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The Islamic Personality by Sheikh Taqīuddīn An-Nabahānī

48. The Status Of The Sunnah In Relation To The Qur'aan

The Sunnah is shari'ahi evidence for the decisive evidence of the prophet-hood of our master Muhammad (pbuh) and his message (risaalah), and for the decisive evidence in both transmission and denotation that He (pbuh) speaks not after His own desire, it is but a revealed revelation, and that what he warns with is only revelation from Allah Ta'ala. So the Sunnah is revelation from Allah Ta'ala, except that the revelation is the contents and meanings of the Sunnah not its words. Allah Ta'ala revealed it to Him (pbuh) and He expressed this revelation by His own words or actions or approvals i.e. silence.

The Sunnah is an evidence similar to the Book and not less then it for the established decisive evidence for it, as it is established for the Qur'aan, and the limiting (of the taking) to the Book is the opinion of the apostates, Allah Ta'ala said ُ Messenger the what take So} assigns to you, and abstain from that which He withholds you from...) 7 Surat Al Hashr, and He Ta'ala said: the obeys who He Messenger, indeed obeys Allah…) 80 Surat Al Nisaa', and he said: who beware those Let... withstand the Messenger's order, lest some trial befall them, or a grievous Punishment be inflicted on them.) 63 Surat Al Nour, and he said: a for fitting not is It...

Believer, man or woman, when a matter has been decided by Allah and His Messenger, to have any option about their decision…) 36 Surat Al-Ahzaab, and :said He ُBut no, by your Lord, they can have no (real) Faith, until they make you judge in all disputes between them, and find in their souls no resistance against your decisions, but accept them with the fullest conviction....) 65 Surat Al Nisaa', and He said If...} you differ in anything among yourselves, refer it to Allah and His Messenger...) 59 Surat Al Nisaa', and the returning to the Messenger after His death is returning to His Sunnah and Allah Ta'ala said: (Say: Obey Allah and obey the Messenger....) 32 Surat Aal Imraan, and he said: {Say: (O Mohammad SAW) If you do love Allah, then follow me Allah will love you...} 31 Surat Aal Imraan, So these decisive texts in their transmission and their denotation are explicit in obliging taking the Sunnah as taking the Kitaab, and the denier of the Sunnah is definitely kaafir, so the Sunnah must be taken as the Qur'an must be taken, similarly without any differences between them. It is not permitted to say: we have the Book of Allah, we take what is in it, because it can be understood as leaving the Sunnah, but it is inevitable to combine the Sunnah and the Kitaab, and the Messenger (pbuh) has warned us from that in His Hadeeth He (pbuh) :said It is imminence that a man resting on his couch would be told one of my Ahaadeeth, he would say: between us and you is the Book of Allah the Great and the Almighty, what we find in It as halaal we consider it halaal, and what we find in It as haraam we consider it haraam indeed it is that what the Messenger of Allah (pbuh) forbade is like what Allah forbade" Ibn :said Also He .it narrated Majah ُ"It is imminence that one of you would say: this is the Book of Allah whatever is halaal in it we consider it halaal and whatever is haraam we consider it haraam, indeed whoever denies a Hadeeth transmitted to him, he belied Allah and His Messenger and whoever transmitted the Hadeeth to him" Ibn Abd Al barr narrated it. The Sunnah adjudges the Book, because the Book may have two possibilities or more, the sunnah then comes to determine one of them so the matter will be returned to the Sunnah and what the Book seemingly necessitates will be left, Allah Ta'ala said: All (… others are lawful for you, provided ye seek (them in marriage)....) 24 Surat Al :saying His after ,'Nisaa Prohibited to you (for marriage) are: your mothers, daughters, sisters; father's sisters, mother's sisters; brother's daughters, sister's daughters; foster-mothers (who gave you suckle), foster sisters; your wives' mothers; your step-daughters under your guardianship, born of your wives to whom you have gone, no prohibition if you have not gone in; (those who have been) wives of your sons proceeding from your loins; and two sisters in wedlock at one and the same time, except for what is past; for Allah is Oft-Forgiving, Most Merciful. Also (prohibited are) women already married, except those whom your right hands possess: thus has Allah ordained (prohibitions) for you: except for these, all others are lawful, provided you seek (them in marriage)....) 23-24 Surat Al Nisaa' what shows the permissibility of all that are not mentioned, then the Sunnah came and excluded from that marrying the women over her paternal aunt or her maternal aunt, for the saying of The Messenger (pbuh): "The women is not to be married over her paternal aunt nor over her maternal aunt", Muslim narrated it. So this is leaving the seeming (dthaahir) of the Book and forwarding the Sunnah over it. The seeming of the Book could show a matter then the Sunnah comes to get it out of its seeming. Seemingly The Qur'an came with the order to take the Zakaat from all the properties, the Sunnah came and specified it for specific properties, and limited the taking of the Zakaat to those properties only, so it would not be taken from others.

