms and limited the amount of properties liable to be paid. - The obligation to make the pilgrimage to Mecca. Allah the Great said: «…It is an obligation towards God on all people to make the pilgrimage to the House (Mecca), whoever has the means to make the journey…». [Surat Al-Imran/ the Family of Imran, from the verse 97]. The Sunna, then, gives details about its pillars and rites (Manasik). The prophet-may peace be upon him- said: «take from me your rites (devotions)». [Reported by Muslim]. - The obligation of retribution: Allah the Great said: «…Ordained to you is the law of retribution…». [Surat Al-Baqara/ the Heifer, from the verse 178]. So the Sunna is revealed to demonstrate the conditions of retribution. - Allowing sale and forbidding usury: Allah the Great said: «…But God has allowed trading and forbidding one which is called usury…». [Surat El-Baqara/the Heifer, from the verse 275]. The third kind: The instructions that are given in a minute detail, such as the shares of inheritance, the manner of divorcing (implicitly, outspokenly, Khol’: the divorce asked by the woman from her husband,) and its types (revocable or irrevocable), the manner of Liâan (accusing the wife of unfaithfulness), and the forbidden women in marriage. G) Koran’s indication of instructions. The Koranic verses are absolute, steady and decisive, because they were transmitted by narration. The thing that makes it sure that the verse that each Muslim recite throughout the world is the same with the one recited by the prophet -may peace be upon him- to his companions, and it was the same that was revealed through Gabriel from the "Protected Tablet" without being changed or altered. Allah the Great said: «We are the One who has revealed the Koran and We will most surely preserve it». [Surat Al-Hijr/the Rock, 9]. The prescriptive instructions that are mentioned in the Koranic texts are of two kinds: those that are absolute and those, which are dubious. The text with an absolute indication is the one that signifies only one thing i.e. there is no possibility to have another interpretation. For example, the texts that indicate specific numbers or limited amounts of inheritance and punishment. Allah the Great said: «And you will get half of what your wives leave behind, if they are childless». [Surat An-Nissâ/ the Women, from the verse 12]. This verse contains an absolute indication of the portion of inheritance of the husband which is a half of what his wife leaves. The Almighty Allah also said: «The adulteress and the adulterer scourge each of them with a hundred lashes…». [Surat An-Noor/the Light, from the verse 2]. This verse determines clearly the number of the floggings in case of fornication. Concerning the oath breaking, the Almighty Allah said: «…Then fast for three days…». [Surat al-Mâ'idah/the Table Spread, from the verse 89]. This verse has an absolute indication about atonement in case of breaking the oath, because it limits the number of the days that are to be fasted which are three days. As far as the texts that have dubious indications are concerned, they may have more than one meaning or interpretation. For example, the word "Al-Qűr’a", in the Arabic language, which signifies "the menstruating period" in His saying: « And divorced women must wait fore a trial period of three menstruations…». [Surat Al-Baqara/ the Heifer, from the verse 228]. This word has two meanings: purity or menstruating. So the Koranic verse may signify three purities as it is said by the Chafîi, or three menstruations, as it is the case for the Hanifites.
6.1.2 The Sunna. A) Its definition. Linguistically: It means the accustomed way or the habitual manner, good it is or bad. Allah the Great said: «Our ordinance for those we sent before you of our messengers, and you will find no change in Our ordinance ». [Surat Al-Isră/the Nocturnal Tripe, 77]. The prophet -may peace be upon him-said: «The one who performs a good deed in Islam will be rewarded and receives the rewards of all who work according to it without diminishing the latter's reward, and the one who performs a bad deed, he will be chastised and receives the chastisements of all those who work according to it without decreasing the degree of their punishment». [Reported by Muslim and others]. Its deepest meaning: it signifies all that is issued from the prophet-may peace be upon him- sayings, deeds or acknowledgements (affirmations). B) The legitimacy of the Sunna: The Ulemas agreed on the fact that