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The Qur’aan itself announces that it was revealed to reform human conditions. Islaam did not erase all pre-Islamic customs and practices. Instead, it removed every facet of corruption and cancelled all customs which were harmful to the society. Consequently, Islamic legislation forbade interest because it takes unfair advantage of the less fortunate members of society; fornication was forbidden due to its exploitation of women and the destruction of family bonds; and alcohol was prohibited because of the physical, psychological and spiritual damage which it inflicts on both the individual and society as a whole. Trade practices were reformed by making the basis of trade mutual consent, and by disallowing all deceptive business transactions. The existing system of marriage was organized by confirming certain forms and prohibiting others which were, in fact, fornication of something close to it. The basis of divorce was also recognized, but its pronouncements were limited.
Because Islaam did not come to destroy human civilization, morals and customs, in order to build on it a new civilization with new morals and customs, it looked at everything from the perspective of human welfare; what was harmful was removed and what was beneficial was confirmed.
Allaah says in the Qur’aan:
“It commands them to do righteousness and prohibits them from evil, and it makes allowable to them the good things and makes and makes forbidden to them all filth.” (25)
Islaam is fundamentally system of building and not one of destruction as its goal is reformation and not merely control and government. It should be noted, however, that Islaam’s confirmation of some Arab customs does not mean that it has taken its laws and principles from other sources, nor does it mean that those practices which it confirmed are not a part of divine law. Whatever Islaam confirmed is considered an integral part of the divine code for the following reasons: a) Some of the practices were inherited from earlier generations to which prophets had been sent. A good example of this is Hajj which was instituted by prophet Abraham and Ishmael.
b) Islamic principles do not contradict human reason nor are they unintelligible. Instead they free the human intellect from irrationality. Consequently, they recognize the useful results of human intellectual activity.
c) If the confirmed practices were not present, Islaam would have instituted them due to the existing human need for them.
Nevertheless, the number of confirmed practices were, in fact, quite few in proportion to the many which were cancelled. And, further-more, even the title that was confirmed was not kept in its existing form. Only its foundation remained untouched.26 In order for Islamic legislation to achieve its goal of reformation, it has enacted a series of legal commandments and prohibitions, which make up the rules of conduct governing the social system of Islaam. However in the enactment of laws, the Qur’anic revelations have taken into consideration the following four basic principles:
The system of Islaam has been revealed for man’s benefit. It provides him with guidance in all walks of life in order to ensure for him a righteous lifestyle within a just society committed to the service of God. Islamic laws are not meant to be a burden, creating difficulties for man in order for him to grow spiritually, as some systems may claim, They are designed to facilitate mankind’s individual and societal needs.
As such, among the pillars on which Islaam is based is the removal of unnecessary difficulties wherever possible.
Evidence to support the fact that Islamic law is based on the concept of removal of difficulty can be found throughout the Qur’aan. The following verses from the Qur’aan are only a few examples:
“Allaah does not burden a soul with more than it can bear.” 27
“Allaah wishes for you ease and He does not wish difficulty for you.” 28
“He did not make any difficulty for you in the religion.” 29
“Allaah wishes to lighten the burden for you, for man was created weak.” 30
Because of this principle, Allaah has enacted along with the divine laws a variety of legal concessions, like the permission to break fast, and shorten and join prayers during travel. More over, the consumption of prohibited substances (e.g., pork and alcohol) in cases of dire necessity was also permitted.
“But if anyone is forced by hunger, with no inclination to transgression, Allaah is indeed Oft-forgiving, Most Merciful.” 31
The Prophet (s.w.), who was the prime example of how Islamic law was to be implemented, was himself described as always choosing the easier path whenever a choice was given to him between two possible paths, as long as the easier path was not sinful.32 He was also reported to have said to some of his followers on the occasion of their dispatchment/ departure as governors of Yemen, “Make things easy (for the people) and do not make them difficult.”33 Islamic legal scholars unanimously consider this concept an indisputable fundamental principle followed by God in the enactment of laws. Consequently, in their implementation of the divine laws, they have deduced many secondary laws on this basis. 34
A number consequence of the previous principle is that the total number of legal obligations should be relatively few.
