Al-Waadih Fee Usool ul-Fiqh by Muhammad Hussein Abdullah

The ‘Ulamaa differed in respect to the Hujjiyah (evidential validity) of the Qawl of the Sahaabiy. They did not differ absolutely and the following are some details related to this:

1 – The Qawl of the Sahaabiy in respect to that which has no text (Nass) for it from the matters of the Shar’iyah that are not understandable by the ‘Aql, was considered to be a Hujjah by the ‘Ulamaa and obligatory to be worked with or utilised in accordance to the view of the Jumhoor (majority). They reason this opinion of theirs by stating that the Sahaabiy must have heard it from the Messenger (saw). The Ahnaaf presented examples of that including that which was narrated from the mother of believers ‘Aa’ishah (ra): “The pregnancy does not remain in the stomach of the mother for more than two years”.

2 – The Qawl of the Sahaabiy upon which agreement has taking place over it is considered to be a Hujjah Shar’iyah because it represents an Ijmaa’ of the Sahaabah. Similarly, the Qawl of the Sahaabiy for which opposition is not known is regarded to be from the Ijmaa’ As-Sukootiy which also represents a Hujjah Shar’iyah for those who uphold Ijmaa’ As-Sukootiy.

3 – The Qawl of the Sahaabiy is not considered to be binding upon a Sahaabiy like him. That is because we have seen the Sahaabah (rah) differing in matters amongst themselves in the case where the opinion or Ijtihaad of one of them was not made binding upon the other.

4 – The Qawl of the Sahaabiy about a Ra’y (opinion) and Ijtihaad:

This is in which difference has taken place. Does it represent a Hujjah for those who come after them or not?

The following are the opinions of the ‘Ulamaa in respect to that:

A – The opinion of the Sahaabiy emanating from a Ra’y and Ijtihaad was considered by some of the ‘Ulamaa as a Hujjah and this included Al-Imaam Maalik, his followers and the majority of the Ahnaaf in addition to Ar-Raaziy and Ash-Shaatibiy.

Those who held this view used the Adillah (evidences) related to the Hujjiyah (legal validity) of Ijmaa’ As-Sahaabah to support it. This included the Qawl of Allah Ta’Aalaa:

B – As for the Mu’tazilah, some of the Mutakallimeen, Ash-Shaafi’iy, Ahmad Bin Hanbal, Al-Aamadiy and Ash-Shawkaaniy, then they held that the Madh’hab of the Sahaabiy is not legally valid as a Daleel.

They used evidences for their argument which included that the Sahaabiy is a Mujtahid just like any other Mujtahid where it is possible for him to be right or make an error. The opinion of the one like this cannot be binding and as for the praise and commendation of the Sahaabah that has been mentioned in the Aayaat and the Ahaadeeth then they represent a Daleel for the Hujjiyah of their Ijmaa’ (consensus) and not a Daleel for the Hujjiyah of the opinion of one from amongst them and his Madh’hab (i.e. host of opinions attributed to him).

Ash-Shaafi’iy said in his book ‘Al-Umm’: “If it is not within the Kitaab and the Sunnah, we have gone to the statements of the companions of the Messenger of Allah (saw) or one from amongst them. Then it was to the opinion of Abu Bakr, ‘Umar or ‘Uthmaan when Taqleed has become most preferred or likable to us. That is if we have not found an indication in the difference that guides to the closest difference from the Kitaab and the Sunnah in order to follow the opinion that has alongside it an indicated meaning (Dalaalah)”.

The speech of Ash-Shaafi’iy here indicates that he takes by way of the Kitaab and the Sunnah and then what the Sahaabah have held a consensus upon (Ijmaa’). As for what they have differed upon then he takes from their opinions the one which is most strongly connected to the Kitaab and the Sunnah. Then if the strongest is not apparent he takes that which the rightly guided Imaams acted upon.

Ash-Shawkaaniy has said in his book ‘Irshaad Al-Fuhool’ in respect to the Madh’hab As-Sahaabiy:

“The Haqq (truth or correct view) is that it is not a Hujjah (valid proof) because Allah Ta’Aalaa did not send to this Ummah except our Nabi Muhammad (saw) and we do not have other than a single Messenger and single Kitaab (book) and all of the Ummah has been commanded to follow His Kitaab and the Sunnah of His Nabi. There is no difference between the Sahaabah and those who came after them in respect to that, as all of them are Mukallifeen with the Takaaleef Ash-Shar’iyah (legally responsible for the implementation of the Shar’iyah responsibilities) and following the Kitaab and the Sunnah. Therefore, the one who says that the Hujjah is established in the Deen of Allah ‘Azza Wa Jalla by other than the Kitaab of Allah and the Sunnah of His Messenger (saw) and what returns back to these two (sources) then he has said something in respect to the Deen of Allah that has not been proven and he would have established something in regards to this Islamic Sharee’ah as a Shar’a that Allah had not commanded and this is a mighty matter and great statement (to make)”.