the right and the well established Sunna that is emanated from the prophet-may peace be upon him- is an evidence and a source of legislation for the Muslims, whenever it is proved either by absolute or most probably ways. 1. Proofs from the Koran: The Almighty Allah said: «…And We revealed to you the Koran; that you may make clear to mankind what was sent for them…». [Surat An-Nahl/ the Bee, from the verse 44]. « And establish prayer, and pay the alms, and obey the messenger, that you may find mercy ». [Surat An-Noor/the Light, 56]. « Say: If you love God, then follow me, and then God will love you and forgive you your sins…». [Surat Al-Imran/the Family of Imran, from the verse 31]. « O you who believe! Obey God and obey the messenger, and those entrusted with authority over you… ». [Surat An Nisâ /the women, from the verse 59]. « O you who believe! Obey God and his messenger, and do not turn away from the Messenger while you are hearing it ». [Surat Al Anfăl /the spoils of war, 20]. « Whoever obeys the messenger, then he has obeyed God… ». [Surat An-Nissâ/the women, from the verse 80]. « …But if there arises any dispute about any thing, reflect it to God and the Messenger, if you believe in God and the Last Day...». [Surat An-Nissâ/the Women, from the verse 59]. «…And whatever the Messenger gives you, accept it, and whatever he forbids you, desist from it ». [Surat Al-Hashr/the Gathering, from the verse 7]. «And it is not for any believer, man or a woman, when God and His Messenger have decreed a matter, for them to have a choice in that matter». [Surat Al-Ahzab/the Allies, from the verse 36]. « By your Lord! They will not believe until they accept you to judge between them in their disputes, and accept your decision with entire submission without feeling the last resentment in their hearts…». [Surat An-Nisa/the Women, 65]. «And We did not send any Messenger but to be obeyed by God’s permission». [Surat An-Nisa/the Women, from the verse 64]. «Surely there is for you the best example in the Messenger of God, for whoever seeks the pleasure of God and the Last Day…». [Surat Al-Ahzab/the Allies, from the verse 21]. These Koranic verses and so many others are clear proofs and evidences not only on the legitimacy of the Sunna but also on being one of the sources of the Islamic legislation. They also prove that Sunna’s instructions are divine legislations that must be followed. 2. Proofs from the Sunna. The prophet- may peace be upon him- said: « I let you two things you will never astray as long as you stick to them: the Book of Allah (Koran) and my Sunna». He also said: « I have been given the Koran and something similar to it (Sunna)». When the prophet-may peace be upon him- sent Muâd Bnu Djabal to Yemen he said: «How are you going to judge if a matter is exposed to you? Muâad answered: I judge according to Allah’s Book. The prophet said: «And if it is not mentioned in Allah’s Book? He answered: « So I judge in accordance with the prophet’s Sunna. The prophet said: «And if it is not mentioned in the messenger’ Sunna? He said: «I exert myself to the utmost of my power and I spare no pains». Muâad said: then the prophet beat me on my chest and said: «Praise be to Allah who directed the messenger of His Messenger to what pleases God and His messenger ». 3. Unanimity among the Sahaba (the prophet's companions). During the prophet’s life and after his death, the Sahaba agreed on the necessity to follow his Sunna and to stick to its instructions, to execute its orders and to desist from what it forbids. C) The position of the Sunna in argumentation. The Sunna comes in the second position after the Noble Koran as far as its use as a proof is concerned. The Muftee and the diligent refer to the Koran first then to the Sunna to resolve all the matters and the affairs exposed to him. D) The transcription of the Sunna. It is a well-known fact that the Sunna was not written during the epoch of the prophet-may peace be upon him- as it was the case for the Noble Koran. The prophet interdicted its writing as he feared to be blended with the Koran. The prophet- may peace be upon him- died but his Sunna was preserved in the hearts of the Sahaba, each one according to his abilities and the extent of his attending the prophet’s assemblies. During Abi Bakr’s Caliph (reign), no one thought of its transcription for the reason above mentioned, and also because his caliph did not last for a long time. During the period of second Caliph, Omar