Accordingly, the prohibited acts and substances in Islamic legislation are quite few in comparison to those which are allowed by direct command or by the absence of any command of prohibition. This principle can be clearly seen in the method by which the Qur’aan deals with prohibitions and permissions. In the case of prohibitions, the sub-categories are named and listed, while in the case of permissions, a general allowance is given due to the great number of categories included in it. For example, with regard to women with whom marriage is forbidden, Allaah states,
“Prohibited to you are your mothers, your daughters, your sisters and your aunts…”35
After completing the prohibited categories, Allaah says,
“Except for these, all others are lawful, provided you seek them in marriage with a dowry and not for fornication.” 36
As for foods, the forbidden categories are also listed in detail.
The Qur’aan states,
“Forbidden to you (for food) are: animals which die of themselves, blood, pork, animals slaughtered in the name of others besides Allaah, animals killed by strangulation, or a blow, or a fall, or by being gored…”37
On the other hand, in regard to the permissible foods, Allaah states,
“On this day all good things are made lawful for you. The food of the people of the Book is lawful to you and your food is lawful to them…”38
Furthermore, in spite of the fact that the things which have been forbidden are quite few in comparison to those which have been permitted, the sin of one who is forced to take forbidden substances has also been lifted, as was mentioned previously. Allaah states this concession in a number of places in the Qur’aan. For example:
“But if anyone is forced by necessity, without willful disobedience, nor transgressing due limits, there is no sin on him. For Allaah is oft-forgiving, Most Merciful.”39
It is also worth nothing that the laws, on the whole, do not contain so many details as to create difficulty for those who wish to strictly follow the teachings of the Qur’aan. Among the verses of the Qur’aan which indicate the existence this principle is the following:
“Oh you who believe, do not ask about things which, if made plain for you, will cause you trouble. But if you ask about them plain to you. Allaah has exempted them. And Allaah is oft-Forgiving, Most Gentle.”40
The prohibited questions concern issues about which Allaah has chosen to enact prohibitions due to their questions.
And, if they did not ask about them, they would have been left with a choice between doing them and not doing them.
Included in this category is the Prophet’s (s.w.) response to repeated question concerning whether Hajj was compulsory every year.41 He said, “If I sad yes, it would have become compulsory. Leave me alone concerning things which I have left up to you, for certainly those before you were destroyed because of their many unnecessary questions and their arguments and disagreements with their prophets.”42 In another narration, he was reported to have said, “If I have prohibited you from doing something, avoid it totally. But, if I command you to do something, do as much of it as you can.”43 He was also reported to have said, “The Muslims who have committed the gravest offense against Muslims are those who asked about things which were not prohibited, because of their questions.”44 A good Example of limitation of details can be found in the Qur’anic treatment of business transactions. The laws in this regard have not at all been detailed. Instead, general precepts suitable for all circumstances have been legislated.
For example, Allaah states:
“Oh you who believe, fulfil your contracts.” 45
“Allah has made trade lawful and prohibited interest.” 46
“Oh you who believe, do not eat up you properties amongst yourselves unfairly. But there should be trade by mutual good-will.” 47
Because the laws of Islaam were primarily enacted for the general good of all mankind, the Prophet (s.w.) was a universal prophet sent to all people till the end of time . Allaah stated that in the Qur’aan in no uncertain terms:
“We have not sent you but as a universal messenger to mankind, giving them glad tidings and warning them (against sin), but most people do not realize it.”48
“Say, ‘Oh mankind, I an the messenger of Allaah to all of you.’”49
The existence of abrogation within Islamic legislation is among the manifestations of human welfare considerations in Islamic legislation. God may prescribe a law suitable to people at the time of its enactment, or it may serve a particular limited purpose.
However, its suitability may later disappear or its unique purpose may have been achieved. In such circumstances, the need for the law ceases to exist and its validity becomes cancelled. The following are only a few of many such examples which may be found recorded in both the Qur’aan and the Sunnah.50 Bequest (Waseeyah): In pre-Islamic Arab culture, his children inherited the property of the decease, and parents would only inherit if a bequest were made.51 Thus, in the early stages of Islaam, Allaah made the writing of a bequest for parents and relatives compulsory, in order to teach the new community of Muslims the importance of family rights with regard to their wealth.
