19. THE SUNNAH
The Sunnah represents the record of the true sayings, actions and approvals of the Prophet which were related by his Sahaabah (companions) to the next generation of Muslims and collected in books by those scholars who came after them. After the Prophet passed away, the companions were left to run the Islamic state based on the principles found in the Quran and whatever else the Prophet had taught them. If a problem arose which could not be solved by using the Quran alone, the Khaleefah1 would ask among the companions if anyone had heard the Prophet say anything concerning it. Usually someone would get up and say I heard the Prophet say so and so, or I saw him do this or that. In this way the sayings and actions of the Prophet became common knowledge to many. As the borders of the Islamic state expanded and large numbers of people accepted Islaam, many would travel miles to come and study under the Sahaabah in order to learn Islaam. The Sahaabah would tell them what they heard the Prophet say, or show them what they saw the Prophet do. In this way the sayings and actions of the Prophet were handed down to the next generation of Muslims referred to as the Taabi‘oon. It was during the era of the Taabi‘oon that Hadeeths began to be recorded in writing on a fairly large scale, but it was really in the following generation known as the Atbaa‘ at- Taabi‘een and the generation following them that Hadeeth were organized according to subject matter and put in one of the six major books of Hadeeths called the Sihaah as-Sittah.
“The Sunnah is considered the second source of revelation based on Allah’s statement in the Quran,
“He does not speak from his desires. Verily it is inspiration which has been revealed.”3
The Prophet was given the job of conveying the final message of God to mankind.
“Oh messenger, convey what has been revealed to you from your Lord.”4
And he was also given the responsibility of clarifying for mankind God’s intent in the message.
“We have revealed the Reminder (Quran) to you, in order that you explain to mankind what was revealed to them, that perhaps they may reflect.”5
Sometimes the Prophet would explain the intent of the Qur’anic texts by making a statement, at other times he would do so by an act, and yet other times he would do so by both. For example, the Quran commanded the believers to establish regular Salaah (formal prayer) without describing how Salaah should be performed, so the Prophet prayed among his followers then told them, “Pray as you have seen me pray.” On another occasion, while he was praying a man came and greeted him, so he raised his right hand in response. His wife ‘Aa’eshah reported that when he made Sujood (prostration) in Salaah, he would keep his heels together. On yet another occasion, he passed by Ibn Mas‘oud praying with his left hand on his right, so he removed it and placed his right hand on his left. He was also reported to have said, “If any of you makes Sujood, he should not kneel as the camel does. Let him place his hands (on the ground) before his knees.”
Thus, the Sunnah was an exposition of the Quran by which its generalities were clarified and its intended meanings specified. Consequently, everything in the Sunnah is addressed in the Quran, either by inference or by direct reference. The address may be so general as to include the whole Sunnah as in the case of the verse.
“Whatever the messenger gives you, take it; and whatever he forbids you, leave it.”11
Or the address may indicate generally defined laws, the details of which are left to the Sunnah. Hence, the Sunnah may explain the methodology, reasons, requirements and location, or it may explain the inclusions which could not be logically deduced. An example of such inclusions may be found in the case of forbidden foods beyond those mentioned in the Quran. Allah does state in reference to the Prophet.
“He made lawful for them the good (and pure) things and forbade them the bad (and impure).”12
Anas ibn Maalik said, ‘On the day of the Battle of Khaybar, a visitor came and said, ‘Oh messenger of Allah, the donkeys have been eaten.’ Then another came and said, ‘Oh messenger of Allah, the donkeys are being destroyed.’ Allah’s Messenger then sent Abu Talhah to make an announcement: Allah and His Messenger have prohibited you from eating the flesh of domesticated donkeys,for it is bad (and impure).”
Or the address may indicate general principles from which the Prophet may deduce rulings. Such rulings may be confirmed by Allah if correct, or corrected by Allah if incorrect. Among what appears to be confirmed deduced rulings is the case of marriage to a woman and her maternal or paternal aunt. The Quran forbids marrying a woman and her daughter or the simultaneous marriage of two sisters, then says,
“Except for these, all others are lawful…”14
However, Abu Hurayrah reported that Allaah’s Messenger said, “One should not combine a woman and her father’s sister in marriage, or a woman and her mother’s sister.” This ruling may have been deduced because the reason for prohibiting the combination of a woman and her daughter or two sisters, is present in the combination of a woman and her aunt. For, among the narrations of this statement of the Prophet is the explanatory addition, “If you do that, you will break family ties.” That is, in the same way that the sanctity of the relationship between sisters, or a mother and her daughter, would be destroyed by the spirit of rivalry found between co-wives, it would also be destroyed between a woman and her aunt.
