Lecture Notes 4_usul Fiqh

GT20302

USUL FIQH/ISLAMIC JURISPRUDENCE The Second Source of Shariah: The Sunnah

11/21/09

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Contents 1. 2. 3. 4. 5. 6. 7.

Introduction Proof-Value (Hujjiyyah) of Sunnah Classification 1 Classification 2 Classification 3 Classification 4 Self Study

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Introduction • Introduction: -Literally, sunnah means a clear path or a beaten track but it has also been used to imply normative practice, or an established course of conduct. -In pre-Islamic Arabia: used the word ‘Sunnah’ in reference to the ancient and continuous practice of the community which they inherited from their forefathers. 11/21/09

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Introduction -Opposite: bid’ah or innovation. -To the ulema of Hadith, Sunnah refers to all that is narrated from the Prophet, his acts, his sayings and whatever he has tacitly approved plus all the reports which describe his physical attributes & character.

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Introduction -The ulema of jurisprudence: exclude the description of the physical features of the Prophet from the definition of Sunnah. -The ulema of Usul Fiqh: refers to a source of the Shariah and a legal proof next to the Quran. -The ulema of Fiqh: refers to a Shar’i value which falls under the general category of ‘mandub’. 11/21/09

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Sunnah = Hadith?

What the differences between Sunnah and Hadith?

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Proof-Value (Hujjiyyah) of Sunnah -the ulema are unanimous to the effect that Sunnah is a source of Shariah and that in its rulings with regard to halal and haram it stands on the same footing as the Quran. -Sunnah: is a proof (hujjah) for the Quran, testifies to its authority and enjoins the Muslim to comply with it.

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Proof-Value (Hujjiyyah) of Sunnah - His acts and teachings that are meant to establish a rule of Shariah constitute a binding proof. - All the rulings of the Prophet, especially correspond with the Quran and corroborate its contents, constitute binding law.

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Classification 1 -the Sunnah is divided into three types: 1) verbal (qawli), 2) actual (fi’li), 3) tacitly approved (taqriri). 1) The Verbal Sunnah -consist of the sayings of the Prophet on any subject.

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Classification 1 2) The Actual Sunnah -consists of his deeds and actual instructions, such as the way he performed the ‘salah’, or the transactions he concluded such as sale and giving loans, etc.

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Classification 1 3) The Tacitly Approved Sunnah -consists of the acts and sayings of the Companions which came to the knowledge of the Prophet and of which he approved. -may be inferred from his silence and lack of disapproval or from his express approval and verbal confirmation.

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Classification 2 -from the viewpoint of the continuity and completeness of their chains of transmitters, the Hadith are once again classified into two categories:1) continuous(muttasil). 2)discontinued(ghayr muttasil/mursal).

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Classification 2 - Continuous Hadith:one which has a complete chain of transmission from the narrator all the way back to the Prophet. -Discontinued Hadith:chain of transmitters is broken and incomplete. - The majority of ulema have divided the Continuous Hadith into the three varieties of Mutawatir, Mashhur and Ahad.

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Classification 2 1) Mutawatir -means continuously recurrent. In the present context, it means a report by an indefinite number of people related in such a way as to preclude the possibility of their agreement to perpetuate a lie. -Such a possibility is inconceivable owing to their large number, diversity of residence and reliability. 11/21/09

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Classification 2 2) The Mashhur (Well-Known) Hadith -defined as a Hadith which is originally reported by one, two or more Companions from the Prophet or from another Companion but has later become wellknown and transmitted by an indefinite number of people.

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Classification 2 • -the diffusion of the report should have taken place during the first or the second generation following the demise of the Prophet, not later-mean that the Hadith became widely known during the period of the Companions or the Successors.

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Classification 2 3) The Ahad (Solitary Hadith) -also known as Khabar al-Wahid. Hadith which is reported by a single person or by odd individuals from the Prophet. -Imam Shafi’i: every report narrated by one, two or more persons from the Prophet but which fails to fulfil the requirement of either the Mutawatir or the Mashhur. 11/21/09

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Classification 2 • Discontinued Hadith -this is a Hadith whose chain of transmitters does not extend all the way back to the Prophet. -it occurs in three varieties: Mursal, Mu’dal and Munqati’.

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Classification 2 1) Mursal -defined as a Hadith which a Successor(tabi’i) has directly attributed to the Prophet without mentioning the last link, namely the Companion who might have narrated it from the Prophet.

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Classification 2 2) Mu’dal -is a Hadith in which two consecutive links are missing in the chain of its narrators. 3) Munqati’ -a Hadith whose chain of narrators has a single missing link somewhere in the middle. 11/21/09

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Classification 3 •

The Sunnah, according to the reference to a particular authority is divided into four types: 1) Hadith al-qudsi 2) Hadith al-marfu’ 3) Hadith al-mauquf 4) Hadith al-maqtu’ * Refer to the table 11/21/09

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Classification 4 •

Classification based on the degree of their reliability or the quality of the Sunnah. Four categories: 1) Sahih (sound) 2) Hasan (good) 3) Dhaif (weak) 4) Maudu’ (fabricated, forged) * Refer to the table 11/21/09

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SELF STUDY • 1) 2) 3) 4) 5) 6)

Six books of the Sunnah that can be regarded as the most authentic collection of Sunnah, namely: The Sahih of al- Bukhari The Sahih of Muslim The Sunan of al-Nasa’i The Sunan of Abu Daud The al-Jami’ of al-Tirmizi The Sunan of Ibn Majah

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Thank you very much for your attention Best wishes to you in your endeavours and may God bless you. 11/21/09

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