“It is prescribed that when death approaches any of you, if he leaves behind any goods. That he make a bequest to parents and next of kin, according to what is reasonable. This is due from the pious.” 52
However, after the community willingly accepted this law and they began to strictly put it into practice, Allaah replaced it by revealing in the Qur’aan a clearly defined system of inheritance laws. And the Prophet (s.w.) further confirmed the abrogation of the old laws by stating, “Surely Allaah has given everyone with a right (to inheritance) his right, so there should be no bequest for inheritors.”53 Mourning Period: The widow’s mourning period was originally a full year, and it was compulsory for her husband to leave in his will provision for maintenance and housing during that whole period the Qur’aan states:
“If any of you die and leave widows behind, a bequest of a year’s maintenance and residence should be made for their widows. But it they leave the residence, there is no blame on you for what they do with themselves, provided it is reasonable. And Allaah is exalted in power, wise.” 54
Then the waiting period was reduced to four months and ten days.
“If any of you die and leave widows behind, they shall wait concerning themselves four months and ten days. When they have fulfilled their term, there is no blame on you if they dispose of themselves in a just and reasonable manner. And Allaah is well acquainted with all that you do.”55
And the bequest was cancelled by the verses on inheritance which stipulated a specific portion for widows: one quarter of all the inheritance if she did not have any children, and one eight if she had children.
Fornication: Originally, the punishment for the crime of fornication and adultery, as well as other sex crimes like homosexuality, was the confinement and punishment of offenders in their homes until they became repentant and sought to reform themselves.
“If any of your women are guilty of sex crimes, take the evidence of four witness from amongst you against them. And if they testify, confine them to houses until death claim them, or Allaah ordain for them another way. If two men among you are guilty of sex crimes, punish them both; but if they repent and make amends, leave them alone. For Allaah is Oft-returning, Most Merciful.” 56
This law was later abrogated in the Qur’aan by the setting of a particular exemplary punishment.
“Flog the woman and man guilty of fornication one hundred lashes. And, if you believe in Allaah and the Last Day, do not let compassion move you in their case for it is a matter decided by Allaah. And let a group of the believers witness the punishment.”57
Furthermore, the Prophet (s.w.) applied the punishment of stoning to death for those who committed adultery58 and set the death penalty for homosexuals without specifying the method.59 A review of the abrogated verses indicates that the early law may be replaced by a more severe law, as in the case of the law for fornication which changed from confinement and punishment to lashes or stoning to death; or it may be replaced by a less severe law as in the case of the mourning period for widows; or it may be replaced by a similar but more suitable law. At any rate, in all cases, the abrogated law was suitable for the time and circumstances under which it was revealed. When the situation changed, a new law was enacted in order to realize Allaah’s intent in the earlier legislation.
Were it not for the situation of the Muslim community earlier, the abrogating law would have been enacted from the beginning. For Example, in the case of the widow who was at first required to wait in her deceased husband’s house in mourning for the period of one year during which she could not get married, it was the custom of the Arabs to confine widows and prevent them from marriage for indefinite periods, lasting from a year to the remainder of their lives.
And, during the period of confinement, they were obliged to wear their worst clothes.60 If the waiting period were reduced to four months and ten days along with the permission for them to leave their houses if they wished, the early Muslims would have had great difficulty in accepting it. Consequently, a year of mourning was set along with the cancellation of the confinement and the obligation of maintenance. Shortly after they had accepted the change and adjusted to it, the new law was revealed reducing the period of mourning.
Thus, abrogation contained in it consideration for human conditions and their welfare during the era of the prophet hood which ended with the death of the Prophet (s.w.), for there can be no abrogation after his time.61 Legislative consideration of human welfare after the era of prophet hood can be found in the fact that Islamic laws were enacted for reasons, many of which were clearly mentioned.