In comparison with the Qur'aan, the Sunnah most generally is a clarifier for It, Allah Ta'ala said:.And We have sent down unto you the Message; that you may explain clearly to the mankind what is sent for them...) 44 Surat Al Nahl that is because the informing of the Qur'aan about the shari'ahi verdicts is mostly totally not partially, and where the informing comes as partially; it is to be taken on the total basis, and the Qur'aan in comprehensive and it can not be as such except that what is gathered in it are general matters, because the shari'ah was completed by the completion of Its descent. And because of the numerousness of the Sunnah and the multitude of its issues; It is a clarifier for the Book. All that is in the Sunnah have origins in the Book, whether It (The Book) clarifies it either in summing up or in details or in both ways the Sunnah came adjudging all that by clarifying and explaining. The Sunnah brought many verdicts that are not textually mentioned in the Qur'aan Al Kareem, but these verdicts came as supplements for origins for them mentioned in the Qur'aan, and they are a kind of clarification for what is in the Qur'aan. So the Sunnah is a clarifier for the Book.

The clarification of the Book by the Sunnah is summed up by the following:

1. Detailing Its summed up From that, is that Allah Ta'ala commanded in the Book to perform the prayer, without a clarification of its times, pillars, and the number of its prostration (Rak'ah); the Sunnah clarified that. The Messenger (pbuh) said: do pray as you see me praying" narrated by Al Bukhari. And there came in the Book the obligation of the pilgrimage (hajj), without clarifying its ceremonies (manaasik), the Sunnah clarified that, and He (pbuh) said:

Do your best to take your manaasik from me" narrated by Ahmad. And there came in the Book the obligation of the Zakaat without clarifying for which properties the obligation is, nor does it clarify the nisaab for its obligation, the Sunnah clarified that, and as such. (Specifying Its general: there are generalities in the Qur'aan and the Sunnah came to specify them, and of that, is that Allah Ta'ala commanded that the children inherit the parents the way He Ta'ala clarified in :saying His you commands Allah regarding your children's (inheritance): to the male, a portion equal to that of two females...) 11 Surat Al Nisaa', so this is general for every father got inherited and every child that inherits, the Sunnah then specified the inherited father by other then the prophets for His (pbuh) saying: "…We do not get inherited, what We left is sadaqah" Al Bukhari, Muslim and Ahmad narrated it. And the Sunnah specified the inheritor by other then the killer by His (pbuh) saying: not does killer the And... inherit anything" Abu Dawood narrated it. And of that is Allah Ta'ala's saying: {If any of you die and leave widows behind, they shall wait concerning themselves four months and ten days....) 234 Surat Al Baqarah this verse denoted the (iddah) period in which the widow may not remarry then the verse got specified by the Hadeeth of Subay'ah Al Aslamyah, when she gave birth 25 days after the death of her husband, then the Prophet (pbuh) told her that she became allowed (to remarry) so that showed that the verse is specific for the non pregnant. َِ(Limiting Its unrestricted (absolutes): There came in the Qur'aan verses that are unrestricted, so the Sunnah came and limited this unrestricting with determined restriction, and from that is His Ta'ala's saying: And do not shave your heads until the offering reaches the place of sacrifice. And if any of you is ill, or has an ailment in his scalp, (necessitating shaving), (he should) in compensation either fast, or donation, or offer sacrifice…) 196 Surat Al Baqarah, so these three: fasting, donation, or sacrifice, are confirmed indefinite, they are unrestricted words, but they became limited by the Hadeeth that Muslim narrated from the way of Ka'ab Ibn Ajrah him to said) pbuh (Prophet the that needy six to faraq one feed or head your Shave and the faraq is three saa' or fast three days or do a nusuk" so He limited the unrestricted fasting by three days, and the unrestricted donation by one faraq for six needy, and the faraq is three saa', and the unrestricted nusuk by slaughtering one female sheep.