Bnu Al-khatab- may Allah be pleased with him- the idea of transcribing the Sunna had been proposed to him, so he consulted the other Sahaba who advised him to collect the Sunna, but Omar Bnu Al-khatab remained a whole month consulting God by divination. At last he gave up for the following reasons: He noticed that this work is difficult to be accomplished because when the prophet -may peace be upon him- died, he left his Sunna scattered (allotted) between his companions who were dispersed away in many countries. This was on the one hand, on the other hand, and in addition to his fear to be amalgamated with the Koran, he was afraid that people would be busied with the Hadith and ignores the Koran. During the reign of the just Caliph Omar bnu Abd al-Aziz, this idea (the transcription of the Sunna) had been proposed a second time. But this was done in the last days of his life. In 100 Hegira, he ordered Aba-Bakr Bnu Hazm, the judge of the Medina, to collect the Sunna, and it was said that the caliph compelled him to collect the Sunna. A year later, in 101 Hegira, the caliph died and the work was not accomplished, because it was impossible to realize such a work in one year at that time. Collecting the Sunna was not considered by the Omyyads for the reason that they were much more preoccupied with politics and administration, except what was reported about Hicham Bnu Abd-al Malik who incited and compelled Ibn Chihab Ez-zahri to record the Hadith. The caliph Hicham died in 125 Hegira. During the Abbasid period, the Sunna was collected. Its transcription began approximately at the middle of the second Hegirian century in Mecca, Medina, Damascus, Egypt, Cufa and Basra. In each Islamic country there was Ulemas who recorded the Sunna. For example, Imam Malik in Medina, Imam al-Aouzaii in Damascus, Imam Laith Bnu Saâd in Egypt and Sofiane Athaouri in Cufa. However, what was transmitted to us was but a little of what they had done. For instance, Al-Muwatâ' of Imam Malik Bnu Anas gives a general idea of the books written at that time about the Sunna. They were a mixture of Ahadith, Sahaba' sayings and their Fatawa. Their writers did not give much consideration to the Sunna as it was the case for those who came after them. That is, the ones who are specialized in collecting Ahadith and their classification. This was the first step to be done in the compilation of the Sunna. It was followed by another one at the beginning of the year 200 Hegira in which the prophet’s Ahadith were separated from the Sahaba’s Fatawa and the sayings of the Tabi’in (the Sahaba’s followers). It began with compiling the Ahadith according to the ascribing method (El-Masanid) i.e. each of the Sahaba's Hadith was compiled separately in all topics. This method, even if it classified the Ahadith, it did not distinguish the right ones from the others. During the third century, a new method was appeared. Its aim was to distinguish the true Ahadith from the others, and to search for their narrators. In fact, this was the flourishing epoch for the Hadith. In that epoch, Al-Boukhari who died in 256 Hegira, and Muslim Bnu El-Hadjadj who died in 261 Hegira wrote books Called respectively "Sahih El-Boukhari" and "Sahih Muslim". Within the same epoch, the two books "Es-Sunan" were written by Ibn Madja who died in 275 Hegira and En-Nissaî who died in 303 Hegira. These books are known by "The Six Books". In addition to "Musnad" which was written by Imam Ahmed who died in 241 Hegira. E) Types of the Sunna. 1. In respect of its nature: It is divided into three types. a) Sayings. They are all the sayings that were emanated from the prophet -may peace be upon him- for the sake of legislation, such as «Do not harm others and do not contend with them» i.e. even if people harm you, do not harm them. «The reward of deeds depends upon the intentions and every person will get the reward according to what he has intended». b) Deeds: They are all what was done by the prophet -may peace be upon him- for the sake of legislation. For instance, his way of praying and doing the rites of pilgrimage. c) Affirmations: They are all what is done and said by the Sahaba- may God be pleased with them- and welcomed by the prophet -may peace be upon him- i.e. the prophet acknowledged (confirmed) and had a good opinion of their sayings and deeds. 