The following verses of portions of verses from the Qur’aan are among the many cases where the purposes for the enactment of laws were explained:
“Oh you who believe, fasting has been prescribed for you as it was prescribed for those before you in order that you may be conscious of God.” 62
“Take some charity from their wealth to purify them and make them grow (spiritually)…” 63
“Satan’s plan is to incite enmity and hatred between you, with intoxicants and gambling, and prevent you from the remembrance of Allaah and from prayer. Will you not then give it up?” 64
“Oh you who believe, fasting has been prescribed for you as it was prescribed for those before you in order that you may be conscious of God.” 62
“Take some charity from their wealth to purify them and make them grow (spiritually)…” 63
“Satan’s plan is to incite enmity and hatred between you, with intoxicants and gambling, and prevent you from the remembrance of Allaah and from prayer. Will you not then give it up?” 64
The Prophet (s.w.) often made mention of the rationale behind his legal pronouncements. For example, in the case of the abrogation of the prohibition of visiting graveyards, he was reported to have said, “I had forbidden you from visiting the graveyards, however, permission has been given to me to visit the grave of my mother. So, visit them, for they do remind one of the next life.”65
The explanation of the reasons for laws indicates that the presence of absence of laws depends on the existence or nonexistence of their causes. If the benefit for which the law was enacted continuous, then the law is continuous; but if it has changed due to a change in circumstances, the law must also change; otherwise there would not be any benefit in its continued existence. On the basis of this principle, ‘Umar ibn al-Khattaab cancelled the distribution of the portion of Zakaah assigned for the encouragement of non-Muslims to accept Islaam which the Prophet (s.w.) used to give out. As he explained, the need for their encouragement existed during the time when Islaam was on the rise and in need of support, however, in his time the Islamic state was already firmly established.
Legislative consideration of human needs can also be found in the methodology of legislation. In the case of laws wherein human benefit will not change with time or conditions, Allaah has spelled out the details very clearly. For example, in the case of religious rites, family laws of marriage, divorce and inheritance, laws against crimes whose harm will not change with the passage of time, like murder, fornication and adultery, theft, and slander. As for things whose benefit or harm may vary from place to place, Allaah has legislated general laws of universal benefit, which may be implemented by those in authority according to human needs.
Examples of this category can be found in the laws concerning business transactions and the structuring of the society. For example, Allaah said, “Oh you who believe, obey Allaah and obey the Messenger, and those in authority among you.”66
The Prophet (s.w.) himself was reported to have said, “If a maimed Abyssinian slave is appointed over you and he conducts your affairs according to the Book of Allaah, you should listen to him and obey (his orders).”67 Legislative consideration can also be found in the giving of precedence to the general welfare over individual benefit, and to the prevention of a greater harm over a similar one.68 A good example of such a principle can be found in Islaam’s confirmation of the almost universal practice of plural marriage (polygyny). Islaam limited the maximum number of wives to four and outlined the responsibilities of those involved. Although sharing a husband may be painful to most women, the need for plural marriage in most societies evidenced by the corruption which results from its official prohibition demand its legislation. Therefore, for the general welfare of both men and women, Islaam recognized limited polygyny thereby giving precedence to the good of society over that of the individual woman. 69
Islamic legislation considers all humans the same with regards to their obligation to submit to the divine laws and in their responsibility for breaking them. The laws mentioned in the Qur’aan are all general, making no distinction between one group or another.
“Allaah has enjoined justice and righteousness.” 70
“Allaah commands you to return your trusts to whom they are due, and when you judge between one man and another, that you judge justly.” 71
“Oh you who believe, stand out firmly for Allaah as witnesses to fair dealing. And do not let the hatred of a people cause you not to be just. Be just: for it is closer to piety, and fear Allaah for verily Allaah is well aware of whatever you do.” 72
During the era of the prophet hood, a woman from the powerful tribe of Makhzoom stole some jewelry and confessed to the crime when the case was brought before the Prophet (s.w.). Her tribesman wanted to avoid the shame of having the Qur’anic punishment applied to her, so they asked Usaamah ibn Zayd who was close to the Prophet (s.w.) to intercede on her behalf. When Usaamah approached the Prophet (s.w.), he became very angry with him and said, “Do you dare to intercede in one of Allaah’s fixed punishment?” He then called the people together and delivered a sermon in which he said, “The people before you were destroyed because they let the nobles go when they stole, but applied Allaah’s fixed punishment on the weak when they stole. By Allaah, if my own daughter, Faatimah, stole I would cut off her hand.”73
Islamic law during the stage of foundation was derived from revelation, either in the form of the Qur’aan or the Sunnah. The term Sunnah refers to the statements and actions of Prophet Muhammad (s.w.), as well as the statements and actions of others done in his presence which did not meet his disapproval. The Sunnah is considered the second source of revelation based on Allaah’s statement in the Qur’aan, “He does not speak from his desires. Verily it is inspiration which has been revealed.”74.
The Prophet (s.w.) was given the job of conveying the final message of God to mankind.
