منتديات إنما المؤمنون إخوة (2022 - 2010) The Believers Are Brothers
هل تريد التفاعل مع هذه المساهمة؟ كل ما عليك هو إنشاء حساب جديد ببضع خطوات أو تسجيل الدخول للمتابعة.

منتديات إنما المؤمنون إخوة (2022 - 2010) The Believers Are Brothers

(إسلامي.. دعوي.. تربوي.. ثقافي.. اجتماعي.. إعلامي.. طبي.. رياضي.. أدبي.. علمي.. تاريخي)
 
الرئيسيةالأحداثالتسجيل
قال الفيلسوف توماس كارليل في كتابه الأبطال عن رسول الله -صلى الله عليه وسلم-: "لقد أصبح من أكبر العار على أي فرد مُتمدين من أبناء هذا العصر؛ أن يُصْغِي إلى ما يظن من أنَّ دِينَ الإسلام كَذِبٌ، وأنَّ مُحَمَّداً -صلى الله عليه وسلم- خَدَّاعٌ مُزُوِّرٌ، وآنَ لنا أنْ نُحارب ما يُشَاعُ من مثل هذه الأقوال السَّخيفة المُخْجِلَةِ؛ فإنَّ الرِّسَالة التي أدَّاهَا ذلك الرَّسُولُ ما زالت السِّراج المُنير مُدَّةَ اثني عشر قرناً، لنحو مائتي مليون من الناس أمثالنا، خلقهم اللهُ الذي خلقنا، (وقت كتابة الفيلسوف توماس كارليل لهذا الكتاب)، إقرأ بقية كتاب الفيلسوف توماس كارليل عن سيدنا محمد -صلى الله عليه وسلم-، على هذا الرابط: محمد بن عبد الله -صلى الله عليه وسلم-.

يقول المستشرق الإسباني جان ليك في كتاب (العرب): "لا يمكن أن توصف حياة محمد بأحسن مما وصفها الله بقوله: (وَمَا أَرْسَلْنَاكَ إِلَّا رَحْمَةً لِّلْعَالَمِين) فكان محمدٌ رحمة حقيقية، وإني أصلي عليه بلهفة وشوق".
فَضَّلَ اللهُ مِصْرَ على سائر البُلدان، كما فَضَّلَ بعض الناس على بعض والأيام والليالي بعضها على بعض، والفضلُ على ضربين: في دِينٍ أو دُنْيَا، أو فيهما جميعاً، وقد فَضَّلَ اللهُ مِصْرَ وشَهِدَ لها في كتابهِ بالكَرَمِ وعِظَم المَنزلة وذَكَرَهَا باسمها وخَصَّهَا دُونَ غيرها، وكَرَّرَ ذِكْرَهَا، وأبَانَ فضلها في آياتٍ تُتْلَى من القرآن العظيم.
المهندس حسن فتحي فيلسوف العمارة ومهندس الفقراء: هو معماري مصري بارز، من مواليد مدينة الأسكندرية، وتخرَّجَ من المُهندس خانة بجامعة فؤاد الأول، اشْتُهِرَ بطرازهِ المعماري الفريد الذي استمَدَّ مَصَادِرَهُ مِنَ العِمَارَةِ الريفية النوبية المَبنية بالطوب اللبن، ومن البيوت والقصور بالقاهرة القديمة في العصرين المملوكي والعُثماني.
رُبَّ ضَارَّةٍ نَافِعَةٍ.. فوائدُ فيروس كورونا غير المتوقعة للبشرية أنَّه لم يكن يَخطرُ على بال أحَدِنَا منذ أن ظهر وباء فيروس كورونا المُستجد، أنْ يكونَ لهذه الجائحة فوائدُ وإيجابيات ملموسة أفادَت كوكب الأرض.. فكيف حدث ذلك؟!...
تخليص الإبريز في تلخيص باريز: هو الكتاب الذي ألّفَهُ الشيخ "رفاعة رافع الطهطاوي" رائد التنوير في العصر الحديث كما يُلَقَّب، ويُمَثِّلُ هذا الكتاب علامة بارزة من علامات التاريخ الثقافي المصري والعربي الحديث.
الشيخ علي الجرجاوي (رحمه الله) قَامَ برحلةٍ إلى اليابان العام 1906م لحُضُورِ مؤتمر الأديان بطوكيو، الذي دعا إليه الإمبراطور الياباني عُلَمَاءَ الأديان لعرض عقائد دينهم على الشعب الياباني، وقد أنفق على رحلته الشَّاقَّةِ من مَالِهِ الخاص، وكان رُكُوبُ البحر وسيلته؛ مِمَّا أتَاحَ لَهُ مُشَاهَدَةَ العَدِيدِ مِنَ المُدُنِ السَّاحِلِيَّةِ في أنحاء العالم، ويُعَدُّ أوَّلَ دَاعِيَةٍ للإسلام في بلاد اليابان في العصر الحديث.


 

 Chapter Two: The Sources of Legislation in Islam

اذهب الى الأسفل 
كاتب الموضوعرسالة
أحمد محمد لبن Ahmad.M.Lbn
مؤسس ومدير المنتدى
أحمد محمد لبن Ahmad.M.Lbn


عدد المساهمات : 35626
العمر : 70

Chapter Two: The Sources of Legislation in Islam Empty
مُساهمةموضوع: Chapter Two: The Sources of Legislation in Islam   Chapter Two: The Sources of Legislation in Islam Emptyالجمعة 03 سبتمبر 2021, 8:38 pm

Chapter Two: The Sources of Legislation in Islam
Prologue
Section One: The reality of the Quran and its Credibility.
Section Two: The meaning of the Sunnah (Prophetic traditions) and its significance.
Section Three: Ways of preserving the Prophetic Sunnah (traditions).
Section Four: The status of the Sunnah (Prophetic traditions) in light of the Noble Quran.

Prologue
The Book and the Sunnah (Prophetic traditions) are the Islamic sources of legislation; from them the creed, legislation, etiquette of Islam are derived, in addition to various other affairs.

A detailed clarification and explanation of this will follow in the succeeding sections; by way of clarifying the meaning of the Book and the Sunnah (Prophetic traditions), the evidences indicating their origin, and everything in relation to that.

Section One: The Reality of the Quran and its Credibility
Firstly: The Reality of the Noble Quran
(i) The linguistic definition of the Quran:
some language scholars are of the opinion that morphology of the term 'Quran' is: it is a verbal noun with the form of 'fa`lan' such as 'ghufran', 'shukran', and 'rujhan'; being derived from 'qa-ra-a' (lit. to read), 'qira-ah', and 'qur-a-nan' (lit. reading).

Others are of the opinion that the Quran is a noun, not derived from: 'qa-ra-a' (lit. to read); rather it is a name for the Book of Allah, just like the rest of the divine books, such as the Torah and the Gospel.

Some of the scholars said: Quran means:
collection – it being named Quran because it gathers and collects the chapters, thus it joins them.[87]

(ii) The technical definition of the Quran:
The scholars have defined the Quran with numerous definitions; and from the best most comprehensive of those being: "The Quran is the miraculous Speech of Allah that He revealed to the Prophet Muhammad (Peace be upon him), transmitted by such a huge number at every stage that it is impossible for them to have gathered upon a lie, recital of which is an act of worship."[88]

The meaning of it being "The miraculous Speech of Allah":
i.e. it is not from the speech of humans, nor the jinn, nor the angels, nor is it the speech of any of the Prophets or Messengers; rather it is the Speech of Allah –the Mighty and Majestic– He spoke with it in reality, in a manner that befits Him –He the Exalted and Most High–.

By our saying:
"Revealed to the Prophet Muhammad (Peace be upon him)" we exclude:
the rest of the books that were revealed to the Messengers –may peace be upon them– before Muhammad (Peace be upon him); such as the scrolls revealed to Abraham, and the Torah which was revealed to Moses, and the Gospel which was revealed to Jesus –may peace be upon them all–.

"Transmitted by such a huge number at every stage that it is impossible for them to have gathered upon a lie" rebuts the claim of those who say: 'It is Quran – however it was not transmitted by such a huge number that it is impossible for them to have gathered upon a lie.'

And we eliminate by our saying:
"Its recital is an act of worship":
those narrations that the Prophet (Peace be upon him) narrated directly from his Lord; because they are not recited as an act of worship – even though they are attributed as being from Allah the Mighty and Majestic.[89]

(iii) The names of the Noble Quran:
Allah –the Mighty and Majestic– named the Noble Quran with many names –exceeding fifty in number– from the most well-known of them are: The Book; due to it comprising of various kinds of stories, signs, rulings, and accounts – all with specific objectives.