2. In respect of its ascribing: As far as the Sunna's ascribing is concerned, the Ulemas were divided into two groups. The first is represented by the ulemas of Hadith and those of Ussul. They divide the Sunna into Mutawatira (the transmitted by groups of narrators) and Ahaâd (transmitted only by a few narrators). The second group is represented by the Hanifite Ulemas who added the « famous Sunna ». a) The Mutawatira Sunna: In the Arabic language, the word "Tawatur" means succession, and its deepest meaning refers to all that is reported by a multitude of persons from a mass of people. In such a case, there is no conspiracy to lie. The Mutawatira Sunna is reported by a large group of Sahaba from the prophet - may peace be upon him, and it was transmitted by their followers, (Tabi'in) until it arrived to the Ulemas who transcribed and recorded the Sunna in the second and the third Hegirian centuries. The Mutawatira Sunna is related much more to the prophet's deeds rather than his sayings. It is a complete proof because it is certainly and absolutely emanated from the prophet- may peace be upon him. b) The Famous Sunna: It includes all that is resulted from the prophet- may peace be upon him, and reported only by one or two Sahabi, i.e. it does not reach the amount of narration (more than three). Then, as it became famous, it was cited by many narrators during the epoch of the Sahaba's followers and their successors. For example, what was reported by Omar Bnu El-Khatab from the prophet -may peace be upon him- «The reward of deeds depends upon the intentions and every person will get the reward according to what he intended ».
c) The Ahaâd Sunna: It refers to what is reported by a few narrators and reported from them by another small number and so on…until it arrived to the period of the transcription of the Sunna. F) The Sunna as a source of legislation and as a source of non-legislation. The Sunna is divided into two types concerning its being a source of legislation and a source of non legislation. a. All that is issued from the prophet- may peace be upon him- after revelation i.e. after becoming a prophet and a messenger of God, is considered uncontrovertibly as a legislation for the nation. b. It is not considered as legislation all that is: 1. Emanated from the prophet- may peace be upon him, sayings, deeds or affirmations before revelation. 2. Issued from the prophet in consequence with his human nature like eating, drinking, sleeping, walking and paying visits to others. 3. Emanated from the prophet as a result of his human knowledge which he acquired from his own experiences throughout his life like trade, agriculture, leading the army, prescribing medicines and so on. 4. Specific to the prophet- may peace be upon him- like his fasting without breaking the fast, his marriage with more than four women, his praying in the night (Tahadjud), and his satisfaction with the witness of khuzeima alone in proving the claim. G) The absoluteness of the Sunna and its probability. The prophet' Sunna can be absolute in its attribution to the prophet -may peace be upon him- if it is Mutawatira, and it can be dubious if it is famous or Ahaâd. In both cases, the Sunna may have an absolute indication of meaning if it does not carry a second interpretation, as it may have a dubious indication if it carries another interpretation. The prophet -may peace be upon him- said: « give the grand mother one sixth of the inheritance». This Hadith is dubious in its ascribing being narrated only by a few narrators (an Ahaâd Hadith) but it is of absolute indication because it has only one interpretation. The share of inheritance of the grand mother is one sixth 1/6. The prophet also said: «No prayer for the one who does not recite the Opening of the Book (El-Fâtiha) ». This Hadith is dubious in its ascribing being narrated by a few narrators and dubious in its meaning because it carries two different interpretations. «No prayer» may signify that the prayer is not correct as Imam Ech- Chafii claimed or it may refer to the incompleteness of the prayer as it is interpreted by Imam Abu Hanifa. H) The different rules of the Sunna. The first kind: Rules that are similar to those of the Koran and that confirms them. For example, the prophet’s Hadith «The property of a Muslim which is taken out of his self-well is not lawful ». This Hadith agrees and affirms the Almighty Allah’ saying: «O you who believe! Do not devour your wealth among yourself falsely, but trade fairly by your mutual consent…». [Surat An-Nissâ'/the Women, from the verse 29]. Other examples from the Sunna that agree with the Koran’s rules are the prohibition of disobeying and being refractory to one’s parents, false testimony, killing the self without a legal reason, the obligation of praying, giving alms, fasting, performing pilgrimage … The second kind: Rules that explain clearly the Korans instructions. 