4. Attaching a branch of the verdicts' branches to its origin which came in the Qur'aan, as this branch seems to be a new legislation, but after scrutinizing it appears to an annexation to its origin in the Qur'aan, and there is many like this: from that manner is that Allah Ta'ala mentioned (in the inheritance) the determined statutory portions and not mentioned the inheritance of the (asabaat) (relatives from the father side and the paternal cousins) except what came in His Ta'ala's saying: (Allah (thus) directs you as regards your children's (inheritance): to the male, a portion equal to that of two females…) 11 Surat Al Nisaa', and His Ta'ala's ّ:saying if they are brothers and sisters, (they share), the male having twice the share of the female…) 176 Surat Al Nisaa', which necessitate that there is no determined statutory portions obliged for the (aasib) (paternal relative) other than the children and the brothers, but he takes the remainder rafter paying the obliged inheritance, and the Messenger of Allah (pbuh) clarified this as He said: eligible their to portions statutory obliged the) pay (Attach people, then whatever remains is for the closer man" Al Bukhari narrated it. So He (pbuh) attached the aasib other than the children to the brothers and the children. The sisters also were attached to the daughters as a asabah, on the ُAswad Al of authority ًThat Muazth Ibn Jabal executed the inheritance of a sister and a daughter, while he was in Yemen, so he gave to each one of them the half, and the Messenger of Allah (pbuh) was then alive" Abu Dawood narrated it. Muazth would not issue this in the life of the prophet (pbuh) except after a daleel he knew it, and had he not know the daleel; he would not rush in the matter. And from that manner is that Allah Ta'ala forbade the gathering of two sisters (in the marriage) by Saying: gathering and two sisters in wedlock at the same time…) 23 Surat Al Nisaa', and did not mention the gathering of the woman and her paternal or maternal aunty, but the Messenger (pbuh) clarified it by His saying: َ The Messenger of Allah (pbuh) forbade marrying the women over her paternal or maternal aunty, He said: if you women do that; you will cut your (arhaam) kinships". So He attached all that to the forbiddance of gathering the two sisters (in the marriage). Also from that manner is that Allah Ta'ala said: He allows them as lawful what is pure and prohibits them from what is impure…) 157 Surat Al A'raaf, and did not mention details, then the Sunnah text provided what helps the mujtahid to know the verdicts of what seems to be from the impurities and purities and attached it to them, the Sunnah provided the prohibition of eating the meat of the donkeys, every beast prey with canine tooth, and every bird with claw, and attached them to the impurities. Ibn Abbas said: " The Messenger of Allah (pbuh) forbade every beast prey with canine tooth and every bird with claw", narrated by Muslim. Jaber َّ:said ِ" The Messenger of Allah (pbuh) forbade on the day of Khaybar the donkeys, the mules' meat's, the beast prey with canine tooth, and the birds with claws" narrated by Al Tirmizthi. The Sunnah provided the permissibility of eating the dabb lizard, the rabbit, and the like and attached them to the purities, Ibn Omar said: about) pbuh (Allah of messenger the asked man A eating the dabb lizard. He (pbuh) said I do not eat it nor do I forbid it", narrated by Muslim. Abu Hurayrah said: " a Bedouin brought to the messenger of Allah (pbuh) a rabbit that he grilled and brought with it its sinaab and adam, and put it within His hands, then the Messenger (pbuh) refrained from it and did not eat and ordered His companions to eat" narrated by Ahmad, the sinaab is a dip made from mustard and sultanas. And from that manner is that Allah Ta'ala permitted from the hunting, what is caught by trained hunting animals Lawful :Say for you are (all) pure things: and what you have taught your trained hunting animals (to catch) in the manner directed to you by Allah: so eat what they catch for you, but pronounce the name of Allah over it…) 4 Surat Al Maa'idah, accordingly we know that if the animal is not trained; its hunt is haraam because it only caught for itself, so between the two origins revolves that if the hunting animal is trained but ate from its hunt, the training necessitates that it caught for you, and its eating from it necessitates that it hunted for itself not for you so the two origins conflict each other, then the Sunnah brought the clarification for that, the Messenger (pbuh) said:If it (the trained dog) ate do not eat I'm afraid that it caught for itself ….", narrated by Muslim. Also from that manner is that Allah Ta'ala mentioned from those who are prohibited (to marry) because of their (radha'ah) breastfeeding, in His saying: who (mothers-foster your breast fed you), your foster-sisters…) 23 Surat Al Nisaa', then the prophet (pbuh) attached to these two the rest of the relatives from the breastfeeding those who are haraam (to marry) because of their kinship, like the paternal aunty, maternal aunty, the niece from the brother and sister and the likes, He " The suckling prohibits what the kinship prohibits", narrated by Al Bukhari. And from that manner is that Allah Ta'ala said:

َAnd get two witnesses, from your own men, and if there are not two men, then a man and two women, such as you choose, for witnesses…) 282 Surat Al Baqarah, so in the money issue He commanded to take the testimony of women joined with a testimony of a man, then the Sunnah attached to that the oath with the witness, as the messenger (pbuh) decreed, it is narrated on the authority of Ali (MABPWH): decreed) pbuh (prophet The after a testimony of one witness and an oath" narrated by Al Daraqutny, so the witness and the oath would have the manner as the two male witnesses, or one male and two female witnesses. On this manner the Sunnah brought many verdicts that did not come in the Book, they are new legislation but attached to their origins. That does not mean that the Messenger (pbuh) did not bring new legislation unless it is attached to it's origin in the Qur'aan, nor does it mean that every new legislation the messenger brought must be attached to its origin in the Qur'aan, but that is the majority in most cases. However, The Messenger (pbuh) may bring a new legislation not attached to its origin in The Qur'aan, but it may not have an origin in The Qur'aan. An example for this, the affirmation of the public utilities to be from among the public ownership is a new legislation The Messenger (pbuh) brought when He said: " " The Muslims are partners in three: in the pasture, the water and the fire" Abu Dawood narrated it. This is not attached to its origin in The Qur'aan. And from that is the prohibition to take the custom tax which is َ :saying) pbuh (His by affirmed َّ max imposes whoever" (custom tax) does not enter paradise" narrated by Ahmad. It is not attached to its origin in The Qur'aan. This is only few, but the majority in most cases the new legislations the Messenger (pbuh) brought are attached to their origin in the Qur'aan.

Thus we find that the Sunnah is referable to the Book, and what came in it is a kind of explanation and elucidation of the verdicts meanings of the Book, like detailing its summed-up, specifying its general, limiting its unrestricted, and attaching a branch to its origin, and in spite of that, the Sunnah has new legislation for which no origin came in the Qur'aan. So the Sunnah is clarification for the Qur'aan, and new legislation for the verdicts. As for the clarification; it is indicated by the saying of Allah Ta'ala: and We have sent down unto you (also) the Message; that you may explain clearly to menkind what is sent to them…) 44 Surat Al Nahl, and as for the new legislation; it is indicated by His Ta'ala's saying:

َ ,yourselves among anything in differ you If (…... refer it to Allah and the Messenger…) 59 Surat Al Nisaa', and the returning to Allah is by returning to His Book, and the returning to the Messenger when He was alive, then when Allah Ta'ala made Him died; the returning became to His Sunnah. The dispute in understanding the Qur'aan and deriving the verdicts is unrestricted, and the returning to the Sunnah is also unrestricted in both: what exist in the Qur'aan and what came as new legislation, therefore Allah Ta'ala said indeed he ,Messenger the obeys who He obeyed Allah…) 80 Surat Al Nisaa', and He said: (…then let those beware who withstand the Messenger's order…) 63 Surat Al Nour, and that is general, because it is an adjunct generic noun . Accordingly, the Sunnah is a shari'ahi evidence like the Book, and the Messenger of Allah (pbuh) said:I have left with you two things you will never stray if you adhere to them: the Book of Allah and the Sunnah of His Prophet" Maalik narrated it.

Reference: The Islamic Personality - Sheikh Taqīuddīn An-Nabahānī

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