The Reminder; due to that which it contains of admonition, warning, and accounts of the previous nations.

And due to that which it contains from honour and elevation for the one who believes in it, and affirms its signs – because the Quran is the criterion between truth and falsehood.[90]

Secondly:
The Credibility of the Noble Quran, its Status, and its Flawlessness
The Quran is the final and last of the divine Books, and the longest and most comprehensive of them, and it overrules them all.

Allah the Almighty says:
]وَأَنزَلنَآ إِلَيكَ الكِتَابَ بِالحَقِّ مُصَدِّقًا لِّمَا بَيْنَ يَدَيهِ مِنَ الكِتَابِ وَمُهَيمِنًا عَلَيهِ]
 Sura al-Maaidah; (5):48
 ]Meaning: And We have revealed to you the Book in truth, confirming that which preceded it of the Scripture and a trustworthy witness over it.]

He –the Almighty– also said:
]وَمَا كَانَ هَذَا القُرءَانُ أَن يُفتَرَىٰ مِن دُونِ اللَّهِ وَلَكِن تَصدِيقَ الَّذِي بَينَ يَدَيهِ وَتَفصِيلَ الكِتَابِ لَا رَيبَ فِيهِ مِن رَّبِّ العَالَمِينَ]
Sura Yunus; (10):37
]Meaning: And it is not possible that this Quran could ever be produced by other than Allah , but it is a confirmation of what was before it and a detailed explanation of the Book – wherein there is no doubt – from the Lord of the worlds.]

He also said:
]مَا كَانَ حَدِيثًا يُفتَرَىٰ وَلَكِن تَصدِيقَ الَّذِي بَيْنَ يَدَيهِ وَتَفصِيلَ كُلِّ شَيۡءٖ وَهُدٗى وَرَحمَةٗ لِّقَومٖ يُؤۡمِنُونَ]

 Sura Yusuf; (12):111
 ]Meaning: It is not a narration invented, but a confirmation of what was before it and a detailed explanation of all things and guidance and mercy for a people who believe.]

The scholars of exegesis of the Quran said regarding His saying –He the Almighty–:
]وَمُهَيمِنًا عَلَيهِ]

 Sura al-Maaidah; (5):48
 ]Meaning: And a trustworthy witness over it.]

i.e. A guardian and a witness over that which preceded it from the Books, and a confirmation of them – meaning: it confirms and attests to that which is correct within them, and negates that which has been distorted, altered, and changed of them; and it rules over them either by abrogation or approval.

Due to this, those who truly adhere to the previous books yield to it –just as Allah the Exalted and Most High said–:
]الَّذِينَ ءَاتَينَاهُمُ الكِتَابَ مِن قَبلِهِ هُم بِهِ يُؤمِنُونَ ٥٢ وَإِذَا يُتلَىٰ عَلَيهِمۡ قَالُوٓاْ ءَامَنَّا بِهِ إِنَّهُ الحَقُّ مِن رَّبِّنَآ إِنَّا كُنَّا مِن قَبلِهِ مُسلِمِينَ]
Sura al-Qasas; (28):52-53
]Meaning: Those to whom We gave the Scripture before it - they are believers in it. And when it is recited to them, they say: "We believe in it. Verily, it is the truth from our Lord. Indeed even before it we have been from those who submit themselves to Allah as Muslims.]

And Allah does not accept from anyone a religion other than that which this tremendous Quran came with.[91]

Sheikh Abdur-Rahman bin Sa`di –may Allah have mercy upon him– said regarding His saying –He the Almighty–:
]وَمُهَيمِنًا عَلَيهِ]

 Sura al-Maaidah; (5):48
 ]Meaning: And a trustworthy witness over it.]

"i.e. It contains that which the previous books contain and an increase with regards to the topics relating to having knowledge of Allah, and lofty morals. Thus it is the Book that follows all truth contained in the (other) books, by commanding and encouraging with it, and by increasing the means to it.

It is the Book that contains the news of the past and future nations, and the book that contains rulings and wisdom, and a mention of those rulings found in the previous books. That which it bears witness to the truthfulness of is accepted; and that which it bears witness to as being rejected is repelled, due to it being corrupted by distortion or alteration. Otherwise –if it were truly from Allah– it would not contradict them."[92]

The Noble Quran is the final message from Allah to humanity, rather it is inclusive of the jinn and mankind; contrary to the other divine books, as they were specific to particular nations, and particular time periods.

Furthermore, the Quran is preserved from addition, decrement, and distortion. Rather Allah –the One free from all imperfections– has guaranteed its preservation.

He –the Almighty– said:
]إِنَّا نَحنُ نَزَّلنَا الذِّكرَ وَإِنَّا لَهُ لَحَافِظُونَ]

 Sura al-Hijr; (15):9
 ]Meaning: Indeed We: It is We Who have sent down the Remembrance (i.e. the Quran) and surely We are indeed Preservers of it.]

The scholars of exegesis of the Quran said regarding this verse: Meaning: We are the Ones who have sent down this Quran,
]وَإِنَّا لَهُ لَحَافِظُونَ]
 ]Meaning: And surely We are indeed Preservers of it.]

i.e. From everything that does not befit it; from corruption, distortion, addition, decrement, and the like. So no-one is able to add falsehood to it, nor decrease a truth contained within it.[93]

The Quran has a great effect upon the hearts; and nobody intentionally listens to it except that he finds it has an impact on his soul –even if he does not understand its meanings or that which it denotes– and even if he does not know the Arabic language.

This is from the secrets of the Quran that shows its greatness.
The Quran also has a great effect in the elevation of nations and their success; for Allah produced from the Arab nation leaders of wisdom and guidance, and he made them the best nation ever raised up for mankind – before which they were confused in the darkness of ignorance.

And from the characteristics of the Quran is:
There is no end to its wonders, and its repetition does not bore, rather the more a person reads it the more it increases in sweetness, over and over.

And from its characteristics is:
Allah made easy its learning and memorization, and due to this many Muslim children memorize it entirely by heart.

And from its characteristics is:
It contains the most just of rulings, and the greatest and most noble and comprehensive of them. It leaves nothing small or great except that it enumerates it, both in general and in detail. Every unbiased person of intellect bears witness to this fact, even from the non-Muslims.[94]

Further detail regarding the status of the Quran and its greatness will follow in the next section, and during the discussion of the miraculous nature of the Quran.


---------------------------------------------------

(87) See: 'Lisanul–Arab' of Ibn Manthur (1/128–129); and 'al–Bayan fee `Uloom al–Quran' of Dr. Muhammad bin Ali al–Hasan and Dr. Sulayman al–Qar`awi (pp. 3).

(88) See: 'al–Bayan fee `Uloom al–Quran' (pp. 3).

(89) Ibid.

(90) See: 'al–Bayaan fee `Uloomil–Quran' (pp. 5–6).

(91) See: 'A`laamus–Sunnah al–Manshura li I`tiqaad at–Taaifah an–Naajiyah al–Mansura' of Shaykh Haafidh al–Hakami (pp. 81–82, question no. 80).

(92) 'Taysir al–Kareem ar–Rahmaan fee Tafsir Kalaam al–Mannaan' of Ibn Sa`di (1/490).

See: 'Zadul–Masir fee `Ilm at–Tafsir' of Ibnul–Jawzi (4/384); and 'Fathul–Qadir' of ash–Shawkani (3/139).(93)

(94) See: 'al–Bayan fee `Uloomil–Quran' (pp. 9–26).



Chapter Two: The Sources of Legislation in Islam 2013_110


عدل سابقا من قبل أحمد محمد لبن Ahmad.M.Lbn في الجمعة 17 سبتمبر 2021, 12:47 am عدل 2 مرات
الرجوع الى أعلى الصفحة اذهب الى الأسفل
https://almomenoon1.0wn0.com/
أحمد محمد لبن Ahmad.M.Lbn
مؤسس ومدير المنتدى
أحمد محمد لبن Ahmad.M.Lbn


عدد المساهمات : 35626
العمر : 70

Chapter Two: The Sources of Legislation in Islam Empty
مُساهمةموضوع: رد: Chapter Two: The Sources of Legislation in Islam   Chapter Two: The Sources of Legislation in Islam Emptyالجمعة 03 سبتمبر 2021, 8:54 pm

Section Two:
The meaning of the Sunnah (Prophetic traditions) and its significance
The First Topic:
The meaning of the Prophetic Sunnah (traditions)
Firstly:
The term Sunnah linguistically:
Sunnah in the language means a way or behaviour.