1) By detailing what is global: like the practical Sunna (the prophet's deeds) that explains the way of praying and the rites of pilgrimage. 2) By limiting what is general: like the prophet’ saying « We, the prophets, have no heirs, all that we leave is to charity » which limits the Almighty Allah' saying: « God commends concerning your children (inheritance), for the male a share proportionate to the shares of two females...». [Surat An-Nissâ/the Women, from the verse 11] and excludes the prophet’s bequest. 3) By restraining what is absolute: like the saying of Saâd Bnu Abi Waqas concerning the request on which the prophet -may peace be upon him- said: «A third and a third is too much». This Hadith restrains the Almighty Allah’ saying: « ...After the payment of wills and debts... » to the third of the bequest and no more. The third kind: New instructions that are not mentioned in the Noble Koran. The Sunna can legislate laws just like the Koran. It was proved that the prophet -may peace be upon him- said: «I have been given the Koran and something similar to it (Sunna)». For example, it is prohibited for men to wear gold and silk, and it is possible for the grand mother to have a share of inheritance»… I) Biographies of the famous Imams of Hadith. 1. Imam El-Boukhari. He is Abu Abdu Allah bnu Ismail bnu Ibrahim bnu El-Moughira bnu bardaz bih El-Djâafi El-Boukhari. He was born on Friday 13th of Choual 194 Hegira in Boukhara. He was still a child when he had acquired knowledge and had learnt the works of some Imams. He learnt from many Ulemas of his country, and then he left with his mother and brother for Hedjaz in the year of 210 Hegira. He settled in Medina where he wrote his book “The Great History” nearby the prophet’s tomb. He traveled through different countries and met many Ulemas and Imams of Hadith. He wrote about more than thousand of Ulemas. It was his patience, his intelligence and his fondness for knowledge that helped him to reach a high rank in his epoch, until he became the Imam of the Muslims in Hadith. El-Boukhari was surnamed the Commander of the Faithful in Hadith. He died in Ramadan 30th, 256 Hegira in Kharteng village. El-Djami’i Es-Sahih. (The Complete and the Right). Imam El-Boukhari had left about twenty books that deal with Hadith, its science and its narrators, and others that deal with other Islamic sciences. The most famous one "Al-Djami'i As-Sahih" which is known by Sahih El-Boukhari (the Right of El-Boukhari). He collected in it 9082 Hadith. This book was the first of the six books of Hadith and is the most preferable for the multitude of Ulemas than the Selected Doctrine. Imam Anabasis said in his explanation of Sahih Muslim: «The Ulemas agreed that the most right books after the Noble Koran are the "Sahihan": Sahih El-Boukhari and Sahih Muslim». Imam Muslim was among those who benefited from Sahih El-Boukhari, and he confessed that it has no equivalent in the science of Hadith. The Sheikh of Islam Ibn Taymia said: «There is no book beneath the terrestrial surface which is as correct as that of El-Boukhari and Muslim after the Noble Koran ». Some explanations of Sahih El-Boukhari. - The explanation of Abi Suleiman Ahmad Bnu Muhammad Bnu Ibrahim Bnu Khatab El-Bati El-Khatabi who died in 308 Hegira. He called it Aâlaâm As-Sunan (the Skillful of the Sunna). - The explanation of Sheikh Burhan Eddin Ibrahim Bnu Muhammad Al-Halabi who is known by Sabt Ibnu Al-aâdjami. He died in 841 Hegira. He named it Et-Talqih li Fahm Qariî' Es-Sahih (keys to understand the reader of the Sahih). - The explanation of the skillful Abi Al-Fadl Ahmed Bnu Ali Bnu Al-Hadjar Al-Asskalani who died in 852 Hegira. He called it "Fath El Bari". - The explanation El- Hâfid Djala Eddin Abd Ar-Rahman Bnu Abi Bakr Es-Su'uti who died in 911 Hegira, he called it Tawshih ala Al-Djamî As-Sahih (Adornment of Al-Djami'i As-Sahih). 