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

The Sunnah can be applied in five ways:

A. Sunnah can explain a word which is not explained in the Qur‟an For example, the Qur‟an says:

“Establish the Salah” (TMQ Al-Baqarah: 43)

The Qur‟an does not explain or provide any details regarding the term, “Establish the Salah.” However, the Sunnah explains the details pertaining to the term “Establish the Salah.” The Messenger of Allah (saw) says:

“Pray as you see me pray” The Messenger (saw) used to observe people pray and would correct them in the areas of the Salah where they made mistakes. The issue of explanation and clarification also extends to the rules of Hajj, Zakah, Jihad, and others. In summary, the Qur‟an may mention a term without providing any details, but Sunnah plays the role of explaining these terms.

B. Qur‟an mentions a general term, which could be applied to any person, while the Sunnah further specifies the term and forms another rule.

For example, the Qur‟an says:

“The man and woman who commit Zina, flog each of them with one hundred lashes.” (TMQ An-Nur: 2)

This rule can be applied to any male or female who is found guilty of Zina. However, the Messenger (saw) stoned married men and women who committed Zina. Thus, in this case, he (saw) singled out the married man and woman and gave them the rule of stoning to death for Zina.

As an example, Muslim extracted in his Sahih on the authority of Ibnu Omar that the Messenger of Allah (saw) stoned to death a Jewish man and a Jewish woman for committing adultery.

C. A rule may be mentioned in the Qur‟an without any restrictions, but the Sunnah places restrictions on the rule.

For example, the Qur‟an says:

“The male and female thief, cut their hands” (TMQ Al-Ma‟ida: 38)

There is no restriction placed on this rule in the Ayah, which simply states that anyone found guilty of stealing should have his hand cut. However, the Sunnah places certain restrictions on the application of this punishment. Some of which are that the stolen property must equal a Nisab, which amounts to one quarter of a Dinar in gold. Also, the property must be stolen from a place where such property wealth is usually kept.

It has to be kept under average protection, which is relevant to the people and the property itself. For example, if the jewellery is left in the open instead of a locked up place, then the one who steals it will not have his hand cut off, even though the action is still Haram. Another example is if the sheep or horses are not kept in a barn or stable, then stealing will not call for the implementation of the Hadd, even though stealing them is Haram.

D. An original rule in the Qur‟an, which is explained, has neither restrictions nor exceptions, but the Sunnah adds new items to the original rule.

For example, the Qur‟an says:

“Forbidden to you are your mothers, daughters, paternal and maternal aunts, nieces, foster mothers and sisters, mothers-in-law, and step daughter....” (TMQ An-Nisa: 23)

The Sunnah added that: “No woman can be married to a man who is already married to her sister or her maternal / paternal aunt.” (Bukhari & Muslim)

Men are also prohibited from marrying the women who breast-fed them. Thus, the Sunnah adds extra items to the Qur‟anic rule.

E. A rule originating from the Sunnah and not the Qur‟an.

For example the Messenger (saw) said:

“People are partners in three things. The water, the graze (kela), and the fire (includes power resources).” (Abu Dawud)

This Hadith established rules related to public ownership of the natural resources in the Islamic State. The topic of public ownership in the State was never explicitly addressed in the Qur‟an.