Labeed bin Rabi`ah – may Allah be pleased with him said in his famous line of poetry:
From a company whose fathers established such practices * and every people have their way and their leader[95]

Ibn Manthur –may Allah have mercy upon him– said:
"the Sunnah means: a behaviour –whether good or bad–.[96]

Secondly:
The technical meaning of Sunnah:
If the term Sunnah is used in the legislation then it refers to that which the Messenger (Peace be upon him) ordered with and forbade from, and that which he encouraged with, by saying or action.

For this reason, we say in reference to the evidences of the Islamic legislation: the Book and the Sunnah, i.e. the Noble Quran and the Prophetic narrations.

With this being said, the scholars of Islamic legislation differ regarding the meaning of Sunnah – in accordance with their specialties.

That which concerns us here is the meaning of Sunnah as intended by Hadith scholars, and in light of it being the second source of Islamic legislation.[97]

Based on this, it is possible for us to define the Sunnah as being:
Everything transmitted from the Prophet (Peace be upon him) in terms of speech, actions, approvals, physical or personality traits, or behaviours; whether before prophethood, or after it.[98]

Sunnah –according to this meaning– is synonymous with Hadith.
The meaning of everything transmitted from the Prophet (Peace be upon him) "From sayings":
i.e. the narrations he spoke with in different circumstances, and that which he clarified from the rulings of Islam, and its beliefs and etiquettes.

An example of this is his saying:
"Indeed actions are but by intentions."[99]

"Or actions":
i.e. that which the Companions –may Allah be pleased with them all– transmitted to us; such as: his ablution, his prayer, his rites, his fasting, and the like.

"Or approvals":
i.e. everything that the Messenger (Peace be upon him) approved of from the actions of his Companions – indicated by his silence and not criticizing them, or by his agreement and consent. So that which emanated from them –along with this approval and agreement– is counted as having emanated from the Messenger.

For example:
his (Peace be upon him) silence regarding the Abyssinians play fighting in the mosque, and his not criticizing them.[100]

Their saying:
"Physical traits":
includes the appearance of the Messenger (Peace be upon him); such as the description of his noble face –which was white with redness– and his height, his colour, and his smile.

Their saying:
"Or personality traits":
includes all of his manners and traits.

Their saying:
"Before prophethood":
includes all of his conditions prior to him being sent as a prophet.

Their saying:
"Or after it":
includes all of his conditions after being granted prophethood; due to him being the imam, and the finest guide and example.

The Messenger of Allah (Peace be upon him) informed us that he is a role model in His saying –He the Almighty–:
]لَّقَدۡ كَانَ لَكُمۡ فِي رَسُولِ اللَّهِ أُسوَةٌ حَسَنَةٞ لِّمَن كَانَ يَرجُواْ اللَّهَ وَاليَومَ الأٓخِرَ وَذَكَرَ اللَّهَ كَثِيرًا]

 Sura al-Ahzaab; (33):21
 ]Meaning: Indeed, in the Messenger (Peace be upon him)of Allah you have a fine example to follow for him who hopes in the meeting with Allah and the Last Day and remembers Allah much.][101]

The Second Topic:
The Importance of the Sunnah and its Status in Islamic Legislation
The Prophetic Sunnah is the second source of the Islamic legislation, and it is from the remembrance and revelation that Allah –the Mighty and Majestic– guaranteed preservation of; just as occurs in His saying – He the Almighty:
]إِنَّا نَحنُ نَزَّلنَا الذِّكرَ وَإِنَّا لَهُ لَحَافِظُونَ]

Sura al-Hijr; (15):9
 ]Meaning: Indeed it is We Who have sent down the Remembrance and surely We are indeed Preservers of it.]

This promise and guarantee includes preservation of the Quran as well as preservation of the Prophetic Sunnah which explains the Quran.

It is also the wisdom sent down, just as occurs in His saying –He the Almighty–:
]وَأَنزَلَ اللَّهُ عَلَيكَ الكِتَابَ وَالحِكمَةَ وَعَلَّمَكَ مَا لَمۡ تَكُن تَعلَمُ]
Sura an-Nisa•; (4):113
]Meaning: And Allah has sent down to you the Book and the wisdom and taught you that which you did not know.]

Ibn Hazm –may Allah have mercy upon him– said:
"The revelation from Allah is of two categories:
The first: Revelation that is recited; composition of which is of a supernatural and miraculous nature.

The second:
Revelation that is reported and narrated. This category is not miraculously composed, nor is it supernatural or recited melodiously, rather it is read.

And it is the instruction which comes from the Messenger of Allah (Peace be upon him) – who clarifies that which Allah the Mighty and Majestic wants of us.

Allah the Almighty said:
[لِتُبَيِّنَ لِلنَّاسِ مَا نُزِّلَ إِلَيهِمۡ]

 Sura an-Nahl; (16):44
 ]Meaning: That you may make clear to the people what is sent down to them.] [102]

The fact that the Quran and the Sunnah are preserved by Allah does not mean that there isn't anyone who tries to add or delete from them, as this has occurred much –both in the past and present–.

Rather the intent is:
That Allah the Mighty and Majestic appoints from the scholars of this nation those who refute the falsehood, addition and decrement from the Book of Allah –the Mighty and Majestic– and the Sunnah of His Prophet.

Shaikh al-Islam ibn Taymiyyah –may Allah have mercy upon him– clarifies this meaning in his statement:
"Verily the religion is preserved by Allah's preservation of it; and since the words of the Quran are preserved and transmitted by such a huge number at every stage that it is impossible for them to have gathered upon a lie, nobody attempted to falsify anything of it, nor add to it – contrary to the books preceding it.

Allah the Almighty said:
]إِنَّا نَحنُ نَزَّلنَا الذِّكرَ وَإِنَّا لَهُ لَحَافِظُونَ]

 Sura al-Hijr; (15):9
 ]Meaning: Indeed it is We Who have sent down the Remembrance and surely We are indeed Preservers of it.]

And contrary to the Hadith, for Satan yearns to distort much of it; and to alter its terms, by way of addition, decrement, and inventing lies both in its text and chains of transmission. However, Allah placed those who preserve and protect it; and who refute the distortion of the extremists, and the impersonation of the falsifiers, and the explanation of the ignorant – so they made clear that which the liars and distorters invented into it –."[103]

Ibn Taymiyyah also said:
"Whatever the explanations of the Quran, or the transmission or explanations of Hadith contain from error, then Allah places those who clarify that from this nation; so they mention the evidence proving the error of the mistaken, and the lies of the liar –for indeed this nation does not unite upon misguidance– and there will remain within it a group who are manifest upon the truth until the Hour is established. This is due to them being the last of the nations; so there is no Prophet after them, and no book after their Book. The previous nations if they altered and changed [their books] Allah would send a Prophet to clarify to them, and to command and prohibit them.

However, there is no prophet after Muhammad (Peace be upon him), and Allah has guaranteed that He will preserve that which He sent down from the Remembrance, and that this nation will not unite upon misguidance. So He appointed in every era for this nation those who preserve His religion from the people of knowledge and the Quran."[104]

Therefore the Quran is the primary source in Islam –for the affairs of creed, legislation, and etiquette– because it is the miraculous Speech of Allah the Almighty that He sent down upon the Messenger (Peace be upon him) via the trustworthy angel Gabriel, and whose words have been transmitted by such a huge number of people at every stage that it is impossible for them to have united upon a lie; recital of which is an act of worship, and it is written in the mushafs (written copies of the Quran).

Everything that came from the Messenger (Peace be upon him) other than the Quran; such as clarifying the creed, details regarding rulings of the Islamic legislation, and implementation of the Quran –then it is the Sunnah– as well as the Prophetic traditions; for they are the result of Revelation from Allah the Almighty, or personal striving and deduction of the Messenger (Peace be upon him), and the Messenger (Peace be upon him) is not granted consent upon a mistake.

Thus the source of the Sunnah is the revelation; therefore the Noble Quran is revelation that is recited, and whose recital is an act of worship; and the Sunnah is revelation that is not recited.

The Sunnah clarifies that which Allah wants of us. Confirmation of this is found in His saying –He the Almighty– in address to the Messenger:
]وَأَنزَلنَآ إِلَيكَ الذِّكرَ لِتُبَيِّنَ لِلنَّاسِ مَا نُزِّلَ إِلَيهِمۡ]

 Sura an-Nahl; (16):44
 ]Meaning: And We have also sent down unto you the reminder so that you may explain clearly to the people what is sent down to them.]

The Quran is the primary source, and the Sunnah is the secondary source; so they are the two inseparable sources of Islamic legislation. It is not possible for a Muslim to understand the Islamic legislation except by referring to both of them together; and a mujtahid[105] or a scholar cannot do without either of them.[106]

The Third Topic:
Some of the Proofs Indicating the Validity of the Sunnah as Evidence
A person may ask the question: What is the proof that indicates the obligation of acting in accordance with that which is established as being from the Messenger (Peace be upon him), and indicates that the Sunnah is indeed the second source of Islamic legislation?