2. Imam Muslim. He is Abu Al-Hassan Bnu Al Hadjadj Al Kichiri Al-Nissaburi. He was born in 204 Hegira. He acquired knowledge when he was still a child from the skillful of his country. Then Muslim traveled to Baghdad many times, to Cufa, Basra, Hedjaz, and Damascus, Egypt and to many other countries. He had learnt from many Imams of Hadith, and when El-Boukhari came to Nissabur, Muslim was frequently attending his courses. Imam Muslim achieved a high degree in knowledge. This is why some Imams preferred him or set him over the learned men of his epoch. He was praised by his contemporaries and a number of learned persons. He left about twenty books of Hadith and its science. Sahih Muslim. Imam Muslim’s book is composed of more than three hundred thousand (300.000) narrated Hadiths. He stayed fifteen years in improving and amending this book. Muslim said: « In this book I have put nothing without a proof, and I have omitted nothing without a proof ». An-Nawaoui said: « In his Sahih, Muslim adopted efficient methods, great precaution, perfection, piety and knowledge. This was as a result of his piety, his complete knowledge, his abundant science and his careful ascertainment » Some explanations of Sahih Muslim. The explanation of Imam Hâfid Abi Zakaria Muhiyi Eddin Bnu Charaf El-Khozami An-Nawawi Achafîi who died in 676 Hegira. He called it Al-Minhadj Fi Charh Sahih Muslim Bnu Al-Hadjadj (The Method of explaining Sahih Muslim). The explanation of Abi Abd Allah Muhammad Bnu Khalifa Al-Wichnali Al- Abi Al Maliki who died in 827 Hegira. The explanation of Sheikh Djalal Ed-Din Abd Ar Rahman Bnu Abi Bakr As’Su'uti who died in 911 Hegira. The comparison of the Sahihan. El-Boukhari and Muslim did their best to arrange the Sahihan in a scientific and exact way, taking into consideration the conditions of rightness upon which the concerned Imam of Hadith agreed. So, they were well accepted by the people, and the learned men agreed unanimously that they are the most correct books after the Koran. Ibn Taymia said: « There is no book beneath the terrestrial surface which is as correct as that of Al-Boukhari and Muslim ». Each of the Sahihan has specific characteristics and features. For example, Imam El-Boukhari translated chapters of his book and reiterated Ahadith in different chapters of the book for Hadith and Fiqh reasons. He also used many Ahadith as proofs to emphasis a rule or to add a benefit. Imam Muslim did not adopt the same techniques but he gathered all the Ahadith that deal with the same subjects in one chapter with their different ascribing and different words, the thing that facilitates for the researcher the way to deal with it. Many people prefer Sahih El-Boukhari to Sahih Muslim, but some Maghrebi Ulemas prefer Sahih Muslim to Sahih El-Boukhari because it arranges and gathers the Ahadith of the same subject in one chapter. Some Ulemas said: They quarreled about El-Boukhari and Muslim, And said whom do you prefer. I answered: El-Boukhari excelled at rightness, Just as Muslim excelled at formulation. 3. Abu Daoud Es-Sadjastani. He is Suleiman Bnu Al-Ashâth Bnu Isshâq Es-Sadjastani, the master of those who learn Hadith by heart. He was born in 202 Hegira. He had acquired knowledge from his childhood, and then he traveled to Damascus, Hedjaz, Egypt, Iraq, Andalusia and Khorassan. He met a lot of Imams among them, Imam Ahmed. Es-Sadjastani died in Basra in the year of 275 Hegira, and buried near to the tomb of Sofiane Eth'thaouri. Abi Daoud wrote many books and the most important one is ‘‘Es-Sunan’’. 4. Imam Et'Termithi He is Abu Aissa Bnu Sura. He was born after the year 200 Hegira in Boudj, one of the villages of Tirmith. As many other Imams, he acquired knowledge when he was still a child. He traveled to Hedjaz, Khorassan and to many other countries. He was among the Imams who learn by heart and who were famous for their accuracy and their perfect works. Et'Tirmithi died in 279 Hegira in Tirmith. He wrote many books and the well known one is "Es-Sunan". 5. Imam En-Nassâ’i. He is Sheikh al-Islam Abdu abd Er-Rahman Ahmed Bnu Chuâib Bnu Ali Al-Khorassani, in relation with the village Nassâ’i in Khorassan. He was born in 215 Hegira. He had only fifteen when he traveled to learn Hadith. He learnt from the famous Ulemas of his era in his country, in Hedjaz, Iraq, Egypt, Damascus and in Andalusia, and then he settled in Egypt. In Di-Alqida, 302 Hegira, he left Egypt and he died in Ramla in Palestine on Monday, Safar 13th, 303 Hegira. He was buried in Jerusalem. An-Nassâ’i' wrote about 15 books about Hadith and its sciences. The most famous one is "Es-Sunan". 