“Oh messenger, convey what has been revealed to you from your Lord.”75. And he was also given the responsibility of clarifying for mankind God’s intent in the message.
by an act, and yet other times he would do so by both. For example, the Qur’aan commanded the believers to establish regular Salaah (formal prayer) without describing how Salaah should be performed, so the Prophet (s.w.) prayed among his followers then told them, ‘Pray as you have seen me pray.”77 On another occasion, while he was praying a man came and greeted him, so he raised his right hand in response.78 His wife ‘Aa’eshah reported that when he made Sujood (prostration) in Salaah, he would keep his heels together.79 On yet another occasion, he passed by Ibn Mas’oud praying with his left hand on his right, so he removed it and placed his right hand on his left.80 He was also reported to have said, “if any of you makes Sujood, he should not kneel as the camel does. Let him place his hands (on the ground) before his knees.”81 Thus, the Sunnah was an exposition of the Qur’aan by which its generalities were clarified and its intended meanings specified.
Consequently, everything in the Sunnah is addressed in the Qur’aan, either by inference or by direct reference. The address may be so general as to include the whole Sunnah as in the case of the verse: “We have revealed the Reminder (Qur’aan) to you, in order that you explain to mankind what was revealed to them, that perhaps they may reflect.”76 Sometimes the Prophet (s.w.) would explain the intent of the Qur’anic texts by making a statement, at other times he would do so “Whatever the messenger gives you, take it; and whatever he forbids you, leave it.”82.
Or the address may indicate generally defined laws, the details of which are left to the Sunnah. Hence, the Sunnah may explain may explain the methodology, reasons, requirements and location, or it may explain the inclusions, which could not be logically deduced. An example of such inclusions may be found in the case of forbidden foods beyond those mentioned in the Qur’aan.
Allaah does state in reference to the Prophet (s.w.):.
“He made lawful for them the good (and pure) things and forbade them the bad (and impure).”83.
Anas ibn Maalik said, “on the day of the Battle of khaybar, a visitor came and said, ‘Oh messenger of Allaah, the donkeys have been eaten’ Then another came and said, ‘Oh messenger of Allaah, the donkeys are being destroyed.’ Allaah’s messenger (s.w.) then sent Abu Talhah to Make an announcement: Allaah and His Messenger have prohibited you from eating the flesh of domesticated donkeys, for it is bad (and impure).”84.
Or the address may indicate general principles from which the Prophet (s.w.) may deduce rulings. Such rulings may be confirmed by Allaah if correct, or corrected by Allaah if incorrect.
Among what appears to be confirmed deduced rulings is the case of marriage to a woman and her maternal or paternal aunt. The Qur’aan forbids marrying a woman and her daughter or the simultaneous marriage of two sisters, then says, “Except for these, all others are lawful…”85.
However, Abu Hurayrah reported that Allaah’s Messenger (s.w.) said, “One should not combine a woman and her father’s sister in marriage, or a woman and her mother’s sister.”86 This ruling may have been deduced because the reason for prohibiting the combination of a woman and her daughter or two sisters, is present in the combination of a woman and her aunt. For, among the narration’s of this statement of the Prophet (s.w.) is the explanatory addition, “If you do that, you will break family ties.” That is, in the same way that the sanctity of the relationship between sisters, or a mother and her daughter, would be destroyed by the spirit of rivalry found between co-wives, it would also be destroyed between a woman and her aunt.
Among the examples of deduced rulings which were not confirmed is that of the Dhihaar divorce. Khawlah bint Tha’labah said, “My husband, Aws ibn as-Saamit, pronounced the words: You are to me like my mother’s back. So I came to Allaah’s messenger to complain against my husband. However, the messenger of Allaah disagreed with me and said, ‘Fear Allaah. He is your cousin.’ I continued complaining until the verse was revealed: “Allaah has indeed heard the statement of the woman who disputed with you concerning her husband and carried her complaint to Allaah, and Allaah hears your discussion. Surely Allaah hears and sees all things. If any men among you declare their wives like their mothers (Dhihaar), they cannot be their mothers. None can be their mothers except those who gave birth to them.
They use bad words and falsehood…”87.
The Prophet (s.w.) had accepted Dhihaar as being a valid form of divorce and had told khawlah to accept it, however Allaah declared it invalid.
There also exists another category of unconfirmed deduced rulings which demonstrate that the Sunnah is limited to confirmed religious rulings and exclude personal habits and customs of the Prophet (s.w.) which he did not instruct his followers to follow.