The answer is:
There are evidences clarifying and necessitating this; from them:
(i) The obligation of believing in the Messenger:
From the requirements of having true faith in his Messenger (Peace be upon him) ship is the obligation of accepting and attesting to everything that comes from the Messenger (Peace be upon him) in the affairs of religion, for Allah the Mighty and Majestic chose the Messengers and selected them from among His servants so that they would convey His legislation to them.

Allah –the Almighty– said:
]اللَّهُ أَعلَمُ حَيثُ يَجعَلُ رِسَالَتَهُ]

 Sura al-An`am; (6):124
 ]Meaning: Allah knows best with whom to place His Message.]

He also said:
]فَهَلۡ عَلَى الرُّسُلِ إِلَّا البَلَاغُ المُبِينُ]

 Sura an-Nahl; (16):35
 ]Meaning: So is there anything upon the messengers except the duty of clear notification?]

And He –the Almighty– said:
]يَاأَيُّهَا الَّذِينَ ءَامَنُوٓاْ ءَامِنُواْ بِاللَّهِ وَرَسُولِهِۦ وَالكِتَابِ الَّذِي نَزَّلَ عَلَىٰ رَسُولِهِ وَالكِتَابِ الَّذِيٓ أَنزَلَ مِن قَبلُ]

 Sura an-Nisa•; (4):136
 ]Meaning: O you who have believed, believe in Allah and His Messenger (Peace be upon him)and the Book that He sent down upon His Messenger (Peace be upon him)and the Scripture which He sent down before.]

And His saying:
]فَ‍َٔامِنُواْ بِاللَّهِ وَرَسُولِهِ النَّبِيِّ الأُمِّيِّ الَّذِي يُؤۡمِنُ بِاللَّهِ وَكَلِمَاتِهِۦ وَاتَّبِعُوهُ لَعَلَّكُمۡ تَهتَدُونَ]
  Sura al-A`raaf; (7):158
 ]Meaning: So, believe in Allah and His Messenger, the illiterate prophet who believes in Allah and His Words, and follow him that you may be guided.]

This is a clear textual evidence indicating the obligation of acting in accordance with that which he came, and the obligation of following him.

This is further clarified by the statement of Imam ash-Shafi`ee regarding the previous verse. He said: "So He perfected the basis of true faith –that which everything else follows on from– having true faith in Allah, then in His Messenger."[107]

(ii) The Noble Quran:
The Noble Quran contains many verses that answer the question posed, and clearly state the obligation of obeying the Messenger (Peace be upon him).

From them is His saying –He the Almighty–:
]يَأَيُّهَا الَّذِينَ ءَامَنُوٓاْ أَطِيعُواْ اللَّهَ وَأَطِيعُواْ الرَّسُولَ وَأُوْلِي الأمرِ مِنكُمۡ فَإِن تَنَازَعتُمۡ فِي شَيۡءٖ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِ إِن كُنتُمۡ تُؤمِنُونَ بِاللَّهِ وَاليَوۡمِ الأٓخِرِ]
Sura an-Nisa; (4):59
]Meaning: O you who have believed, obey Allah and obey the Messenger (Peace be upon him)and those in authority among you. And if you disagree over anything, refer it to Allah and the Messenger, if you believe in Allah and the Last Day.]

Referring to Allah is returning to His Book and referring to the Messenger (Peace be upon him) is returning to his Sunnah.

And His saying –He the Almighty–:
]وَمَآ ءَاتَاكُمُ الرَّسُولُ فَخُذُوهُ وَمَا نَهَاكُمۡ عَنهُ فَانتَهُواْ]
Sooaratul-Hashr; (59):7
]Meaning: And whatever the Messenger (Peace be upon him) has given you then take it; and whatever he has forbidden you from then refrain.]

And how eloquent is His saying –He the Exalted and Most High– in this regard:
]فَلَا وَرَبِّكَ لَا يُؤۡمِنُونَ حَتَّىٰ يُحَكِّمُوكَ فِيمَا شَجَرَ بَينَهُمۡ ثُمَّ لَا يَجِدُواْ فِيٓ أَنفُسِهِمۡ حَرَجًا مِّمَّا قَضَيتَ وَيُسَلِّمُواْ تَسلِيمًا]

 Sura an-Nisa•; (4):65
 ]Meaning: But no –by your Lord– they will not truly believe until they make you judge in all disputes between them; and then find within themselves no discomfort regarding your judgment, and submit in full, willing submission.]

(iii) Evidence from the Hadith (Prophetic traditions) Indicating the Validity of the Sunnah as Evidence:
the Messenger (Peace be upon him)of Allah (Peace be upon him) said: "Whoever obeys me then he has obeyed Allah, and whoever disobeys me then he has disobeyed Allah."[108]

He –may peace and blessings be upon him– also said:
"I have left among you that which, if you cling to it, you shall not go astray: the Book of Allah and the Sunnah of His Prophet."[109]

And he –may peace and blessings be upon him– said:
"Stick to my Sunnah and the Sunnah of the rightly guided caliphs after me. Hold onto it tightly, and bite onto it with your molar teeth."[110]

These narrations indicate the Messenger (Peace be upon him) was given the Book and the Sunnah, and the obligation of clinging to them both, and that one accepts that which occurs in the Sunnah just as he accepts that which occurs in the Book, and acts upon it.

In addition to this:
The Messenger (Peace be upon him) warned against rejecting his command, and he criticized the one who abandons his narrations with the excuse that he is acting in accordance with that which the Book of Allah –the Almighty– contains, and relying solely upon its content. On the authority of al-Miqdaam bin Ma`dikarib that the Messenger (Peace be upon him) said: "Let me not find one of you reclining on his couch; when he hears a command from my commands he says: 'We do not know what this is. Between us and you is the Book.' Verily I have been given the Book and the like of it along with it."[111]

(iv) The Consensus:
All of the Muslims are in unanimous agreement upon the obligation of acting in accordance with the Sunnah, in response to the command of Allah and His trustworthy Messenger; and likewise, they all practice the rulings contained within it just as they practice the rulings of the Noble Quran. This is because it is a source of Islamic legislation just as Allah the Almighty informed and clarified in His Noble Book; and Allah bore witness to the Messenger (Peace be upon him) that he only follows what is revealed to him.

He the Almighty said:
]قُل لَّآ أَقُولُ لَكُمۡ عِندِي خَزَآئِنُ اللَّهِ وَلَآ أَعلَمُ الغَيبَ وَلَآ أَقُولُ لَكُمۡ إِنِّي مَلَكٌ إِنۡ أَتَّبِعُ إِلَّا مَا يُوحَىٰٓ إِلَيَّ قُلۡ هَلۡ يَستَوِي الأَعمَىٰ وَالبَصِيرُ أَفَلَا تَتَفَكَّرُونَ]
Sura al-An`aam; (6):50
]Meaning: Say: "I do not tell you that I have the treasures of Allah, nor do I know the unseen, nor do I tell you that I am an angel. I only follow what is revealed to me." Say: "Is the blind equal to the seeing? Then will you not give thought?"][112]

He –the One free from all imperfections– also warned against opposing the command of the Prophet (Peace be upon him) in His saying –He the Mighty and Majestic–:
]فَلْيَحْذَرْ الَّذِينَ يُخَالِفُونَ عَنْ أَمْرِهِ أَنْ تُصِيبَهُمْ فِتْنَةٌ أَوْ يُصِيبَهُمْ عَذَابٌ أَلِيمٌ]
Sura an-Noor; (24): 63
]Meaning: So let those who oppose the Messenger's command beware, lest some trial befall them, or a painful torment be inflicted on them.]

He also said:
]فَلا وَرَبِّكَ لا يُؤْمِنُونَ حَتَّى يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ ثُمَّ لا يَجِدُوا فِي أَنفُسِهِمْ حَرَجاً مِمَّا قَضَيْتَ وَيُسَلِّمُوا تَسْلِيماً]
Sura an-Nisa•; (4):65
]Meaning: But no –by your Lord– they will not truly believe until they make you judge in all disputes between them; and then find within themselves no discomfort regarding your judgment, and submit in full, willing submission.]

Allah ordered us to refer to him for judgment, and to be pleased with his rule.

He the Almighty said:
]فَإِن تَنَازَعتُمۡ فِي شَيۡءٖ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِ]
Sura an-Nisa•; (4):59
]Meaning: And if you disagree over anything then refer it to Allah and the Messenger.]

The scholars have unanimously agreed that returning and referring to the Messenger (Peace be upon him) for judgment after his death is returning and referring to his Sunnah.

