The Sunnah And Its Role In Islamic Legislation

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Dr. Mustafa as-Siba’ee Language: English | Format: PDF | Pages: 573 | Size: 16 MB The Sunnah and its Role in Islamic Legislation is a groundbreaking effort by Dr. Mustafa as-Siba’ee, for it has a completeness to it in two regards: first, the author manages to cover all topics related to the Sunnah—its status, its legislative force, the stages that led to its recording, just to mention a few—in a comprehensive and organized manner. Second, he presents the views of those that have attacked the Sunnah throughout history, detailing their arguments and then refuting them. Among those groups from the past were the Shi’a and the Mu’tazilah; today, they are mainly the Orientalists and those that are influenced by them.

Transcript of The Sunnah And Its Role In Islamic Legislation

  • 1.JLbe ~unnaanbit~ role in3fslamic legislation Dr. Mustafa as-Sibaee Translated byFaisal ibn Muhammad Shafeeq

2. Table of ContentsArabic honorific symbols used in this book.14Transliteration Chart, 15Translators Foreword ,, , 17Dedication .23Introduction to the Second Edition 25Introduction .29Preface33SECTION ONEThe Meaning of the Sunnah and how it wasTransmitted and Recorded , 71Chapter OneThe Definition of "Sunnah" 73It was obligatory to follow the Prophet during his lifetime, and after his death as well 77How the Companions would receive the Sunnah from the Messenger of Allah ,89Why was the entire Sunnah not recorded during the life of the Messeger of Allah 91The Companions attitude regarding the Sunnah after the Prophets death95Did Vmar imprison anyone from the Companions for relating a great deal of hadiths? 98 3. 6Table of ContentsDid the Companions stipulate conditions for a narration from a Companion to be accepted? 100The Companions journeys to v;uious lands in order to seek out hadiths 106Chapter TwoFabricated Hadithsl09When did fabrications first appear? 109In which generation did fabrications begin to thrive? 110The causes that led to fabrication and the settings in which it thrived l13First, Political differences114 Would the Khawfuij fabricate lies againstthe Messenger of Allah? 117Second, the Zanadiqah 119Third, Partisanship or fanaticism for ones race, tribe, language, country or Imam,121Fourth, Stories and sermons 122Fifth, differences in fiqh123Sixth, Ignorance of the religion, yet with a desire to do good 124Seventh, Currying favor with kings and leaders124Chapter ThreeThe Efforts of the Scholars to Purify andAuthenticate the Sunnah l27The Scholars war on Fabricators and Fabrications 127First, the chain of the narration 128Second, Verifying the authenticity of Hadiths 129Third, Criticism of narrators 130Fourth, Establishing general principles to categorize differenthadiths and to distinguish between its categories134 First, the ~aljeelj hadith 134 4. The Sunnah and its role in Islamic legislation 7Second, the 1}asan hadith 134Third, tjaeej (weak) 135The signs that a narration being fabricated 137The signs of fabrication in the chain , 137The signs of fabrication in the aetnal text of a narration139Chapter FourThe Fruits of those Labors145First, the recording of the Sunnah,145Second, the science of Mu~talal;ul-lfadeeth, 152Third, the science of conunending or refuting narrators155Fourth, branches of knowledge within the science of Hadith 161Fifth, books on fabrications and fabricators ,.172Sixth, compilations of famous Hadiths , 175SECTION TWOVarious Doubts Raised Concerningthe Sunnah Over the Centuries I77Introduction, ,,179Chapter FiveThe Sunnah vis-a-vis the Shiah and Khawfuij181The Khawiirij,, 186The Shiah187The majority of Muslims 188Chapter SixThe Sunnah vis-a-vis the Mutazilah and the Mutakallimeen191Chapter SevenThe Sunnah vis-a-vis those from the Early Centuries who Rejected its Legislative Status201 5. 