How does An-Naskh take place in respect to the Kitaab and the Sunnah
1 – The Naskh of the Qur’aan by the Qur’aan:
Example:
Al-Mansookh (the abrogated): The Hukm of the steadfastness of one of the Muslims before ten of the enemy in battle. Allah Ta’Aalaa said:
If there are twenty steadfast from you then you will overcome two hundred (Al Anfaal 65).
An-Naasikh (the abrogating): The Hukm of the steadfastness of one of the Muslims before two of the enemy in battle. Allah Ta’Aalaa said:
Now Allah has lightened for you and He has known that there is weakness amongst you. So if there are one hundred from you who are steadfast they will overcome two hundred (Al-Anfaal 66).
2 – The Naskh of the Sunnah by the Qur’aan:
Example:
Directing the prayer to Bait ul-Maqdis was abrogated by the Qur’aan with the speech of Allah Ta’Aalaa:
So turn your face toward al-Masjid al-Haram. And wherever you [believers] are, turn your faces toward it [in prayer] (Al-Baqarah 144).
3 - The Naskh of the Sunnah by the Sunnah:
Example:
It is permissible for the Sunnah Al-Mutawaatirah to be abrogated by the Sunnah Al-Mutawaatirah, Al-Aahaad by Al-Mutawaatir and Al Aahaad by Al-Aahaad. Examples of this include the statement of the Messenger (saw): “I had forbidden you from visiting the graves but (now) visit them” (Ad-Daaru Qutniy 259/4) and his statement (saw): “I had only forbidden you (previously) for the sake of travellers but now store (the meats) and give it in charity” (Al Bukhaari and Muslim)
That which it is not permissible for An-Naskh to occur in
1 – It is not permissible to abrogate an established Hukm by Al Ijmaa’.
This is because the established Hukm by Al-Ijmaa’ came after the death of the Messenger (saw) and was therefore after the cessation of the Wahi (revelation). There is therefore no text from the Kitaab or the Sunnah after the end or cessation of the Wahi.
2 – It is not permissible to abrogate the Kitaab by the Sunnah.
This is because Allah Ta’Aalaa says:
And when We substitute a verse in place of a verse (An-Nahl 101).
And He Ta’Aalaa says:
We bring better than it or like it (Al-Baqarah 106).
The Sunnah is not the same as the Aayaat and it is not better than the Qur’aan or like it. It has also been soundly reported from ‘Umar Ibn Al-Khattaab (ra) that he said: “We do not leave the Kitaab of Allah and the Sunnah of our Nabi for the statement of a women whom we don’t know whether she has told the truth or lied”.
3 – It is not permissible to abrogate the Sunnah Al-Mutawaatirah by the Khabar Al-Aahaad.
This is because the Sunnah Al-Mutawaatirah is Qat’iy Ath-Thuboot whilst the Khabar Al-Aahaad is Zhanniy Ath-Thuboot and the Zhanniy cannot abrogate the Qat’iy because the Qat’iy is higher than it.
4 – It is not permissible to abrogate a Hukm of Al-Qiyaas.
The Qiyaas (analogy) which is Mu’tabar (considered/valid) is the Qiyaas which its ‘Illah (reason) is from the Qur’aan or the Sunnah. The Qiyaas remains as long as the Asl (origin) remains and if the Asl is abrogated then there is no Qiyaas. For this reason, An-Naskh (abrogation) does not occur in Al-Qiyaas at all and the occurrence of the abrogation of Qiyaas cannot been envisioned to happen whilst the Asl (origin) remains because the Hukm is present within the Asl.