Hence these verses contain the clearest evidence prohibiting opposition of him. Look at how He warned those who oppose him with a trial –which is polytheism, or deviation– and a painful torment.

And look at how He swore upon them not having true faith until they make him the judge in all disputes between them, and they submit to his judgment while not finding within themselves any discomfort regarding his judgment.

Sufficient is this as a warning and threat to those who abandon his Sunnah after knowing its ruling – either out of neglect, or disregard, and the like.[113]

-------------------------------------------------------------

(95) See the 'Diwan' of Labeed bin Rabi`ah (pp. 179).

(96) 'Lisanul–Arab' (13/225).

(97) 'al–Mukhtasar fee `Uloomil–Hadith' of Dr. Muhammad `Ajjaj al–Khateeb (pp. 15).

(98) See: 'as–Sunnah wa Makanatuha fee at–Tashri` al–Islaami' of Dr. Mustafa as–Sibaa`I (pp. 59); and 'al–Mukhtasar min `Uloomil–Hadith' (pp. 16).

(99) Reported by al–Bukhari (no. 1); and Muslim (no. 1907) with the wording: "Indeed actions are but by intention."

(100) Al–Bukhari (no. 4938); and Muslim (no. 892).

(101) See: 'as–Sunnah wa Makanatuha fee at–Tashri` al–Islaami' (pp. 59–60); and 'al–Mukhtasar al–Wajiz fee `Uloomil–Hadith' (pp. 15–17).

(102) 'Ahkaamul–Ihkaam fee Usulil–Ahkaam' of Ibn Hazm (1/440).

(103) 'ar–Radd `Alaa al–Bakri' of Ibn Taymiyyah (1/171).

(104) 'al–Jawaabus–Sahih liman baddala Deenal–Masih' of Ibn Taymiyyah (3/9).

(105) a mujtahid is one who has reached the level of ijtihād in understanding religious laws. This means that he has the ability to deduct religious rulings from the Qurān and Prophetic traditions himself.

(106) See: 'I`laamul–Muwaqqi`een' of Ibnul–Qayyim (1/48); and 'al–Mukhtasar al–Wajiz fee `Uloomil–Hadith' (pp. 29).

(107) 'ar–Risalah' (pp. 75, para. 239)

(108) Reported by al–Bukhari (no. 957).

(109) Reported by Maalik in 'al–Muwatta' (2/899); and al–Haakim (no. 318), with the wording being his.

(110) Reported by Abu Dawud (no. 4607); and at–Tirmidhee (no. 2676). He said: "This is a good, authentic narration."

(111) Reported by Abu Dawud (no. 4604 and 4605); al–Albaani said in 'Sahih Sunan Abee Dawud' (no. 3848 and 3849): "Authentic".

(112) See: 'Mukhtasar al–Wajiz fee `Ulumil–Hadith' (pp. 30–33).

(113) See: 'Akhbaar al–Aahaad fee al–Hadith an–Nabawi' of Dr. Abdullah bin Jibrin (pp. 17–18).



Chapter Two: The Sources of Legislation in Islam 2013_110


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Chapter Two: The Sources of Legislation in Islam Empty
مُساهمةموضوع: رد: Chapter Two: The Sources of Legislation in Islam   Chapter Two: The Sources of Legislation in Islam Emptyالجمعة 03 سبتمبر 2021, 9:00 pm

Section Three:
Ways of preserving the Prophetic Sunnah

Prologue
Previously we mentioned the Prophetic Sunnah being from the revelation and the remembrance which Allah –the Mighty and Majestic– guaranteed preservation of.

From His preservation –He the Exalted and Most High– of the Sunnah is that He caused the Muslims to have concern for it, and appointed men who give it the utmost care; so they purify it, and distinguish that which is authentic from that which is weak, and in this way the successors transmitted it from the predecessors, generation after generation. They would refer to it in all of their religious affairs, and act upon that which it contained, hold fast to it, and preserve it – in order to perfect their imitation of the Messenger (Peace be upon him).[114]

A clarification of this will be discussed in the following topics:
The First Topic:
That which has been mentioned regarding having reverence for the Sunnah, and the virtue of the Hadith (Prophetic traditions) and its people.

Since the Sunnah is a source of Islamic legislation, and its origin is the Messenger (Peace be upon him), and since Allah ordered the Believers to honour and venerate him, and He praised those who lower their voices in his presence – there is no oddity then, that it deserves the same honour as the one it originated from.

This is from the reasons that caused the scholars to greatly respect and honour the Sunnah. From the examples of this:
(i) `Amr bin Maymun reported from Ibn Mas`ud that he narrated a saying of the Prophet (Peace be upon him) one day, so he did not say: "The Messenger of Allah (Peace be upon him)", except he was overcome with grief, and sweat started to drip from his forehead. And in a variant narration: "His eyes welled up, and his jugular veins bulged.

(ii) Ibn Sireen –if a narration of the Messenger of Allah (Peace be upon him) was mentioned in his presence and he was laughing– then he would be silent.

(iii) Imam Maalik –may Allah have mercy upon him– was well known in this regard more than others. If he wished to speak with the traditions of the Prophet (Peace be upon him) he would bathe, perfume himself, don new clothes, wear a turban, then he would sit upon his seat humbly, and would continue to burn incense until he finished speaking. He would say: "I like to honour the traditions of the Messenger of Allah (Peace be upon him).

He disliked mentioning the traditions of the Prophet (Peace be upon him) if he was standing or in a hurry. These reports are mentioned by al-Qaadhi `Iyaadh in his book 'ash-Shifaa (the Cure).'[115]

They did so out of honour for the one who made such statements, and out of honour for those noble words that are the most noble of speech, and the highest in status – after the Speech of Allah –the Mighty and Majestic–.[116]

Allah –the Almighty– encouraged with the acquisition of knowledge, He commended and praised the scholars by associating their testimonies of His oneness with the testimonies of His angles. He the All Mighty also negated equality between those who possess knowledge and those who do not.[117]

Likewise the Prophet (Peace be upon him) encouraged with knowledge, and informed that its carriers are the (Peace be upon him) inheritors of the Prophets, and that the angels lower their wings for the student of knowledge[118]; and that which has been reported in this regard is ample.

So those that carry the Prophetic narrations –and are busied with learning and teaching them– have an abundant share of this praise for the scholars, and sufficient is this as an honour for Hadith (Prophetic traditions) and its bearers. Therefore, spending one's lifetime learning and spreading it is better than busying oneself with supererogatory acts of worship; this not being the case except due to that which it contains from explanation of the Quran, and a revival of the Sunnah of the Prophet (Peace be upon him), and an imitation of him in his calling to Allah and conveyance of the Message. Even if it were only for the fact that its people sent plentiful blessings upon the Prophet (Peace be upon him) –regarding which great reward has been reported– such as his saying: "The person closest to me on the Day of Judgement is the one who sent the most blessings upon me"[119] [then that would be sufficient].

Furthermore, in it is deservingness of the supplication of the Prophet (Peace be upon him); as occurs in the 'Musnad' and the 'Sunan' from a narration of Zayd bin Thabit and others, that the Prophet (Peace be upon him) said: "May Allah brighten [the face of] a person who hears my saying and retains it, then he conveys it just as he heard it."[120]

And in it is a fulfilment of the order of the Prophet (Peace be upon him) in his saying: "Convey my teachings to the people even if it were a single sentence."[121]

The Second Topic:
 The Pious Predecessors and their Concern for the Prophetic Traditions
Since the Companions –may Allah be pleased with them all– knew the importance of this knowledge, they strove in learning it from their Prophet (Peace be upon him), by accompanying him much, and by preferring his sittings over working to acquire wealth or seeking after their livelihoods. Some of them would appoint those who would attend his gathering so that they could inform them of that which they missed from knowledge; just as `Umar ibn al-Khattaab did with his Ansari[122] neighbour.[123]

The Prophet (Peace be upon him) was the best example in teaching his Companions and conveying to them the meanings of things. He would use a variety of methods to explain and clarify; such as: presentation, discussion, striking examples, and repetition –so that he would be understood–. The Companions would learn from him in his sittings and gatherings, while he was on the pulpit, and whether he was upon a journey or resident. Allah did not cause him to pass away except after he had taught them everything they needed to know – just as some of his enemies from the polytheists bore witness to – as occurs in the narration of Muslim, on the authority of Salman al-Farisi –may Allah be pleased with him– that he said: "It was said to me: 'Your Prophet has taught you about everything; even regarding the etiquette of answering the call of nature.'"[124]

After Allah caused His Prophet Muhammad (Peace be upon him) to pass away, his Companions knew the knowledge they learnt from him was a responsibility upon them, and that they were obligated to convey it to the people so that they did not enter under the threat of those whom Allah said regarding them:
]إِنَّ الَّذِينَ يَكتُمُونَ مَآ أَنزَلنَا مِنَ البَيِّنَاتِ وَالهُدَىٰ مِنۢ بَعدِ مَا بَيَّنَّاهُ لِلنَّاسِ فِي الكِتَابِ أُوْلَئِكَ يَلعَنُهُمُ اللَّهُ وَيَلعَنُهُمُ اللَّاعِنُونَ]
Sura al-Baqarah; (2):159
]Meaning: Indeed, those who conceal what We sent down of clear proofs and guidance after We made it clear for the people in the Book, they are the ones cursed by Allah and cursed by the cursers.]