8Table of ContentsChapter EightThe Sunnah vis-a-vis Contemporary Personalities who Reject it....215The answer to the first argument...219In refutation of As-Sidqees second argnment...221Answering As-Sidqees third argnment... .223A refutation of the fourth clalin227Chapter NineThe Sunnah vis-a-vis those who Reject the Validity of AlyM Narrations.235The argnments of those who reject thevalidity of AlJiid narrations237A refutation of the aforesaid argnments,.239Proofs indicating the validity of AlJiid narrationsas binding proofs in Islam 241Chapter TenThe Sunnah vis-a-vis the Orientalists251Historical overview of the Orientalists and their objectives 251A summary of Go1dzihers attacks against the Sunnah.254In response to Goldzihers claims 258 Were most hadiths fabricated as a result of progress among the Muslims? ,.259 The Umawiyoon and Islam .261 Were the scholars of Madinah fabricators?264Did our scholars sanction lying in orderto protect the religion?.267How did fabrications begin? 268 Did the Umawee government implicate itselves in the fabrication of hadiths?269 6. The Sunnah and its role in Islamic legislation9Did Muawiyah implicate himself in theinvention or spreading of fabrications?270Did the Umawiyoon use Az-Zuhri to fabricate hadiths? 271Imam Az-Zuhri and his status in history272His name, birth, and life,.272His most prominent traits and characteristics.273His fame and popularity ,276The scholars praise for him.............................................277His status in the Sunnah 277His contribution to the knowledge of the Sunnah , 278What the scholars of narrator criticismhad to say about Az-Zuhri.279Who related from him - either directly orindirectly through others280In refutation of the doubts raised about Ituam Az-Zuhri 281Ituam Az-Zuhris attachment to the Umawiyeen .28lThe story of the rock and the Hadith,"Do not undertake to travel..." ,.286The story of Ibraheem ibn al-Waleed al-Umawee.290Az-Zuhris saying, "They coerced us to write hadiths" 292"Az-Zuhri frequented the castle andwalked among the retinue of the ruler",.294His pilgrimage with Al-l;Iajjaj.294His training of Hishams children.295His appointment as judge ,295Chapter ElevenThe Sunnah vis-a-vis Some Contemporary Writers who Reject it. .303A summary on the "Hadith" chapter in Fajr al-Isliim .304Did fabrications begin during the lifetime of the Messenger? 306Hadiths of Tafseer 310 7. 10 Table ojContents Is Imam Bukharis $aT;eeT; comprehensive of all that is authentic?315 Was AbduWili ibn al-Mubfu:ak negligent?.319 The Hadith "Block off all doors".325 AT;Eideeth (Hadiths) about virtues.327 The hadiths of Abu I.Ianeefah .329 Did people exaggerate in their dependence on the Sunnah? 330 The uprighmess of the Comapanions .334 Did the Companions ever accuse one another of lying? 335 Disagreement among the scholars in grading narrators.341 The principles of criticism in the chain and in the text.344 Rules laid down by the scholars for criticizing Hadith.345 A criticism of Hadiths in $aT;eeT; al-Bukhari .358 A first hadith......................................................................358 The second hadith .361The third hadith.................................................................363The fourth hadith.364 Applying AT;Eid narrations 367 About Abu Hurayrah 368 His uame and nickname .368 His Islam and Companiouship .369 His traits and qualities .369 His piety and worship .370 His prodigious ability to retain information.372 The Companions and scholars praise of Abu Hurayrah 374 Those he related from and those who related from him 375 His sickness and death .376 Ahmad Ameens accusations against Abu Hurayrah .376 Did some of the Companions criticize Abu Hurayrah 377 Abu Hurayrah did not commit his narrations to writing 383 8. The Sunnah and its role in Islamic legislation 11 "He would relate that which he did not hear".384"The Companions found