Raafi’ ibn Khadeej reported that Allaah’s Messenger (s.w.) came to Madeenah and found the people grafting their date-palm trees. He asked them what they were doing and they informed him that they were artificially pollinating the trees. He then said, “Perhaps it would be better if you did not do that.” When they abandoned the practice, the yield of the date palms becomes less. So they informed him and he said, “I am a human being. So when I tell you to do something pertaining to the religion accept it, but when I tell you something from my personal opinion, keep in mind that I an a human being.” Anas reported that he added, “you have better knowledge (of technical skills) in the affairs of this world.”88 The Prophet (s.w.) further informed his followers that even in the case of legal judgements with regard to disputes brought before him, he could unintentionally rule incorrectly, as some of such decisions were based on his own opinion. Umm Salamah reported that Allaah’s Messenger (s.w.) said, “I am only a human being, and you bring your disputes to me. Perhaps some of you are more eloquent in their plea than others, and I judge in their favor according to what I hear from them. So, whatever I rule in anyone’s favor which belongs to his brother, he should not take any of it, because I have only granted him a piece of Hell.”89 Such decisions based on personal reasoning represented training for the companions of the Prophet (s.w.) in the methodology of application of the Sharee’ah. It taught them that a judge is not held responsible if he makes a mistake in judgement due to factors beyond his control.
And, in order to further emplasize this important point, the Prophet (s.w.) also said, “whoever makes a reasoned decision (Ijtihaad) and is correct will receive two rewards, while he who does so and is incorrect will receive one reward.”90 However, such decisions have to be based on knowledge, for the messenger of Allaah (s.w.) also said, “There are three types of judges; one who will go to paradise and two who will go to Hell. The one in paradise is the man who knows the truth and judges according to it. The man who knows the truth and is unjust in his judgement will be in Hell. And the man without knowledge who makes judgement for people will also go to Hell.91 The Prophet (s.w.) also encouraged his companions to make legal rulings in order to prepare them to carry on the application of the Sharee’ah after he left them.
‘Alee ibn Abee Taalib said, “Allaah’s messenger (s.w.) sent me to Yemen as a judge, so I asked, ‘Oh messenger of Allaah! You are sending me and I am young, and I have no knowledge of giving judgement?’ He replied, ‘Allaah will guide your heart and keep your tongue firmly (attached to the truth). When two litigants sit before you, do not decide until you have heard what the other has to say the way you heard the first, for it is more suitable for the correct judgement to become clear to you.’ ”92 Abu Sa’eed al-Khudree was reported to have said, “The QuraydHah tribe surrendered on the condition that it would be Sa’d ibn Mu’aadh who would pass judgement on them, so the Messenger of Allaah (s.w.) sent for him. When Sa’d approached the Masjid riding on a donkey, Allaah’s messenger (s.w.) said to the Ansaar (Muslims of Madeenah), ‘Stand up to receive you chief.’ And he said to Sa’d, ‘These people have surrendered accepting your decision.’ Sa’d said, ‘Execute their warriors and take their women and children as prisoners.’ On hearing that the Prophet (s.w.) said, ‘You have judged according to Allaah’s judgement.’ ”93 The process of arriving at reasoned decisions to suit new circumstances and the decisions themselves are referred to as Ijtihaad. As has been seen, both the Prophet (s.w.) and his companions practiced Ijtihaad during this stage in the development of Islamic law. However, it should be noted that the Ijtihaads of the Prophet (s.w.) which occurred during this period are not considered an independent source of law, because their validity depended on divine revelation for confirmation. Thus, the Ijtihaads of the Prophet (s.w.) were essentially a means of giving the companions lessons in the methods of Ijtihaad, and the Ijtihaads of the Sahaabah, at its early stage, were basically for practice.
1. Islamic law in this early period consisted of the laws of Sharee’ah which were revealed and recorded in the Qur’aan and the Sunnah. They relate mainly to the ideological foundation of Islaam, Eemaan, and the socio-economic laws necessary for the organization of the fledgling Muslim state.
2. The basis of legislation in the Qur’aan was that of human reformation, as such, beneficial human customs and practices were recognized and incorporated into the body of divine legislation.
3. In order to achieve the goal of reformation, Qur’anic legislation incorporated the principles of: a) Removal of difficulty b) Reduction of religious obligations c) Realization of public welfare d) Realization of universal justice.
4. This period marked the beginning of the evolution of Fiqh and it was during this period that the foundations for the science of deducing laws from the Qur’aan and the Sunnah were laid by the Prophet (s.w.).