Among the examples of deduced rulings which were not confirmed is that of the Dhihaar divorce. Khawlah bint Tha‘labah said, “ My husband, Aws ibn as- Saamit, pronounced the words: You are to me like my mother’s back. So I came to Allaah’s messenger to complain against my husband. However, the messenger of Allah disagreed with me and said, ‘Fear Allah, He is your cousin.’ I continued complaining until the verse was revealed:
“Allah has indeed heard the statement of the woman who disputed with you concerning her husband and carried her complaint to Allah, and Allaah hears your discussion. Surely Allaah hears and sees all things. If any men among you declare their wives like their mothers (DHihaar), they cannot be their mothers. None can be their mothers except those who gave birth to them. They use bad words and falsehood.
The Prophet had accepted DHihaar as being a valid form of divorce and had told Khawlah to accept it, however Allaah declared it invalid. There also exists another category of unconfirmed deduced rulings which demonstrate that the Sunnah is limited to confirmed religious rulings and exclude personal habits and customs of the Prophet which he did not instruct his followers to follow. Raafi‘ ibn Khadeej reported that Allaah’s Messenger came to Madeenah and found the people grafting their date-palm trees. He asked them what they were doing and they informed him that they were artificially pollinating the trees. He then said, “Perhaps it would be better if you did not do that,” When they abandoned the practise, the yield of the date-palms became less. So they informed him and he said, “I am a human being. So when I tell you to do something pertaining to religion, accept it, but when I tell you something from my personal opinion, keep in mind that I am a human being.” Anas reported that he added, “You have better knowledge (of technical skills) in the affairs of this world.”
The Prophet further informed his followers that even in the case of legal judgments with regard to disputes brought before him, he could unintentionally rule incorrectly, as some of such decisions were based on his own opinion. Umm Salamah reported that Allaah’s Messenger said, “I am only a human being, and you bring your disputes to me. Perhaps some of you are more eloquent in their plea than others, and I judge in their favor according to what I hear from them. So, whatever I rule in anyone’s favor which belongs to his brother, he should not take any of it, because I have only granted him a piece of Hell.” Such decisions based on personal reasoning represented training for the companions of the Prophet in the methodology of application of the Sharee‘ah. It taught them that a judge is not held responsible if he makes a mistake in judgement due to factors beyond his control. And, in order to further emphasize this important point, the Prophet also said, “Whoever makes a reasoned decision (Ijtihaad) and is correct will receive two rewards, while he who does so and is incorrect will receive one reward.” However, such decisions have to be based on knowledge, for the Messenger of Allah also said, “There are three types of judges; one who will go to paradise and two who will go to Hell. The one in paradise is the man who knows the truth and judges according to it. The man who knows the truth and is unjust in his judgement will be in Hell. And the man without knowledge who makes judgement for people will also go to Hell.” The Prophet also encouraged his companions to make legal rulings in order to prepare them to carry on the application of the Sharee‘ah after he left them.
‘Alee ibn Abee Taalib said, “Allah’s Messenger sent me to Yemen as a judge, so I asked, ‘Oh messenger of Allah! You are sending me and I am young, and I have no knowledge of giving judgement?’ He replied, ‘Allah will guide your heart and keep your tongue firmly (attached to the truth). When two litigants sit before you, do not decide until you have heard what the other has to say the way you heard the first, for it is more suitable for the correct judgement to become clear to you.’”
Abu Sa‘eed al-Khudree was reported to have said, “The QuraydHah tribe surrendered on the condition that it would be Sa‘d ibn Mu‘aadh who would pass judgement on them, so the Messenger of Allah sent for him. When Sa‘d approached the Masjid riding on a donkey, Allaah’s Messenger said to the Ansaar (Muslims of Madeenah), ‘Stand up to receive your chief.’ And he said to Sa‘d, ‘These people have surrendered accepting your decision.’ Sa‘d said, ‘Execute their warriors and take their women and children as prisoners. On hearing that the Prophet said, ‘You have judged according to Allaah’s judgement.’”
The process of arriving at reasoned decisions to suit new circumstances and the decisions themselves are referred to as Ijtihaad. As has been seen, both the Prophet and his companions practised Ijtihaad during this stage in the development of Islamic law. However, it should be noted that the Ijtihaads of the Prophet which occurred during this period are not considered an independent source of law, because their validity depended on divine revelation for confirmation. Thus, the Ijtihaads of the Prophet were essentially a means of giving the companions lessons in the methods of Ijtihaad, and the Ijtihaads of the Sahaabah, at this early stage, were basically for practice.”
Examples of Laws Derived from the Sunnah
1. Inheritance
The division of inheritance for close family members is clearly explained in the Quran. But, the leaving of wealth for non-Muslim relatives is not mentioned in the Qur’aan. In the Sunnah we find that the Prophet said, “A Muslim may not inherit from a non-Muslim, nor may a non-Muslim inherit from a Muslim.”
2. Theft
The minimum amount for which a thief’s hand may be cut off and how much of the hand is to be cut off can only be found in the Sunnah. ‘Aa’ishah reported that Allaah’s Messenger said, “ The hand of a thief can only be cut off for (the value of) a quarter of a dinar and upwards.”
By Bilal Philips
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