Sunnah as a source of Islamic law
Introduction:-
Allah has given legislative powers to the Holy Prophet (PBUH), where on a given matter the Holy Quran is silent then the teachings and examples of the Holy Prophet (PBUH) provide us guidance. Sunnah is the practice of Holy Prophet (PBUH). It is the second source of Islamic law and plays a pivotal role in Islamic Legislation. The all life of Holy Prophet (PBUH) is code of conduct for all Muslims. The Muslims can make progress by following that course. In the present world only reason for the back wardness of the Muslims is that the Muslims have left the way (course) of the Holy Prophet (PBUH) and thus deprived of a good status in the modern world.Meaning:-
a. Literal Meaning;-
In literal sense the word “Sunnah” a mode of life, a manner of acting, a rule of conduct.b. Linguistics Meaning;-
Linguistically, the word “Sunnah” means “A well-trodden path or way”. The word Sunnah has been derived from the term. “Snn” which means straightness, clarity.c. In views of the Ulema of Hadith;-
Sunnah means “Everything that relates to the Prophet i.e. his words, acts, conduct and behaviour etc.”d. In view of Ulema of Usul Al-Fiqh;-
Sunnah means “second primary source of deriving law”.e. In view of Islamic Jurisprudence;-
In Islamic Jurisprudence Sunnah means, “Model Behaviour of the Prophet (PBUH)”.Although in pre-Islamic Arabic this term was in vague and used in reference to customs but Imam Shafi is the jurist who declared that by Sunnah we mean only the Prophet’s behaviour, which is to be followed by his ummah.Kinds or Classification of Sunnah:-
The Sunnah is classified into followings kinds.a. Sunnah Qualiyah.
There are the statements and sayings of Holy Prophet (PBUH) have a predominant role in the Islamic legal systems. Now it is the duty of every Muslim that they must act according to their sayings.b. Sunnah Failiyah.
All methods of performance of, actions and conduct of daily life of the Holy Prophet (PBUH) come under this kind. The companions of Holy Prophet (PBUH) give us detail about the actions of Prophet Muhammad.c. Sunnah Iqrariyah.
These are the acts which were performed before the Prophet Muhammad (PBUH) by the other people and Holy Prophet (PBUH) responded in Silence.Sunnah is the explanation of Holy Quran:-
Quran is a book of Allah which contains the most broad and general regulations for human life. There principles were demonstrated, explained and interpreted by the Holy Prophet (PBUH).Holy Quran Says:-
“Whoever obeyed Prophet (PBUH) he indirectly obeyed Allah.”
Holy Quran explains the role of Holy Prophet (PBUH):-
“I send with clear proofs and books. And I revealed to you the reminder (Quran) so that you make clear to men what has been revealed to them and that they may give thought.”
If we open the Holy Quran, we will see a long theory regarding our acts of conduct etc. but the practical picture of Quran in visible in the actions of the Prophet, it means we are indirectly following teachings of the Quran.
Holy Quran says:-
“And he does not speak of his own desire, it is all revealed on him”
Validity:-
Sunnah is not something separate from the Qur’anic law; as a matter of fact; it is part of the law according to the Holy Quran. To challenge its validity amounts to challenge the Quran and Allah’s order of delegation.Secondary Source of Islamic Law:-
In the Holy Quran the verse from Surah Al-a-raf is giving support to the fact that Sunnah i.e. the acts, saying, decision etc. of the Prophet Muhammad (PBUH) are indeed a primary source for deriving law. There is a Hadith of Prophet Muhammad (PBUH) in the same effect i.e.“Beware, I am giving the Holy Quran and something (Sunnah) along with it.”
Importance of Sunnah:-
i. Meaning of Holy Quran is general, i.e. the Sunnah makes it particular and specific.ii. Sunnah may add the supplement the legal provisions of the Holy Quran.
iii. Absolute declarations of the Holy Quran are qualified by Sunnah.
iv. Qur’anic injunction is sometimes implicit and Sunnah makes it explicit by providing essential ingredients and its details.