5. It might be said that in this period the first Madh-hab (school of legal thought) took shape as the Prophet (s.w.) guided and trained the Sahaabah in Ijtihaad.
24 Taareekh at-Tashree’ al-Islaamee, pp. 34-5.
25 Soorah al-A ‘raaf (7): 157.
27 Soorah al-Baqarah (2): 286. 28 Soorah al-Baqarah (2): 185. 29 Soorah al-Hajj (22): 78. 30 Soorah an-Nisaa (4): 28. 31 Soorah al-Maa’idah (5): 4. 32 Reported by ‘Aa’eshah ans collected by al-Bukhaaree (Sahih Al-Bukhari (Arabic-English), vol.4, p.491, no.760), Muslim (Sahih Muslim (English Trans.), vol. 4, p. 1246, no. 5752) and Abu Daawood (Sunan Abu Dawud (English Trans.), vol. 3, p. 1341, no. 4767).
33 Reported by Abu Burdah and collected by al-Bukhaaree (Sahis Muslim (Arabic-English), vol. 5, pp. 441-3, no. 630), and Muslim (Sahih Muslim (English Trans.), vol. 3, p. 944, no 4298). Muslim also collected it from Abu Moosaa (no.4297) and Anas ibn Maalik (no. 4300).
34 Taareekh at-Tashree’ al-Islaamee, pp. 19-20 and al-Madkhal, pp. 85-89. 35 Soorah an-Nissaa (4): 23.
36 Soorah an-Nissaa (4): 24. 37 Soorah al-Maa’idah (5): 3. 38 Soorah al-Maa’idah (5): 5. 39 Soorah al-Baqarah (2): 173.
40 Soorah al-Maa’idah (5): 104. 41 Taareekh at-Tashree’ al-Islaamee, pp. 20-1. 42 Reported by Abu Hurayrah and collected by Muslim (Sahih Muslim (English Trans.), vol.2, p. 675, no. 3095).
43 Reported by Abu Hurayrah and collected by Muslim (Sahih Muslim (English. Trans.), vol. 4, pp. 1256, no. 5821).
44 Reported by ‘Aamir ibn Sa’d and collected by Muslim (Sahih Muslim (English Trans.), vol. 4, p. 1257, no. 5821).
45 Soorah al-Maa’idah (5): 1. 46 Soorah al-Baqarah (2): 275. 47 Soorah an-Nissaa (4): 29. 48 Soorah an-Nissaa (4): 29.
49 Soorah al-A’raaf (7): 158.
51 See Sahih Al-Bukhari (Arabic-English), vol. 4, p.6, no. 10. 52 Soorah al-Baqarah (2)” 53 Reported by Abu Umaamah and collected by abu Daawood (Sunan abu Dawud (English Trans.), vol.2, p. 808, no. 2864), at-Tirmidhee, anNasaa’ee, Ibn Maajah and Ahmad, and authenticated (Saheeh) by alAlbaanee in Saheeh Sunan Abee Daawood, vol. 2, p. 218, no. 1721.
54 Soorah al-Baqarah (2): 240. 55 Soorah al-Baqarah (2): 234.
56 Soorah an-Nisaa (4): 15&16. 57 Soorah an-Noor (24): 2. 58 Reported by ‘Ubaadah ibn as-Saamit and Ibn ‘Abbaas and collected by Muslim (Sahih Muslim (English Trans.), vol. 3, p. 911, no, 4192 and p. 912 no. 4194).
59 Reported by Ibn ‘Abbaas and collected by Abu Daawood (Sunan Abu Dawud (English Trans.), vol, 3, p. 1245, no. 447) and authenticated in Saheeh Sunan Abee Daawood, vol, 3, p.844, no, 3745.
60 Reported by Zaynab bint Salamah and collected by al-Bukhaaree (Sahis Al-Bukhari (Arabic-English), vol. 7, pp. 190-2, no. 251).
62 Soorah al-Baqarah (2): 183. 63 Soorah a t-Tawbah (9): 103. 64 Soorah al-Maa’idah (5): 94. 65 Reported by Abu Hurayrah and Buraydah and collected by Muslim (Sahih Muslim (English Trans.), vol. 2, pp. 463-4, no. 2130 & 2131) and atTirmidhee.