fault with him for abundantly relating too many hadiths".388"At times, the J::Ianafiyah forsook his hadith" .394"Fabricators took advantage of his many narrations" .398Abu Rayyah ,, .399Abu Hurayrahs name , ,..399His roots and his early years 40lHis illiterateness402His poverty .403The reason Abu Hurayrah accepted Islam and kept company with the Messenger of Allah ..405The story of his hunger and his constant accompaniment of the Prophet...408His playful joking.416"People mocked him" .419His many hadith narrations.421"His favoring of Bani Umayyah",..430A general word about Abu Hurayrah .431A general word about Abu Rayyah and his book. 437SECTION THREEThe Ranking of the Sunnah in Islamic Legislation443Chapter TwelveHow the Sunnah Ranks with the Quran445Is the Suonah an independent legislative authority?..450The proofs of those who say that the rulings of thethird category are independently legislated.., ..454Proofs of those who deny the independent statusof the Sunnah in legislation ,,.457 9. 12Table ofContentsThe difference of opinion in this issue is superficial, revolving simply on a choice of wording.459Chapter ThirteenHow the Quran Emcompasses the Sunnah.461Stories from the Sunnah.., .468Chapter FourteenAbrogation of the Quran by the Sunnah and Abrogation of the Sunnah by the Quran.469Abrogation in the Quran.469The Sunnah abrogated by the Quran , 470Abrogation of the Quran by the Sunnah.472When will we fill the gap?.475o Enemy of Allah! We will continue to proclaim the troth 480APPENDIXThe Four Imams and the Compilers of the Six Books 4851 - Imam Abu l;Ianeefah.487His lineage, birth and death 487 His formative years and schooL .487 The foundations upon which his school was established 488The controversy surrounding him .489 The reasons for the controversy.490What Mill and others said about hnam Abu l;Ianeefah 497The result of the controversy, 500Did Abu l;Ianeefah have only a small collectionof hadiths with him? .....................................................50 IDid Abu I;1aneefah give precedence toopinion over hadith?.508Examples of Abu I;1aneefah s understanding of certain hadiths .517 10. The Sunnah and its role in Islamic legislation13The study circle of Abu J::Ianeefah520A just word5222 - Imam Millik , , , .523 His life and status in knowledge .523 The principles upon which his schocj[ is founded524 Al-Muwarrii : Its status, hadiths and conuuentaries525Is al-Muwarrii a book of fiqh or a book of hadith?529Dr. Alis reasoning 5303 - Imam Ash-Shafi ee 535His life and status as a scholar.535His role in defending the Sunnah.536The foundations of his school....5374 - Imam A1}mad539His life and status as a scholar.,,539The principles upon which his school was built... .540The Musnad: Its ranking and hadiths .5405 - Imam Bukhari 5436 - Imam Muslim..5477 - Imam An-Nasai and his Sunan, .5518 - Imam Abu Dawood and his Sunan .5539 - Imam At-Tirmidhi and his Jami55510 - Imam Ibn Majah and his Sunan 557 The ranking of his Sunnah557Glossary559Index 567 11. Arabic honorific symbols used in this book(iil) : SubiJanahu wa Ta ala -The Exalted."(~) : $alla-Allahu Alayhi wa Sallam -"Blessings and peacebe npon him."(li1li) : Alayhis-Salam - "May peace be upon him."(~) : Rcujia-Allahu Anhu -"May Allah be pleased with him."(~) ; Rcujia-Allahu Anha -"May Allah be pleased with her." 12. Transliteration Chart a -::. U!! d_ ~; -:.~ f-:!, ~ ?:i ~I J"~ cJ._ JyJ I ,.!. ~>J" ~ _.~( ".~ F 1r ,t J >, r;~k" ~:;((1 : ~I _!J--) ~~- ,.....-1 c>:!,,! ~ ~, j->",-J,. ~- ~J-",I >/ ~And [remember] when Eesa [Jesus], son of Maryam [Mary], said:0 Children of Israel! I am the Messenger of Allah unto you,confinning the Torah which came before me, and giving glad tidingsof a Messenger to come after me, whose name shall be Al;1mad. .. )(Quran 61: 6) ,,-__ b il~~ I>~: .:~ l.i;:: ,;~ ~:;jb ~~k &? i7 cH~ ~ ~~ ~jJ ~( r~ _"") . c- ..J.Y"lW .,. jl15::Ji ~ ..L.J.... ~G:I ~ :J, L :JJJ ,_,i;;~~i c>.:Ji ~ ;)Wl,:; .ASi ,;V~, ,1 " _GFi :;:l>. Of"r(1! : ~I .!"