Understanding Usul Al-Fiqh by Abu Tariq Hilal - Abu Ismael al-Beirawi

Linguistically abrogation means canceling (Izaalah) or changing the thing and transforming it from one state to another while it still exists in essence.

Technically, it is the address (Khitaab) of the legislator which prevents the continuation of a Hukm Shar‟i of a previous address (Khitaab).

As for the term abrogator (Naasikh) it may refer to Allah (swt):

“Whatever a Verse (revelation) do We abrogate.” (TMQ Al-Baqarah: 106)

Or it may refer to an Ayah: Thus, we say the „Ayah of the sword‟ (At-Tawbah: 29) abrogated so and so Ayah.

As for the abrogated (Mansookh) it is the Hukm which has been lifted, like the Hukm which obliges paying the Sadaqah in front of the Messenger (saw) in the confidence of the Messenger (saw), the Hukm of bequests for hiers, the Hukm of waiting for complete year in respect to the widow. In abrogation the Hukm abrogated must be Shar‟i and the evidence which indicates the lifting of the Hukm must be Shar‟i and come after the address whose Hukm has been abrogated.

Allah (swt) has informed us of the occurrence of abrogation and the Ahkam which have been abrogated show us its true occurrence.

“Whatever a Verse (revelation) do We abrogate or cause to be forgotten, We bring a better one or similar to it. Know you not that Allah is able to do all things?” (TMQ Al-Baqarah: 106)

“And when We change a Verse in place of another, and Allah knows the best of what He sends down, they (the disbelievers) say: you (O Muhammad [saw]) are but a liar. Nay but most of them know not.” (TMQ An-Nahl: 101)

Sheikh Ata ibn Khalil Abu al-Rashta in his excellent book „Teyseer al wusool Ila al-Usul‟ (To make understanding Usul easy) lists the following types of abrogation:

“O you who believe! When you (want to) consult the Messenger (Muhammad [saw]) in private, spend something in charity before your private consultation. That will be better and purer for you. But if you find not the means for it, then verily, Allah is oft forgiving, Most Merciful. Are you afraid of spending in charity before your private consultation with him? If then you do it not, and Allah has forgiven you, then (at least) perform Salat and give Zakat and obey Allah and His Messenger. And Allah is All-Aware of what you do.” (TMQ Al-Mujadallah: 12-13)

This is an abrogation of giving charity before consulting the Messenger (saw) in private.

The ratio of steadfastness goes from 1-10 to 2-10:

“O Prophet (Muhammad [saw])! Urge the believers to fight. If there are twenty steadfast persons amongst you, they will overcome two hundred, and if there be a hundred steadfast persons they will overcome a thousand of those who disbelieve, because they (the disbelievers) are people who do not understand.”(TMQ Al-Anfal: 65)

“Now Allah has lightened your (task), for He knows that there is weakness in you. So if there are of you a hundred steadfast persons, they shall overcome two hundred…” (TMQ Al-Anfal: 66)

The abrogation of facing Al-Quds to facing the Ka‟bah in Makkah:

“Verily! We have seen the turning of your (Muhammad [saw]) face towards the heaven. Surely We shall turn you to a Qiblah (prayer direction) that shall please you, so turn your face in the direction of al-masjid al-haraam. And whosesoever you people are, turn your faces in prayer in that direction.” (TMQ Al-Baqarah: 144)

In the beginning of Islam it was obligatory to confine women who have committed fornication to houses and punish them as a Hadd for committing zina. This has been abrogated by the Hukm which is well known:

“And if they testify, confine them (i.e. women who have committed fornication) to houses until death comes to them or Allah ordains for them some (other) way. And the two persons among you who commit illegal sexual intercourse, punish them both. And if they repent (promise Allah that they will never repeat, ie commit illegal sexual intercourse and other similar sins) and do righteous good deeds, leave them alone.” (TMQ An-Nisa:15 -16)

Another example is the abrogation of the fast of „„Ashura for the fast of Ramadhan.

„Aisha (ra) narrated that; in the time of Jahiliyyah the Quraysh used to fast the day of „„Ashura. And the Messenger (saw) used to fast on this day as well. When the Messenger (saw) went to Madinah he fasted on this day and instructed the people to fast as well. When Ramadhan became obligatory, he (saw) said:

“Whosoever wishes to fast on this day let him fast and whosoever wants let him leave it.” (Bukhari & Muslim)

It is important to know what is abrogated, is the Hukm and not the recitation, this is what has been proven. Thus we can see the abrogation of the Hukm of the one year „Iddah period and the abrogation of bequests by parents. As for the two Ayat which have been abrogated, they are still recited and this is the case for the rest of the abrogated Ayat. As for the abrogation of recitation, such a case is not to be found. The absence of this type of abrogation is an evidence to say it is not allowed.

As for the Ahadith mentioned regarding this subject they are all Ahad (singular) narrations which cannot be relied upon in matters of „Aqeedah.

First: Abrogation of the Qur‟an with Qur‟an:

The abrogation of giving Sadaqah before private consultation with the Messenger (saw).

Similarly, the one year‟s „Iddah has been changed to 4 months and 10 days.

Allah (swt) said:

“And those of you who die and leave behind wives should bequeath for their wives a year's maintenance and residence without turning them out, but if they (wives) leave, there is no sin on you for that which they do of themselves, provided it is honourable. And Allâh is All-Mighty, All-Wise.” (TMQ Al-Baqarah: 240)

He (swt) said:

“And those of you who die and leave wives behind them, they (the wives) shall wait (as regards their marriage) for four months and ten days…” (TMQ Al-Baqarah: 234)

The same goes for the Ahkam mentioned previously.

Second: Abrogation of the Sunnah by Sunnah.

