Sunna's
fiqh

 

Entrance to Sunna's fikh.

 

Introduction.

The aim of this subject.

 

This topic "Sunna's Fikh" is dealt with for the following reasons:

1-To clarify and understand what was done and said by the last prophet- may peace be upon him- and because it is a great science, a lot of studies have been done to discover some of its secrets.

2-The Sunna is the second source after the noble Koran in understanding Islam.

3-To be well acquainted with the efforts of the Muslims in preserving the Sunna throughout centuries. Those persons are selected by God to protect his religion, among them figure Elboukhari and Muslim, the authors of "Essahih". Etermidi, Enissai, Ibn Madja and Abou Dawud, the authors of "Assunane". Ahmed, the author of "Elmoussnade". Malik, the author of "Elmowata".

All of them worked on the purification of the prophets saying's and doing's and checked whether these statements are true or are just slanders .This happened after the appearance of some conspirators who wanted to spoil the Sunna. Those persons did not pay attention and were not afraid of the prophet's saying: «The one who tells lies on purpose concerning my sayings and doing wins a seat in hell». Those conspirators' intention was just to spread disorder and doubt among the believers.

The well informed religious men did their best to make an end to this kind of persons and to resist their temptations. It was said to Imam Abdou Allah Ibn Elmoubarek about these Ahadith that have no relation with the prophet's ones i.e. those which are put by the corrupt and the vicious, he replied "those are let for the knowledgeables". In fact those competent men who have great knowledge on religions issues had worked hard on uprooting the Ahadith which have no basis. They had put specific regulations for the sake of protecting the Sunna. Ibn Salah counted 65 regulations and Imam Essiouti counted 93. They were agreed on the fact that the Hadith which has no reference is not accepted. The Hadith must be ascribed to the Sahaba and than to the prophet may peace be upon him. In this context, Abdu-Allah Ibn Elmobarek said "reference should be based on religion, otherwise it will be a chaos; each one says what he wishes to say".

4-The Sunna points out all the necessary details that the Muslim needs in his life as his belief and faith, his worship and his behaviour.

 

First: the definition of the Sunna.

A. Linguistically.

Sunna in general is defined as being the habitual actions and practices bad they are or good, and the way people behave in their daily lives. The prophet may peace be upon him said: «the one who takes a virtue from Islam and behaves according to it will be rewarded and will receive the reword of all whose who worked upon it. And the one who takes a vice from Islam and behaves according to it will be punished and will receive the punishments of all those who worked upon it »

In the language of the Sahaba (may God be pleased with them) the Sunna with the definite article "the" means all what the prophet did and said in his life.

 

b- Conventionally

1. By the scientists of Sunna's origin.

The Sunna is all what is resulted from the prophet, may peace be upon him, his sayings, his doings or his acknowledgements.

a-The sayings: they are all the statements and the Ahadith that are said by the prophet, may peace be upon him. For instance his saying «all the deeds depend on the intention…»

b-The doings: they are all the activities and the actions that the prophet did. For example the way he did his prayer and his pilgrimage.

c- The acknowledgements: They are the actions and the sayings that the prophet saw or heard from the Sahaba and accepted or admitted them as being true. He, may peace be upon him, never accepted injustices and unfairness. Here is an example about this. Two of the Sahaba traveled and when the time of prying had come, they had no water but a little to form their ablution. So, they resorted to Tayamum by using the pure soil. Tayamum is a substitute for ablution (wudu). It is done when someone is ill or when there is no water…etc, and before the time of prying was over, they found water. One of them formed his ablution and repeated his salat (prayer) and the other did not. When the prophet, may peace be upon him, heard this, he said to the first: «you are rewarded twice» and he said to the second: «you attained the Sunna».

2. According to the Muhdithin (those who are interested in the study of Hadith):

The Sunna is all what is ascribed to the prophet, may peace be upon him, a statement, an act, an acknowledgement, a quality or a conduct).

This definition is similar to the one above mentioned, but it has two additions: quality and conduct. It means all that is related to the prophet's physical qualities such as his length, his shape, his smile and his moral character. Aicha, the prophet's wife (may God be pleased by her) said: "His moral character is Koran" For this reason, the Almighty Allah praised him, He said: «you surely have a great morality» (The Pen, 4).

3. For the knowledgeables (Fukaha):

The word Sunna has tow meanings:

A. what is complementary to duty (fardhe), as to fast for six days in Chawal after fasting for the whole Ramadan.

b. what is innovative, as divorce, for example.

Divorce, according to the prophet's Sunna, can be only once within the same setting, and it stipulates that the woman must not be in her waiting period (Idda). It is the bleeding from the woman's womb that happens each month).Contrary to this, there is the innovative divorce which is contradictory to the Sunna. It permits the divorce even if the woman is menstruating.

 

Second:  its evidence.

1-From the noble Koran:

The Almighty Allah said: «…Take what the messenger has given you, and what he has forbidden, refrain from it…» (The Gathering, 7).

He also said: « O, believers, obey Allah and obey the messenger » (The Women, 59)

2-From the Sunna:

The prophet, may peace be upon him said «I let you tow things, you will never be lost as far as you stick to them: Allah's Book (Koran) and my Sunna».

When the prophet sent Mouadh Ibn Djabal to Yemen, he asked him how he is going to judge. He replied: I judge according to Allah's Book. The prophet said «what to do if it is not mentioned in the Book of Allah? » Mouadh answered: so I work according to the prophet' Sunna. The prophet said: « and if it is not mentioned in the prophet Sunna? ». He replied: I will do my best and I let no effort to be lowered. Mouadh said: then, and the prophet beat me on my chest and said: «thanks be to Allah who guided the messenger of his messenger to what pleases Allah and his messenger».

3-Unanimity among Sahaba: All the Sahaba are agreed on the fact that Sunna is the second source after the noble Koran in legislation.

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