6. Imam Ibn Madja. He is Abdu Allah Muhammad Bnu Zeid Alqazwini. Madja is the surname of his father. He was born in 209 Hegira in Qazwin, he started to ask for knowledge when he was young. He traveled to Iraq, Hedjaz, Egypt, Damascus and to many other countries. He had learnt from many Imams of his epoch. Ibn Madja wrote many books of exegesis of the Noble Koran, Hadith and history. The most famous one is Es-Sunan. He died in Ramadan 22nd, 273 Hegira. 7. Imam Malik. He is Abdu Allah Malik Bnu Malek Al-Asbahi Al Hamiri Al-Madani, one of the skillful of Islam. He is Imam of Dar Al-Hegira (Medina). He was born in 93 Hegira in Medina. He grew up there and acquired from the great Ulemas of Ta-biîn like Imam Ibn Chihab Az-Zahri. His book Al-Muoutâ’ contains the most correct Ahadith narrated by the people of Hedjaz. In addition to these Ahadith, Malik spoke about the traditions and the lives of some Sahaba and Tabi’în. He died in the year of 179 Hegira in Medina. 8. Imam Ahmed. He is Abdu- Allah Ahmed Bnu Muhammad Bnu Hambal Esh-chibani Al Maruzi. He was born in Baghdad in 164 Hegira. He grew up and learnt knowledge there, and then he moved to Basra, Cufa, Mecca, Medinah, Yemen, Damascus and to many other countries. He wrotee many books, among them Al- Musnad. He died in Baghdad in 241 Hegira.
6.1.3 Ijmaâ. A) Its definition. Linguistically: In the Arabic language, the word “Idjmaâ” has two meanings: The first: To resolve upon something and to be determined to do it. We say: such a one agrees to travel if he is resolved upon it. Allah the Great said: «…So muster your associates and come to your united decision to scheme against me…». [Surat Yűnűs/Jonah, from the verse 71]. And His saying: «…And were of one mind that cast him into the bottom of the well…». [Surat yűsűf/Joseph, 15]. The prophet -may peace be upon him-said: «No fasting for the one who do not resolve upon fasting before daybreak». I.e. the one who is determined to fast, he has to fulfill his intention at night. The second: The agreement upon something, we say: such people resolved upon this or that thing, it means they agreed upon this or that. The Prophet- May peace be upon him-said: «My nation does not resolve unanimously upon an aberration». I.e. they do not agree upon it. This meaning is the most suitable for the definition of this word. Its deepest meaning: In the opinion of the multitude of the Ulemas, Idjmaâ means the agreement of the Muslim diligent in a given period of time, after the death of the Prophet- may peace be upon him, upon one rule among the Islamic practical rules. B) Its legitimacy. 1. From the Noble Koran. Allah the Great said: « But whoever opposes the Messenger after the guidance has become clear to him, and follows a way other than that of the believers, we will turn him over to what he has turned to, then we will roast him in Hell, an evil homecoming». [Surat An-Nissâ/The Women, 115]. The ancient books of Ussul and others stated that the first who used this verse to prove the legitimacy of Idjmaâ was Imam Echâfîi. Allah- High Exalted is He- threatens both those who contradict and oppose the Prophet, and those who deviate from the believers’ path to roast them in Hell. This implies the obligation of following the believers’ path. This obligation proves the legitimacy of Idjmaâ. Allah the Great said: «O you who believe! Obey God and obey the Messenger, and those entrusted with authority over you, but if there arises any dispute about anything, refer it to God and the Messenger, if you believe in God and the Last Day…». [Surat An-Nissâ/ The women, from the verse 59]. God- High Exalted is He- stipulates the necessity to refer to the Koran and the Sunna only if any dispute arises, and if there is none, i.e. there is an agreement on a matter, it is not obligatory to return back to the Koran and the Sunna. In fact, this is a proof on the legitimacy of Idjmaâ. 2. From the Sunna. Many Ahadith were reported from the Prophet- may peace be upon him. Those narrated Ahadith, even if they are different in form (different in the surface structure), they carry the same meaning (they have the same deepest meaning). Among them: «My nation does not resolve unanimously upon an aberration». «My nation does not agree upon a mistake ». «What is recognized by the Muslim as being good is also good for God». «Allah is with the group». «He who forsook the group and died will receive the chastisement of fire». «He who overstepped the group even a span of the hand is no longer a Muslim» These Ahadith and so many others, even though they are narrated with different words, they all carry similar meaning which is the protection of the nation from sins, and |