66 Soorah an-Nisaa (4): 59. 67 Reported by Yahyaa ibn al-Husayn and collected by Muslim (Sahih Muslim (English Trans.), vol. 3, p. 1, no. 1021).
69 See plural Marriage in Islaam, (Riyadh: International Islamic Publishing House, 2nd ed., 1987), pp. 1-9, for a more detailed exposition of this point. 70 Soorah an-Nahl (16): 90. 71 Soorah an-Nisaa (4): 58. 72 Soorah al-Maa’idah (5): 9.
73 Reported by ‘Aa’eshah and collected by al-Bukhaaree, Muslim (Sahih Muslim (English Trans.), vol.3,pp.909-10, no. 4187), and Abu Daawood (Sunan Abu Dawud (English Trans.), vol. 3. 1218, no. 4360 74 Soorah an-Najm (53): 3 & 4. 75 Soorah al-Maa’idah (5): 67. 76 Soorah an-Nahl (16): 44. 77 Collected by al-Bukhaaree (Sahih Al-Bukhari (Arabic-English), vol. 1, p.
345, no. 604).
78 Collected by Abu Daawood (Sunan Abu Dawud (English Trans.), vol. 1.
P. 236, no. 927) and authenticated in Saheeh Sunan Abee Daawood, vol. 1, p. 174 no. 820.
79 Collected by al-Bayhaqee, al-Haakim and Ibn khuzaymah and authenticated by Mustafa al-A’dHamee in Saheeh Ibn Khuzaymah (Beirut: al-Maktab al-Islaamee, 1st ed., 1978), vol. 1,p. 328, no. 654, and by alAlbaanee in Sifah Salaah an-Nabee, (Beirut: al-Maktab al-Islaamee, 14th ed., 1987), p. 109.
80 Collected by Abu Daawood (Sunan Abu Dawud (English Trans.), vol. 1.
P. 194, no. 754) and authenticated in Saheeh Sunan Abee Daawood, vol. 1, p. 144 no. 686.
81 Collected by Abu Daawood (Sunan Abu Dawud (English Trans.), vol. 1.
P. 215, no. 839) and authenticated in Saheeh Sunan Abee Daawood, vol. 1, p. 158 no. 746.
82 Soorah al-Hashr (59): 7. 83 Soorah al-A’raaf (7): 157. 84 Collected by Muslim (Sahih Muslim (English Trans.), vol. 3, p.1072, no.4778).
85 Soorah an-Nisaa (4): 24.
86 Collected by al-Bukhaaree (Sahih Al-Bukhari (Arabic-English), vol.
7,p.p.34, no. 45), Muslim (Sahih Muslim (English Trans.), Vol. 2, pp. 79- 10, no. 3268) and Abu Daawood (Sunan Abu Dawud, (English Trans.), vol.2, p.551, no.2061).
3 Soorah al-Mujaadalah (58): 1-3 87 Collected by Abu Daawood (Sunan Abu Dawud (English Trans.), vol. 2.
P. 598, no. 2208) and authenticated in Saheeh Sunan Abee Daawood, vol. 2, pp. 417-8.
88 Reported by Raafi’ ibn Khadeej and Anas, and collected by Muslim (Sahih Muslim (English Trans.), vol. 4, p. 1259, no. 5831 &5832).
89 Collected by Abu Daawood (Sunan Abu Dawud (English Trans.), vol. 3.
P. 1016, no. 3576) and authenticated in Saheeh Sunan Abee Daawood, vol.
2, p. 684 no. 3058.
90 Reported by ‘Amr ibn al-‘Aas and collected by al-Bukhaaree (Sahih AlBukhari (Arabic-English), vol. 9.p. 330, no.450) and Abu Daawood (Sunan Abu Dawud (English Trans.), vol. 3. pp. 1013-4, no. 3567).
91 Reported by Buraydah and collected by Abu Daawood (Sunan Abu Dawud (English Trans.), vol.3, p. 1013, no. 3566) and authenticated in Saheeh Sunan Abee Daawood, vol, p. 682, no. 3051.
92 Collected by Abu Daawood (Sunan Abu Dawud (English Trans.), vol. 3.
P. 1016, no. 3576) and authenticated in Saheeh Sunan Abee Daawood, vol.
2, p. 684 no. 3057.
93 Collected by Muslim (Sahih Muslim (English Trans.), vol. 3, p. 966, no.4368
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