This is when one Mutawaatir abrogates another Mutaawatir, an Ahad (singular) narration is abrogated by Mutawaatir or an Ahad is abrogated by another Ahad narration. Like the Ahadith of the Prophet (saw):

“I used to forbid you from visiting the graves, now you should visit them.” (Muslim, Tirmidhï, Abu Dàwud & al-Nasa‟i)

“If he drinks the fourth time (after being punished each time) then kill him.”4

“I used to forbid you from storing away the sacrificial meat because of the large crowds. Now you may store it as you wish.” (Bukhari & Muslim)

Third: Abrogation of Sunnah by the Qur‟an:

The Hukm of facing Al-Quds was abrogated by the Qur‟an:

“…so turn your face in the direction of al-Masjid al-haraam.” (TMQ Al-Baqarah: 144)

Also, having sexual intercourse at night was Haram for the one who fasted during the day according to the Sunnah. This was abrogated by the following saying of Allah (swt):

“So now have sexual relations with them…”(TMQ Al-Baqarah: 187)

The fast of „Ashura was established by the Sunnah but abrogated by the Qur‟an with the obligation to fast in Ramadhan.

Similarly, it was allowed to delay the prayer in the thick of battle according to the Sunnah. That is why the Messenger (saw) said on the day of Khandaq after delaying the Salah:

“May Allah fill their graves with Fire‟ as they prevented him from praying the Salah.” (Muslim, Ahmad & Abu Ya‟la)

This was abrogated by the Salat-ul-khawf (the Salah of fear) which was mentioned in the Qur‟an: “When you (O Messenger Muhammad [saw]) are among them, and lead them in as-salah (the prayer)…” (TMQ An-Nisa: 102)

Fourth: It is not allowed to abrogate the Hukm established by Ijma.

This is because for a Hukm to be established by Ijma means a Hadith has not been narrated about it even though the Sahabah knew the Hadith but did not report it. They mentioned the Hukm without narrating the hadith. So for a Hukm to be established by Ijma means that there is no text for it in the Kitab and Sunnah, therefore, there is no possibility for a text to abrogate a Hukm established by Ijma.

Fifth: Abrogating the Hukm of Qiyas.

Abrogation does not occur in Hukm of Qiyas at all. This is because the recognised Qiyas is where its „Illah is Shar‟i one i.e. it is the reason of the Hukm whether it is explicit (Sareeh), implicit, deduced or through analogy. Such an „Illah is taken from a Daleel, either from the Qur‟an, Sunnah or Ijma as-Sahabah. The Qiyas remains as long as there is a daleel. It is not possible for abrogation to take place with regards to a Hukm deduced through analogy as long as the original matter exists. However, if the original matter is abrogated then there will be no Qiyas since the „Illah ceases to exist. However, in such a case it would not be abrogation of the Hukm of Qiyas, rather it would be abrogation of the Hukm established by the Kitab, Sunnah and Ijma.

Sixth: It is not allowed for the Kitab to be abrogated by the Mutawaatir Sunnah.

Although the Mutawaatir Hadiths are Qata‟i (definite) they cannot abrogate the Qur‟an for the following reasons:

1. Allah (swt) says:

“And when We change a verse in place of another.” (TMQ An-Nahl: 101)

This means changing a Hukm established by an Ayah abrogates a Hukm established by another Ayah.

2. Allah (swt) says:

“Whatever a Verse (revelation) do We abrogate or cause to be forgotten, We bring a better one or similar to it.” (TMQ Al-Baqarah: 106).

The personal pronoun (We bring) refers to Allah (swt) i.e. the one who abrogates the Ayah is Allah (swt) and we know the Sunnah was brought by the Messenger (saw). This is because the wording of the Sunnah belongs to the Messenger (saw) and the wording of the Qur‟an belongs to Allah. Even though the meaning of the Kitab and Sunnah are both revelations from Allah (swt), however the Sunnah is ascribed to the Messenger (saw) in terms of speech and the Qur‟an is the speech of Allah (swt). Thus, the Hukm of an Ayah is abrogated only by another Ayah.

3. Allah (swt) says:

“And We have also sent down unto you (O Muhammad [saw]) the reminder and the advice (the Qur‟an), that you may explain clearly to men what has been sent down to them.” (TMQ An-Nahl: 44)

So the Messenger (saw) explains the Ayat that have been revealed but he does not abrogate them. This is because abrogation means lifting the Hukm and not giving a clear explanation (bayaan) of the Hukm.

For all of these reasons the Mutawaatir Sunnah cannot abrogate Qur‟an.

So by greater reason (Min Bab awla) the Qur‟an cannot be abrogated by the Ahad (singular narrations) of the Sunnah. As in addition to what we have said about the Mutawaatir Sunnah the singular narrations are Dhanni (speculative) and the definite (Qata‟i) cannot be abrogated by the speculative (Dhanni). However a hadith may specify a rule mentioned in the Quran such as the specification of lashing for the unmarried fornicator as the Sunnah stipulates stoning for the married adulterer.

Similarly, the Mutawaatir Sunnah cannot be abrogated by the Ahad (singular) narrations of the Sunnah, because the Mutawaatir is stronger than the Ahad. The definite report is not removed by the speculative report.

As for those who say turning from the direction of al-Quds for the Salah was established by the Mutawaatir Sunnah. This is because the people of Quba used to pray towards al-Quds based on the Mutawaatir Sunnah but when this was abrogated when a caller sent by the Messenger of Allah (saw) came and announced that the Qibla had changed. So they turned towards the direction of the Ka‟ba based on his report and the Messenger (saw) did not object. The answer to this claim is that the abrogation of facing al-Aqsa was through the Qur‟an as it was mentioned previously and the caller was only informing them of what had happened i.e. he informed the people about a new Hukm Shar‟i.