Function of Sunnah/Role of Sunnah in Islamic Legislation:-
The various ways that the Prophet Muhammad (PBUH) employed his legislative powers are following.i. Interpretative Function.
ii. Supplementary Function.
iii. Derivative Function.
iv. Repeal.
v. Implementation.
vi. Unveil the mysteries
vii. Role Model
viii. Preaching
ix. Explanation.
There the first three functions are most important role in legislation, so discussed briefly below.
i. Interpretative Function
Interpretative legislation means to lay down a precedent by interpreting the original text of Holy Quran. In this legislative dimension Sunnah perform two main functions.(A). Specification of General Rule
Meaning of Holy Quran is general, the make it specific and partial.For Example
a. Holy Quran says in Surah Al-Nisa “After any bequests he may have made or debts have been paid.”The Prophet Muhammad (PBUH) specified that the bequest must not exceed the one third of the property and that debt take precedence over bequests and inheritance.
b. The division of inheritance is clearly stated in Holy Quran but living of wealth for the non-Muslims relatives is not mentioned in Holy Quran. The Prophet Muhammad (PBUH) specified that “A Muslim may not inherit from a non-Muslims nor a non-Muslim inherit from a Muslim.”
(B). Explanation of Implicit
The Qur’anic injunctions are sometimes implicit and Sunnah makes it explicit by providing essential ingredients details.a. The Holy Quran says, “And we revealed the Quran on you so that you may explain to the people what is gradually revealed to them.” For example relating to above verse, Holy Quran orders Prayers, Sunnah provides for manner and time.
b. In Holy Quran, Allah has clarified some of the Haram and Halal. In case of eatables and for the rest according to Quran “A general injunction is there” the Holy Prophet (PBUH) mentioned the details of “Haram” and “Halal” things.
c. The Holy Quran forbids the Nikah of two real sisters by a man at the same time. The Holy Prophet (PBUH) included aunt (maternal or paternal), and niece also under this command.
ii. Supplementary Function
Supplementary functions of Sunnah are actually the original legislation by Sunnah. In supplementary function Sunnah adds original conditions to the Hukm given in the Quran. This capacity of Sunnah provides another argument in favour of Sunnah as Wahi-Ikhafi.a. Supplementation by way of Explanation:
In the Holy there is a Hukm to perform Salat. Sunnah supplements it by explaining its method. This supplementing by way of explanation by actions of the Holy Prophet Muhammad (PBUH).b. Supplementation by way of qualification:
The Sunnah made the absolute legal injunctions of Holy Quran subject to certain Qualifications.For Example
i. In case of theft the hand of the thief shall be cut off as enjoined by the Hudood Allah, but Sunnah has laid down certain conditions for its implementation like convict should not be a lunatic, should not be a child etc.
ii. Quran sets the punishment of fornication as hundred stripes. According to Sunnah the punishment for adultery is stoning to death (Rejam).
c. Supplementation by way of exception:
Through Sunnah the Prophet Muhammad (PBUH) has created certain exceptions to the general rule laid down by Quran. For example fish can be eaten without slaying.iii. Derivative Function:
The derivative function of Sunnah is different from interpretative and supplementary function. It is not an original legislative function. The Hukm in already present in Quran, we derive the rule through Sunnah.Therefore these above explained are rule of legislation that an authority who has power of law making can also delegate his powers to some person or institution to frame the by-laws or rule for smooth running of the procedural law. The by-laws are not separate from the actual law but are the part and parcel of that law. These by-laws complete the real law. Allah has adopted the same method in his law making.
Distinguished between Hadith and Sunnah
Generally people believe that the terms of Hadith and Sunnah cannot the same meaning, they regard generally the precepts of Holy Prophet Muhammad (PBUH) as Hadith or Sunnah. This concept is not altogether correct. We may distinguish Hadith and Sunnah as follows.- Generally Hadith refers to the sayings of the Holy Prophet Muhammad (PBUH)
- Whereas Sunnah refers to the acts of the Holy Prophet Muhammad (PBUH)
- Hadith is the statements or dictates of the Holy Prophet Muhammad (PBUH)
- Whereas Sunnah is practices of the Holy Prophet Muhammad (PBUH)
- Sunnah is embodied in Hadith
- But Sunnah is not itself a Hadith
- Hadith refers to a tradition or story of the Holy Prophet Muhammad (PBUH).