...)..fit "---~Y.. 1Y:.~""?/ ~.,. ~i~And We have not sent down the Book [the Quran] to you [0Muhammad], except that you may explaiu clearly unto them thosethings in which they differ, and [as] a guidance and a mercy for a folkwho believe) (Quran 16: 64)When people differ, they must accept the Prophets ruling:~But no by your Lord, they can have no Faith, until they make you [0Muhammad] judge in all disputes between them, and find inthemselves no resistance against your decisions, and accept [them]with full submission)(Quran 4: 65)The Prophet ~) was given the Quran and the lfikmah inorder to teach the people the rulings of their Religion: 75. The Sunnah and its role in Islamic legislation79I~j!; .-,.- -1 . .{-/ ,:...., -:...,.,; / , ~-I Jc.// ~I ~/ ~-:t~ - . /// I . " I", r"- ~ J. ~~"".> I!". ~-b ulJ ~IJ . ,. / ,,/,u :.-c..: h/ ,.J n.:-;-~.J ~~./.(,,, t : "I~ JI i~r) ."I$.L".~ ~;f ~;,"{~~" ,~Indeed Allah conferred a great favor on the believers when He sentamong them a Messenger [Muhannnad] from among themselves,reciting unto them His Verses [the Quran], and purifying them [fromsins by their following him], and instructing them [in] the Book [theQur an] and the Ijikmah [the wisdom and the Sunnah of the Prophet],while before that they had been in manifest error.~ (Quran 3: 164) The vast majority of scholars from the early and latergenerations of Islam hold that the I:Jikrnah referred to in the previonsverse must be something other than the Qur an, The I:Jikmah is thatwhich Allah (~) informed the Prophet (~) about in terms of thedetails of the Religion and rulings of the Sharia, which the scholarscall the Sunnah. Imam Ash-Shiifiee said,"Allah (~) mentioned the Book, which is the Quran; He (~) alsomentioned the I:Jikrnah, and I have heard certain scholars - whom Itrust - say that the I;Iikmah is the Sunnah of the Messenger of Allah(~), .. it is therefore not right - and Allah (~) knows best - to saythat the I;Iikmah is anything other than the Sunnah of the Messengerof Allah (~)." By means of a conjunction, Allah (~) coupled the Quranwith the I;Iikmah, meaning that they necessarily refer to two differentthings. Furthermore, from the verse, we see that it is compulsory tofollow the I:Jikrnah just as it is compulsory to follow the Qur an, andwe already know that Allah (~) made it binding on us to follow onlythe Qur an and the Sunnah. That it is obligatory to follow the Prophet~) is mentioned clearly in this verse: 76. 80 The Definition of "Sunnah "/ " .t~.. , 4 ~ ..~ f I~L-hl . ,>,/,,, ...:.~ ;J~ nl; ... ). ,.~ --- ,.J ~ if r+-r:: J ))> r-"Y"".7~: :-:-f -1~......., ~ .-r-"J"". r+- ~- .. " t-r:J .. J(, oV :Jl~)l1 OJ)~e{ .. He commands them [to practice] al-Maroof [all that Islam hasordained]; and forbids them from al-Munkar [all that Islam hasforbidden]; he allows for them as lawful all that is good and prohibitsas unlawful for them all that is evil, he releases them from their heavyburdens [of Allahs covenant], and from the fetters that were uponthem... ~(Quran 7: 156)~He commands them [to practice] al-Marooj): Because the wordingused here is general, it embraces both commands from the Quranand commands from other revelation - that is, the Sunnah. AI-Miqdiim ibn Maadykarib ( . ) related that the Messenger of Allah(~) said, Indeed, I have been given the Book and, with it, thatwhich is similar to it. 15That Muslims must follow the Prophet (~) in what hecommanded and prohibited is indicated by this verse:(V :~ "r)~ ... And whatsoever the Messenger [Muhannnad] gives you, take it,and whatsoever he fotbids you, abstain [from it] .. J (Quran 59: 7)In many verses of the Qur an, obedience to the Messenger ofAllah (~) is coupled with obedience to Allah, such as in this verse:(n:01~JTo"r) "t~,; . /0, > ill) ~ c ~ .~~ ,;r (I f;R