My Opinion In Respect To Shar’u Min Qablinaa
The Shar’u Min Qablinaa is not a Shar’a for us and it is not considered to be from the Adillah Ash-Shar’iyah. The Daleel for that is the Kitaab, the Sunnah and the Ijmaa’ As-Sahaabah.
1 - As for the Kitaab:
Allah (swt) has said:
Verily, the Deen with Allah is Islaam (Aali ‘Imraan 19).
And He (swt) said:
And whoever seeks a Deen other than Islaam, it will never be accepted of him, and in the Hereafter he will be from the losers (Aali ‘Imran 85).
And Islaam is the Deen that Allah (swt) revealed upon Muhammad (saw).
The meaning of the first Aayah is that the Deen that is considered to be acceptable to Allah after the sending of the Messenger Muhammad (saw) is the Deen of Islaam.
And the meaning of the second Aayah is that whoever embraces a Deen other than the Deen of Islaam after the sending of Muhammad (saw) then Allah will not accept that from him and he will be from amongst the losers in the hereafter. This is supported by the fact that the Nasraaniy (Christian) and Yahoodiy (Jew) are addressed by the Sharee’ah of Islaam and commanded to leave their Sharee’ahs. In addition, Christianity and Judaism after the sending of Muhammad are considered to be Kufr (disbelief) and their adherents Kuffaar (disbelievers). This indicates that the Shar’u Min Qablinaa is not a Shar’a for us and indeed it indicates that it is Haraam to follow the Shar’u Min Qablinaa.
Allah (swt) said:
And to each of you we provided a Shir’ah (path/law) and Minhaaj (method) (Al-Maa’idah 48).
This means that the Sharee’ah of Muhammad (saw) is not the previous Sharaa’i and that the previous Sharaa’i are not the Sharee’ah of Muhammad because they are not his Shir’ah and Minhaaj in the case where every Messenger has a Shir’ah and Minhaaj. This is therefore a Daleel that he and his Ummah are restricted to adhering to the Sharee’ah of Islaam and not to any other Sharee’ah.
2 – As for the Sunnah:
Jaabir (ra) related that the Messenger of Allah (saw) said:
I have been given five (matters) that no one had been given before me: Every Nabi was sent to his people specifically whilst I have been sent to every red and black (i.e. everyone) (Al-Bukhaari and Muslim)
Here the Messenger (saw) is informing us that every Nabi before him was sent to his people or nation (Qawm) specifically meaning that he had not been sent to other than his Qawm and that others were not bound by his Sharee’ah. It is therefore established that none of the Anbiyaa’ were sent to us apart from Muhammad (saw) and consequently their Sharee’ahs are not a Sharee’ah for us.
3 – As for Ijmaa’ As-Sahaabah:
The Ijmaa’ As-Sahaabah has convened over the Sharee’ah of the Nabi Muhammad (saw) abrogating the Sharee’ah of those Prophets and Messengers that came previously and if worships were undertaken in accordance to them then that was due to being affirmed by our Sharee’ah and not as an abrogation to them.
In addition, had the Shar’u Min Qablinaa been a Shar’a for us, then the Sahaabah (rah) would have paid a great deal of attention to them, cared for them, transmitted them to us and recorded them along with our Sharee’ah. However, that did not happen because the Shar’u Min Qablinaa is not a Shar’a for us.
Response to some of the arguments presented:
As for the Qawl of Allah Ta’Aalaa:
And We ordained for them therein a life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and for wounds is legal retribution (Qisaas) (Al-Maa’idah 45).
The Ahkaam mentioned in this Aayah were not established for us because they have been mentioned in this Aayah but rather through being proven by other Dalaa’il (indications) from our Sharee’ah. So Al-Qisaas (the law of retribution) mentioned in the Noble Aayah as being prescribed upon Bani Israa’eel is also a Hukm from the Ahkaam of our Sharee’ah. Allah (swt) said:
O you who believe! Al-Qisas (the Law of Equality in punishment) is prescribed for you in case of murder (Al-Baqarah 178).
And He (swt) said:
So whoever has assaulted you, then assault him in the same way that he has assaulted you (Al-Baqarah 194).
And it is established by the Qawl of the Messenger (saw):
(For) the intentional (killing) is retaliation unless the guardian of the killed person pardons (At-Tabaraani in Majma’ Az-Zawaa’id 286/6).
And his Qawl (saw):
Whoever is afflicted by murder or injury then one of three is chosen: Either retaliation (i.e. death), or pardon or takes blood money (Ahmad, Daawood and Ibn Maajah).
As for the Qawl of the Messenger (saw):
If any of you misses a prayer due to sleep or forgetfulness (carelessness) then he must pray it as soon as he remembers (Muslim)
In the case where he (saw) recited the following Qawl of Allah Ta’Aalaa following this statement:
And establish prayer for My remembrance (TaHa 14)
Which is an address to Mousaa (as).
The Messenger’s (saw) mention of the Aayah after explaining the Hukm for the one who slept through of forgot to perform his Salaah in its time was only to explain that the Hukm Ash-Shar’iy of Islam in this issue is the same Hukm that was provided to Mousaa (as). Therefore, our commitment and adherence is in accordance to that which our Messenger Muhammad (saw) informed us of and not in accordance to what Allah (swt) addressed Mousaa (as) with.
Extra point of note:
I have mentioned within the section of the Masaadir At-Tashree’ (sources of legislation): Al-‘Urf, Madh’hab As-Sahaabiy and Shar’u Min Qablinaa, and I did that to explain and make clear my opinion in respect to them just like some of the previous ‘Ulamaa had done in their works… May Allah inspire us to reach the strongest understanding and we supplicate to Him as He has taught us:
"Our Lord! Punish us not if we forget or fall into error, our Lord! Lay not on us a burden like that which You did lay on those before us. Our Lord! Put not on us a burden greater than we have strength to bear. Pardon us and grant us Forgiveness. Have mercy on us” (Al-Baqarah 286).