In the same way, their students were aware of the status of this knowledge in the religion that they were burdened with, which led them to expend efforts teaching and learning it. Their gatherings were filled with Hadith (Prophetic traditions), and seeking it became almost their sole objective. They endured hardships in attaining it, and travelled great distances; just as it is reported from Ibn `Abbas –may Allah be pleased with them both– that he said: "A Hadith (Prophetic tradition) would reach me from some of the Companions, so I would go to him and I would find him taking a siesta, so I would sit at his door – with the wind blowing dust into my face – until he awoke."[125]

It is famous from Jabir –may Allah be pleased with him– that he travelled to the Levant[126] in order to hear a single narration of the Prophet (Peace be upon him) from `Abdullah bin Unays, as reported by Ahmad.[127]

Likewise, Abu Ayyub would travel from Medina to Egypt so that he could narrate a single narration of the Prophet (Peace be upon him) from `Uqbah bin `Aamir.[128]

After they would hear a narration of the Prophet (Peace be upon him), they would revise and study it together, and practice it between themselves, so that each of them could be certain he had memorized it. Some of them would repeat a single narration for extended periods of time until they memorized it; just as is reported from Abu Hurayrah –may Allah be pleased with him– that he would set aside a portion of the night to revise narrations of the Prophet (Peace be upon him) so that he did not forget them. Mentioned by Ibn Jurayj and others.[129]

Allah favoured them with an increase in memory – by way of which they surpassed those who came after them by a great deal – there being many amazing reports from them in that regard.[130]

Some of them would use the aid of writing to help them memorize.

In short, we have reports from our pious predecessors indicating their concern for Hadith (Prophetic traditions) and their care for it – through which Allah brought about preservation of this Islamic legislation, and conservation of its sources – so may Allah have mercy upon them and reward them on behalf of Islam and the Muslims with the best reward.[131]

The Third Topic:
The Efforts of the Scholars of the Sunnah in Preserving the Hadith (Prophetic traditions)
Near the end of the time of the Companions –may Allah be pleased with them– those who would deliberately lie upon the Messenger (Peace be upon him) of Allah  began to appear, in spite of there being narrations threatening and warning against such.[132] Those most famous for fabricating narration were a group of infidels who entered into the religion in disguise, while intending to corrupt the creed, and create doubts regarding Islam.

And others:
]مِنَ الَّذِينَ فَرَّقُواْ دِينَهُمۡ وَكَانُواْ شِيَعًا]

 Sura ar-Rum; (30):32
 ]Meaning: Of those who split up their religion and became sects.] – they purposefully show partisanship to their leaders, tribes, and lands.

And a third category is:
those storytellers who wish to be known for having many tales, and amazing accounts –those that arouse the souls and move the hearts–.

However, the scholars of Hadith –when they sensed this danger– they met it with that which nullified and rejected it; in order that the Prophetic Hadith (traditions) remained intact from corruption or tarnish, and so that it remained a pure spring for whoever wished to drink from it.

They laid foundations and invented ways that became a means for the preservation of the Sunnah so that it continued to be transmitted from generation to generation while remaining green and fresh –just like the day the holder of the Message uttered them– may the peace and blessings of Allah be upon him.

Some of the methods they invented in order to preserve the Prophetic Hadith (narrations) are:
(i) Adhering to the chains of transmission, and naming of the narrators:
This is from the distinguishing factors of this nation; by way of it we know the source of the Hadith (narration) and the condition of its men – which enables to pass the ruling of our acceptance or rejection of it. `Abdullah bin Mubarak said: "The chain of transmission is from the religion; and if it were not for the chains of transmission then anybody would say whatever they wished."[133]

This resulted in the prevention of many fabricated narrations, as the fabricators feared their lies being exposed, and their status diminishing in the eyes of those who respected them.

(ii) Carefully checking the conditions of the narrators:
Searching for their status regarding Hadith and their competence in carrying it – the scholars spoke regarding them due to this being from giving sincere advice to the nation. This is because the narrators have taken on the responsibility of transmitting matters of religion that carry rulings. And this is from the specific types of backbiting that are permissible and is excluded from the general prohibition of backbiting; due to that which it contains from widespread benefit for the nation.

(iii) Verifying the narration –both at the time of reception and narration–:
The narrators would not mention a narration except they had perfected it; and they would not narrate it except to those who were deserving of hearing it; and they would avoid narrating to the foolish and the people of desires.

These efforts –and other than them– resulted in the distinguishment of the Prophetic narrations; the removal of fabricated, made-up narrations from the term Hadith (i.e. from being attributed to the Prophet (Peace be upon him)); as well as the identification of liars, announcing their condition, and uncovering their faults –this being something that made them shy away when confronted by those illustrious scholars–. In this regard we have the statement of Sufyan ath-Thawri: "Allah never covered up the faults of one who lied regarding Hadith (Prophetic narrations)."

It was said to Ibn al-Mubaarak:
"Are these narrations fabricated?" He said: "They are the reason the scholars live;
]إِنَّا نَحنُ نَزَّلنَا الذِّكرَ وَإِنَّا لَهُۥ لَحَافِظُونَ]

  Sura al-Hijr; (15):9
 ]Meaning: Indeed it is We Who have sent down the Remembrance and surely We are indeed Preservers of it]."
Mentioned by as-Sakhawi in 'Fathul-Mugheeth' and others.[134]

The Fourth Topic:
Recording the Hadith (Prophetic narrations)
We find the prohibition of writing Hadith in some reports from the Messenger (Peace be upon him) and from the Companions; just as we find the Prophet (Peace be upon him) clearly giving permission to do so on some occasions, and to specific people.[135]

To interpret the prohibition of writing to mean the unsuitability of using Hadith as valid evidence is incorrect, as is the view of some heretics. Also, the opinion that the reason behind this prohibition was due to a lack of writing utensils or literate people is weak as well; for there were those from the Companions and their sons who had the ability to write.[136]

The most correct understanding is that the prohibition of writing Hadith was at the dawn of Islam –in order that people would busy themselves with memorization of the Quran, and strive to learn it from tablets and parchments– and their study of Prophetic narrations would be through practice and sittings.

Or it is possible that the prohibition was specific to writing Hadith and the Quran together on the same parchment –out of fear that those who were ignorant would not be able to distinguish between the two–; and the permission to do so was granted to those who confusion was not feared from – such as `Abdullah bin `Amr –or an allowance was made due to a necessity– such as the command of the Prophet (Peace be upon him) to write for Abu Shah.[137]

Also, it is well known that he  wrote many parchments to some of the covenanters, and on some occasions; as well as his sending books during his time to the leaders of lands, inviting them to Islam[138] – all of this indicating the permissibility of writing Hadith in general.

Furthermore, the Companions knew the reason for the prohibition – so some of them refrained from writing, and others wrote out of necessity.[139]

After this fear had disappeared –due to the Quran becoming distinguished and unique from other than it–, and the need for writing increased, the Sunnah began to be recorded. This occurred towards the end of the first century, by decree of `Abdul-`Aziz bin Marwan and after him: his son `Umar[140]. Then, in the second century writing became widespread; and the people became accustomed to writing and would narrate from their books and preserve them.

This remained the case until these narrations reached great scholars such as al-Bukhari and Muslim, and the authors of the Sunan[141]. They recorded such narrations in their books –both generally and specifically– as well as separating the authentic of it from the weak, and the like.

These collections reached us –and all praise is for Allah– just as they were written, preserved from being altered or changed. By way of this Allah fulfilled His guarantee of preserving the sources of Islamic legislation, and the proof of Allah was established over the servants, and all praise is for Allah –Lord of the Worlds–.[142]

In this way it becomes clear that the religion of Islam, the Book of Islam, and the Sunnah of the Prophet of Islam have all reached us in preserved form; as a result of being preserved and passed down by trustworthy hands that gave it care and concern.

