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

The relationship of the Sunnah to the Qur’aan and its related categories

The Qur’aan and the Sunnah are both Wahi from Allah and we have been commanded to follow what Allah Ta’Aalaa has revealed whether it was revealed as the Qur’aan or as the Sunnah. Allah Ta’Aalaa said:

O you who have believed, obey Allah and obey the Messenger and those in authority among you. And if you disagree over anything, refer it to Allah and the Messenger, if you have believed in Allah and the Last Day (An-Nisaa’ 59).

And Allah Ta’Aalaa said:

And whoever obeys the Messenger has then (indeed) obeyed Allah (An-Nisaa’ 80).

And He Ta’Aalaa said:

But no, by your Lord, they will not [truly] believe until they make you, [O Muhammad], judge concerning that over which they dispute among themselves and then find within themselves no discomfort from what you have judged and submit in [full, willing] submission (An-Nisaa’ 65).

The divisions/categories (Aqsaam) of the Sunnah in relation to the Qur’aan

The Sunnah came to explain and make clear the Qur’aan (Bayaan). Allah Ta’Aalaa said:

And We revealed to you the message that you may make clear to the people what was sent down to them (An-Nahl 44).

This Bayaan (explanation and clarification) is manifested as follows:

1 – Providing the Tafseel (detail) to the Mujmal (undetailed) in the Qur’aan:

An example of this is that Allah Ta’Aalaa commanded the performance of the Salaah by His speech Ta’Aalaa:

And establish (perform) the Salaah (An-Noor 56).

This came without a Bayaan (explanation) of its precise timings, Arkaan (pillars), the number of its Raka’aat and the manner of how to perform it. As such the Sunnah explained these matters in detail through the statements and actions of the Messenger (saw) who said:

Pray as you see me pray (Al-Bukhaari)

The same applies in respect to the Zakaah, the Hajj and the other actions.

2 – Takhsees (the specification) of the ‘Aamm (general) of the Qur’aan:

An example of this is the Qawl of Allah Ta’Aalaa:

The female fornicator (Zaaniyah) and the male fornicator (Zaani), lash each one of them with one hundred lashes (An-Noor 2).

This is ‘Aamm (general) in respect to every Zaan (fornicator). The action of the Messenger (saw) and his speech then came and specified this Aayah to the Zaani who is not Muhsin (i.e. married). As for the Zaani who is Muhsin then he is stoned until death. This is due to the action of the Messenger (saw) when he stoned Maa’iz and Al Ghaamidiyah and due to his Qawl (statement): “The blood of a Muslim person is not Halaal except in one of three (circumstances); the married Zaani (adulterer), the life for the life and the one who left his Deen and separated from the Jamaa’ah”.

3) Taqyeed (restricting) the Mutlaq (unrestricted) of the Qur’aan:

An example of this is the Qawl of Allah Ta’Aalaa:

And the male thief and female thief, cut off their hands (Al-Maa’idah 38).

This is Mutlaq (unrestricted) to every type of theft and every thief and so the Sunnah came and restricted the theft through the speech (Qawl) of the Messenger (saw) in the Hadeeth narrated by Al Bukhaari and Muslim in which he (saw) says: “Do not cut the hand of the thief except in (the case of) a quarter of a Deenaar or above”. It also has to be taken from a safe place of keeping (Hirz) amongst other restrictions that the Sunnah has brought in relation to the obligation of cutting the hand of the thief.

4) To attach a branch from amongst the Furoo’ (branches) of the Ahkaam that has been found in the Sunnah with its Asl (origin) found in the Qur’aan:

An example of this is the Tahreem (prohibition) of combining two sisters in marriage:

And that you combine two sisters (in marriage) (An-Nisaa’ 23).

The Messenger of Allah (saw) attached to that the Tahreem (prohibition) of combining in marriage between a woman and her Khaalah (maternal aunt) and a woman and her ‘Ammah (paternal aunt). This came in his Qawl (saw): “Do not marry a woman upon her ‘Ammah and not upon her Khaalah” (Agreed upon).

In respect to this, it is hard to find a Hukm that the Sunnah has brought except that it has an ‘Asl (origin) in the Qur’aan Al-Kareem whether this connection was close or distant. This opinion was transmitted from Ash-Shaafi’iy in his ‘Ar-Risaalah’ and Ash-Shaatibi affirmed it after him in his ‘Al-Muwaafaqaat’. Consequently, in respect to the Aayah:

We have not neglected (overlooked) anything in the Book (Al-An’aam 38).

And the Aayah:

And we have sent down upon you the Book as an explanation for everything (or matter) (An-Nahl 89).

These two Aayaat indicate with a Qat’iy Dalaalah (definite indication) that the Qur’aan comprises the Usool (fundamentals and bases) of all of the Sharee’ah. The Sunnah is then explanatory to it and there is no Hukm (legal ruling) that does not have an Asl (origin) in the Qur’aan. As for what is said in respect to the Hukm of the prohibition related to the domesticated (tamed) donkeys (Al-Humur Al-Ahliyah) and the predatory beasts and that they have no Asl (origin) in the Qur’aan, then verily Allah Ta’Aalaa said:

And he makes Halaal for the them the Tayyibaat (good things) and makes prohibited upon them the Khabaa’ith (bad things) (Al-A’araaf 157).

This Aayah has been argued to be representative of the Asl (origin) for every prohibited or permissible matter.

Reference: Al-Waadih Fee Usool ul-Fiqh - Muhammad Hussein Abdullah

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