--------------------------------------------------------

(114) See: 'al–Mukhtasar al–Wajiz fee `Uloomil–Hadith' (pp. 33).

(115) See: 'ash–Shifaa' (2/43).

(116) See: 'Akhbaar al–Aahaad' (pp. 19).

(117) As occurs in His saying – He the Almighty:

(شَهِدَ اللَّهُ أَنَّهُۥ لَآ إِلَهَ إِلَّا هُوَ وَالْمَلَآئِكَةُ وَأُوْلُواْ الْعِلْمِ)

Sura aali–`Imran; (3):18

(Meaning: Allah bears witness none has the right to be worshipped except Him, and the angels, and those having knowledge also bear witness.)

And His saying – He the Almighty –:

(إِنَّمَا يَخْشَى اللَّهَ مِنْ عِبَادِهِ الْعُلَمَآؤُاْ)

Sura Fatir; (35):28

(Meaning: It is only those who have knowledge among His servants that fear Allah.)

And His saying – He the Almighty –:

(قُلْ هَلْ يَسْتَوِي الَّذِينَ يَعْلَمُونَ وَالَّذِينَ لَا يَعْلَمُونَ)     

Sura az–Zumar; (39):9

(Meaning: Say: "Are the ones who know equal to the ones who do not know?")

(118) As occurs in the authentic narration reported by Ahmad (4/239); Abu Dawud (no. 3641); at–Tirmidhee (no. 2823) and others, on the authority of Abu ad–Dardaa –may Allah be pleased with him–.

(119) Reported by at–Tirmidhi (no. 484), and he said: "Good, gharib (unique)".

(120) The narration of Zayd is reported by Ahmad (4/80); Ibn Maajah (no. 230); ad–Daarimi (1/75) Also reported by Abu Dawud (no. 3660); and at–Tirmidhi (no. 2795) with the same meaning. Also reported by Ahmad (4/80); ad–Daarimi (1/74); and Ibn Maajah (no. 3056) from a narration of Jubayr bin Mut`im.

(121) Reported by al–Bukhari (no. 3461); & Ahmad (2/159) from a narration of Abdullah bin `Amr bin al–`Aas.

(122) Ansari: a term used to refer to the original inhabitants of Medina (as opposed to the Muhajirin – those who emigrated from Mecca to Medina).

(123) Reported by al–Bukhari (no. 89).

(124) Reported by Muslim (no. 262).

(125) Reported by al–Haakim in 'al–Mustadrak' (1/102), (3/538). He declared it to be authentic, and adh–Dhahabi agreed with him.

(126) The Levant: A historic geographical term used to refer to a large piece of land in the northwest part of the Arabian Peninsula; currently Syria, Lebanon, Jordan, Palestine, and surrounding regions.

(127) Reported by Ahmad in his 'Musnad' (3/495) from a narration of Jabir that he said: "I heard about a narration from a man, so I bought a camel, fitted my saddle to it, and travelled for an entire month to meet him…"

(128) See: 'Jaami`u Bayaan al–`Ilm wa Fadlihi' of Ibn Abdul–Barr (1/112). He mentions many reports in this regard.

(129) See: His biography in 'al–Bidaayah wan–Nihaayah' (8/199), and other sources.

(130) As mentioned in the biographies of Abu Hurayrah, Qatadah, ash–Sha`bi, and others; see: 'Tahdheebut–Tahdheeb' and other sources.

(131) See: 'Akhbaar al–Aahaad fee al–Hadith an–Nabawi' of Dr. Abdullah bin Jibrin (pp. 21–22).

(132) Such as the saying of the Prophet –peace be upon him–ﷺ‬: "Whoever lies upon me deliberately then let him take his seat in the Fire." Reported by al–Bukhari (no. 1229) and Muslim (no. 3).

(133) Reported by Muslim in the introduction of his 'Sahih' (1/87).

(134)  See: 'Fathul–Mugheeth' (1/30); and 'Akhbar al–Aahaad fee al–Hadith an–Nabawi' (pp. 22–24)

(135) Such as the saying of the Prophet –peace be upon him–ﷺ‬: "Do not write anything from me except the Quran." Reported by Muslim (18/129); ad–Daarimi (1/119); and others – from a narration of Abu Sa`eed. And he gave `Abdullah bin `Amr bin al–`Aas permission to write, as occurs in 'Sahih al–Bukhari' (no. 113). He also wrote `Ali a parchment as occurs in 'al–Bukhari' (no. 111).

(136) Such as `Ali, Zayd bin Thabit, `Abdullah bin `Amr, and others. See: 'Fathul–Baari' (9/22).

(137) This incident occurred in the farewell pilgrimage of the Prophet –peace be upon him–ﷺ‬, when Abu Shah requested a written copy of the sermon of the Messenger –peace be upon him–ﷺ‬; as mentioned by al–Bukhari (no. 112 and 2434).

(138) Such as the book he wrote to Heraclius – the leader of the Byzantine empire –; and to Khosrow – the leader of the Persian empire –; and to Negus – the King of Abyssinia –; and to Al–Muqawqis – the King of Egypt –; and others. Ibnul–Qayyim mentions these books in 'Zadul–Ma`ad' (3/60) and others.

(139) Ibn Abdul–Barr reported in 'Jami` Bayaan al–`Ilm wa Fadlihi' (1/76) – through his chains of transmission – the refrainment of writing Hadith (Prophetic narrations) from Zayd bin Thaabit, `Ali bin Abi Taalib, Abu Sa`eed, `Umar bin al–Khattab, Ibn `Abbas, Ibn Mas`ud, Ibn `Umar, Abu Musa, Abu Hurayrah; and from their successors: ash–Sha`bi, an–Nakha`i, Qatadah, and others.

Then he reported the permission to do so – or its being used – from: Jabir, Ibn `Amr bin al–`Aas, Anas, Abu Umamah, and others. Thereafter it became accepted by unanimity.

(140) Ibn `Abdul–Barr reported in 'al–`Ilm' (1/88–91) from Ibn Shihab that he was the first one to record the Hadith (Prophetic narrations) by decree of `Umar bin `Abdul–`Aziz.

(141) Sunan: a term used to refer to the four most famous collections of Hadith after Bukhari and Muslim; 'Sunan Abu Dawud', 'Sunan at–Tirmidhi', 'Sunan an–Nasaaee', and 'Sunan Ibn Maajah'.

(142) See: 'Akhbaar al–Aahaad fee al–Hadith an–Nabawi' (pp. 24–25).



Chapter Two: The Sources of Legislation in Islam 2013_110


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Chapter Two: The Sources of Legislation in Islam Empty
مُساهمةموضوع: رد: Chapter Two: The Sources of Legislation in Islam   Chapter Two: The Sources of Legislation in Islam Emptyالجمعة 03 سبتمبر 2021, 10:43 pm

Section Four:
The status of the Sunnah in light of the Noble Quran
Since Prophet Muhammad (Peace be upon him) was the intermediary between Allah and His servants in transmitting His legislation and Religion, this meant he was the source of all Islamic legislation.

However, the legislation –as has preceded– is divided into:

revelation which is sent down and whose recital is an act of worship, i.e. the Noble Quran; and into: a clarification, demonstration, and an affirmation of that, as well as bringing new legislation regarding the rulings not found within the Quran, i.e. the Prophetic Sunnah.

And since there are some rulings in the Quran that are obscure and whose reality is not known; it was the duty of the Prophet (Peace be upon him) to clarify them.

Allah the Almighty said:
]وَأَنزَلنَآ إِلَيكَ الذِّكرَ لِتُبَيِّنَ لِلنَّاسِ مَا نُزِّلَ إِلَيهِمۡ]
Sura an-Nahl; (16):44
]Meaning: And We have also sent down unto you the reminder so that you may explain clearly to the people what is sent down to them.]
]وَمَآ أَنزَلنَا عَلَيكَ الكِتَابَ إِلَّا لِتُبَيِّنَ لَهُمُ الَّذِي اختَلَفُواْ فِيهِ]
]Meaning: And We have not sent down the Book to you, except that you may explain clearly to them those things in which they differ.]

The Prophet (Peace be upon him) carried out his Lord's Command perfectly, and fulfilled his duty impeccably; so he clarified through his Sunnah that which was revealed to them.[143]

An explanation of this is that the only sources of religious rulings in the lifetime of the Messenger (Peace be upon him) were the Book and the Sunnah.

The Book of Allah –the Almighty– contains the basis for the rulings of Islamic legislation without detailing them all. It only explains those rulings in conformance with the solid, unchanging bases that do not evolve in accordance to the different circumstances or habits of people. This is so that the Quran succeeds in achieving uprightness and prosperity for every nation, regardless of circumstances or time period. Therefore, we find it comprises of that which causes its legislation to remain unchanged despite modernization and progression; and leads to bliss in this world and the Hereafter.

Alongside these bases in the Noble Quran we find a mention of the creed, acts of worship, stories of previous nations, manners, and etiquette.

The Sunnah came with that which affirms the contents of the Quran, clarifies its ambiguity, details its obscurity, restricts its absolute, specifies its generality, explains its rulings and intents, as well as mentioning rulings not found in the Noble Quran. Thus, the Sunnah is a practical implementation of that which occurs in Noble Quran.

From that which has preceded we know the status of the Sunnah is the same as that of the Noble Quran – in the sense that they are both revelation and are both sources of Islamic legislation which we are obligated to act in accordance with.

However, the Sunnah follows the Noble Quran in virtue, because it explains it –and the thing explained is given precedence over that which explains it, just as the base of something is better than whatever is built upon it– just as Allah the Almighty said:
:]وَأَنزَلنَآ إِلَيكَ الذِّكرَ لِتُبَيِّنَ لِلنَّاسِ مَا نُزِّلَ إِلَيهِمۡ وَلَعَلَّهُمۡ يَتَفَكَّرُونَ]
Sura an-Nahl; (16):44
]Meaning: And We have also sent down unto you the Reminder so that you may explain clearly to the people what is sent down to them and that they may reflect.]

In summary; it is possible to categorize the relationship between the Sunnah and the Noble Quran into four categories:
The First:
Either it confirms that which is mentioned in the Quran; such as the narrations commanding with the prayer, Zakat, fasting, honesty, refraining from lying, and the narrations forbidding usury, and the like.

The Second:
Or it explains the Noble Quran. This clarification is further split into the following sub-categories:
(i) It clarifies that which is ambiguous in the Quran:
so the Sunnah clarifies that which is unclear as it relates to the acts of worship and the religious rulings. For example: the clarification of the Messenger (Peace be upon him) regarding the prayer times, the number of units they comprise of, how to pray, and the pillars of prayer – just as he  said: "Pray just as you have seen me pray."[144]

Likewise, he clarified and explained the obscurity regarding the rites of Hajj mentioned in the Noble Quran; just as he (Peace be upon him) said: "Learn your rituals from me (i.e. by seeing me performing them)."[145]

Also, his clarification on what Zakat is to be given upon, its amount, and its threshold – all of which are unmentioned in the Noble Quran.

(ii) It specifies that which is general in the Quran:
From the examples of this is the clarification of the Messenger (Peace be upon him)regarding the saying of Allah the Mighty and Majestic:
]يُوصِيكُمُ اللَّهُ فِيٓ أَولَادِكُمۡ لِلذَّكَرِ مِثلُ حَظِّ الأُنثَيَينِ]
Sura an-Nisa•; (4):11
]Meaning: Allah commands you regarding your children's inheritance; for the male is a portion equal to that of two females.]

This is a general ruling regarding children inheriting from their fathers and mothers and includes all parents and their children. The Sunnah then particularized this ruling to those who pass away other than the Prophets, by his saying: "Our property is not inherited; that which we leave is charity."[146]

(iii) It restricts that which is absolute in the Noble Quran:

so for example in His saying –He the One free of all imperfections–:
]وَالسَّارِقُ وَالسَّارِقَةُ فَاقطَعُوٓاْ أَيدِيَهُمَا]

 Sura al-Maaidah; (5):38
 ]Meaning: And the male thief and the female thief: then cut off the hands of both of them.]

The cutting is not restricted to a particular part of the hand; and [in the Arabic language] the term 'Yad (hand)' is used to refer to the forearm, just as it is used to refer to the upper arm, lower arm, and the palm. The Sunnah then restricted the cutting to the wrist, when a thief was brought before the Messenger (Peace be upon him)of Allah , and he established the penalty upon him by cutting his hand off from the wrist[147].

The Third:
That the Sunnah brings additional detail to a fundamental mentioned in the Noble Quran:
For example:
the prohibition of selling fruits before their condition becomes apparent. After the Prophet (Peace be upon him) emigrated to Medina he found the farmers would sell their fruit before its condition became apparent, with both the buyer and seller not knowing the amount or condition of that which they were trading. This ultimately led to disputes between the two parties when it came to the time of harvest; either due to unexpected severe frost, or disease which destroyed the blossoms and harvest, and also caused a deficiency in fruit. Therefore the Messenger (Peace be upon him) of Allah  forbade this type of selling as long as the condition of the fruit remained unknown[148], so he said: "If Allah withholds the crop – with what right would one of you take the wealth of his brother?"[149]

This contains additional detail to the tremendous foundation mentioned in His saying –He the Almighty–:
]لَا تَأۡكُلُوٓاْ أَموَالَكُم بَينَكُم بِالبَاطِلِ إِلَّآ أَن تَكُونَ تِجَارَةً عَن تَرَاضٖ مِّنكُمۡ]
 Sura an-Nisa•; (4):29
 ]Meaning: Do not consume your wealth among yourselves unjustly but only in lawful business by mutual consent.]

The Fourth:
That the Sunnah mentions rulings not found in the Noble Quran:
[this category] is not in clarification of the Quran, nor is it a practical implementation affirming that which is mentioned within it. For example: the prohibition of eating the meat of domestic donkeys, and the meat of fanged animals, and the prohibition of marrying a woman and her paternal or maternal aunt at the same time, and the additional mourning of a widow for more than the duration mentioned in the Noble Quran, and other than that.

All of this is Sunnah; obligatory upon us to act in accordance with.

This is the view of all reputable scholars from the nation of Islam –regardless of place or time–.[150]

Imam ash-Shafi`ee –may Allah have mercy upon him– said:
"Whatever the Messenger (Peace be upon him) of Allah legislated regarding that which Allah does not have a ruling in – then he did so according to the rule of Allah; just as Allah informed us in His saying:
]وَإِنَّكَ لَتَهدِيٓ إِلَىٰ صِرَٰطٖ مُّستَقِيمٖ ٥٢ صِرَٰطِ اللَّهِ]
Sura Shuraa; (42):52-53
]Meaning: And you, O Muhammad guide to a straight path – the Path of Allah.]

Prophet Muhammad (Peace be upon him) would legislate alongside the Book of Allah, just as he would legislate things not mentioned with the exact wording of the text of the Book. Allah has made it binding upon us to follow him in all that he legislated, and He made following him obedience to Him, and He made averting following him disobedience to Him. This is something He does not pardon any of the creation regarding, and He has not made a way out for anyone to avoid following the Messenger (Peace be upon him)of Allah."[151]

Shaykhul-Islam Ibn Taymiyah –may Allah have mercy upon him– said:
"It is upon us to follow that which is authentically established from him of the Sunnah, even if it is said: 'It is in the Quran and we do not understand it', or it is said: 'It is not in the Quran'."[152]

He also said:
"Everything that is in the Quran then the Messenger (Peace be upon him) is in agreement with; and likewise, everything that the Messenger of Allah  (Peace be upon him) legislated, then the Quran commands with following him."[153]

He also says:
"It is not necessarily the case that everything that occurs in the Sunnah is explained in the Quran; because the Messenger (Peace be upon him) was the intermediary for His Commands and Forbiddances, and for His Allowances and Prohibitions."[154]

Thus the Sunnah is the second source of Islamic legislation.

--------------------------------------------------------------

(143) See: 'Akhbaar al–Aahaad fee al–Hadith an–Nabawi' (pp. 18).

(144) Reported by al–Bukhari (no. 1757 and 5662).

(145) Reported by Muslim (no. 1297).

(146) Reported by al–Bukhari (no. 2926); and Muslim (no. 1757).

(147) Reported by al–Bayhaqi (no. 2626); and see: 'Subul as–Salam' (4/27–28).

(148) See: 'Fathul–Baari' of Ibn Hajar (5/298).

(149) See: 'Fathul–Baari' (5/302).

(150) See: 'al–Mukhtasar al–Wajiz min `Uloom al–Hadith' (pp. 34–38); and 'Akhbar al–Aahad' (pp. 18).

(151) 'ar–Risalah' of ash–Shaafi`ee (pp. 88–89).

(152) 'Majmoo` al–Fatawa' (5/163).

(153) 'Majmoo` al–Fatawa' (7/40).

(154) Ibid.



Chapter Two: The Sources of Legislation in Islam 2013_110
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Chapter Two: The Sources of Legislation in Islam
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» Part One: The Reality of Islam, the Sources of its Legislation, and its Pillars.
» Chapter One: The Reality of Islam
» Chapter Three: The Pillars of Islam
»  Chapter Two: Islam, Public Health & Hygiene
» Explaining The Fundamentals Of Faith

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