The Status of Sunnah in Islam

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Shehzad Sattar
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The Status of Sunnah in Islam

Postby Shehzad Sattar » Tue Sep 13, 2016 12:49 am

The Status of Sunnah in Islam

by Muhammad Nasir-ud-deen Al-Albaani (Rahimahullah)

Introduction

All praise is for Allaah, and may the peace and blessings be on the Messenger of Allaah, and on his family and his Companions. To proceed:

This is a lecture that I once gave in the city of Doha, the capital of Qatar, during the blessed month of Ramadaan of 1392H. Some brothers suggested that I print it due to the important benefits contained within it, and due to the Muslims’ need for something like it. So responding to their request, I am now distributing it generally so that it may be benefited from and so that it may serve as a reminder. I have added some explanatory headings to it for each section, in order to assist the noble reader in collecting its main ideas. I hope that Allaah, Mighty and Majestic, will record me as being from among those who defend His Religion and aid His Legislation. And I hope that He rewards me for that, verily, He is the most Generous of those who are asked.



The Status of the Sunnah in Islaam and a Clarification that the Qur’aan is not sufficient over it:

Verily, all praise is due to Allaah. We praise Him, we seek His refuge and we ask for His forgiveness. And we seek refuge in Allaah from the evils of our souls and from the evils of our actions. Whomsoever Allaah guides, there is no one that can lead him astray and whosoever is led astray, there is no one that can guide him. I bear witness that there is no deity that has the right to be worshipped except Allaah – He stands alone and with no partner. And I bear witness that Muhammad (Sallallaahu Alayhi Wassallam) is His slave and His messenger.

﴿يأَيُّهَا الَّذِينَ ءَامَنُواْ اتَّقُواْ اللَّهَ حَقَّ تُقَاتِهِ وَلاَ تَمُوتُنَّ إِلاَّ وَأَنتُم مُّسْلِمُونَ

“O you who believe! Fear Allaah as He ought to be feared and do not die except while you are Muslims.” [Surah Aali 'Imraan: 102]



﴿يَـأَيُّهَا النَّاسُ اتَّقُواْ رَبَّكُمُ الَّذِى خَلَقَكُمْ مِّن نَّفْسٍ وَحِدَةٍ وَخَلَقَ مِنْهَا زَوْجَهَا وَبَثَّ مِنْهُمَا رِجَالاً كَثِيراً وَنِسَآءً وَاتَّقُواْ اللَّهَ الَّذِى تَسَآءَلُونَ بِهِ وَالاٌّرْحَامَ إِنَّ اللَّهَ كَانَ عَلَيْكُمْ رَقِيباً ﴾

“O you who believe! Fear your Lord who created you from a single person (Aadam), and from him, He created his wife, and from them He created many men and women. Fear Allaah through whom you demand your mutual rights and (do not cut off the relations of) the wombs. Surely, Allaah is ever an All Watcher over you.” [Surah An-Nisaa: 1]



﴿يأَيُّهَا الَّذِينَ ءَامَنُواْ اتَّقُواْ اللَّهَ وَقُولُواْ قَوْلاً سَدِيداً - يُصْلِحْ لَكُمْ أَعْمَـلَكُمْ وَيَغْفِرْ لَكُمْ ذُنُوبَكُمْ وَمَن يُطِعِ اللَّهَ وَرَسُولَهُ فَقَدْ فَازَ فَوْزاً عَظِيماً ﴾

“O you who believe! Fear Allaah and be truthful and precise in your speech. He will rectify your deeds for you and forgive you of your sins. And whosoever obeys Allaah and His Messenger, then he has achieved a great success.” [Surah Al-Ahzaab: 70-71]

To proceed: Indeed the most truthful of speech is the Book of Allaah, and the best of guidance is the guidance of Muhammad (Sallallaahu Alayhi Wassallam). And the worst of all matters are those that are newly invented. For indeed, every newly invented matter is an innovation, and every innovation is a misguidance and every misguidance is in the Hellfire.

I think that I will not be able to present to this noble gathering, especially since it includes dignified scholars and distinguished professors, some knowledge, which they are not already aware of. If my thoughts are true, then it is sufficient for this talk of mine to just serve as a reminder, in accordance with the statement of Allaah:

﴿وَذَكِّرْ فَإِنَّ الذِّكْرَى تَنفَعُ الْمُؤْمِنِينَ﴾

“And remind for indeed the reminder benefits the believers.”

[Surah Adh-Dhaariyaat: 55]


On this blessed night amongst the nights of Ramadaan, I don’t feel that it is appropriate for my speech to be on the explanation of some of its virtues or rulings, or the merit of performing the night prayer in it. This is since it is the common practice of the lecturers and orators to present these topics that will benefit those who are fasting and bring to them, goodness and blessing. Instead I chose my speech to be on a subject that is very important, since it is one of the fundamental principles of the Religion. My talk will be about clarifying the importance of the Sunnah with regard to the Islamic Legislation.



The Position of the Sunnah with regard to the Qur’aan:

All of you know that Allaah, Blessed and Exalted, has chosen Muhammad as His Prophet and specified him for His Messenger. So He sent down His Book, the Noble Qur’aan, to him. And He commanded him in it – amongst all of the commands that He placed on him – to explain it (i.e. the Qur’aan) to the people. Allaah says:

﴿وَأَنزَلْنَا إِلَيْكَ الذِّكْرَ لِتُبَيِّنَ لِلنَّاسِ مَا نُزِّلَ إِلَيْهِمْ﴾

“And We revealed to you the Reminder so that you may explain to the people what was revealed to them.” [Surah An-Nahl: 44]

In my opinion, this “explanation” that has been mentioned in this noble ayah, consists of two types of explanation:

First: An explanation of its wording and their arrangement. This means: Conveying the Qur’aan and not concealing it, and presenting it to the people just as Allaah revealed it to his heart. This is what is meant by Allaah’s saying:

﴿يَـأَيُّهَا الرَّسُولُ بَلِّغْ مَآ أُنزِلَ إِلَيْكَ مِن رَّبِّكَ﴾

“O Prophet! Convey what has been revealed to you from your Lord.”

[Surah Al-Maa’idah: 67]


‘Aa’ishah said in a hadeeth she reported: “Whoever says that Muhammad concealed something that he was commanded to convey, then he has put forth a great lie against Allaah.” Then she recited the above ayah. [Reported by Al-Bukhaaree and Muslim]

And in the report of Muslim: “If the Messenger of Allaah concealed anything that he was ordered to convey, he would have certainly concealed Allaah’s saying: ‘And remember when you (O Muhammad) said to him (i.e. Zaid bin Haarithah), on whom Allaah bestowed His Grace and whom you favoured (by freeing him): ‘Keep your wife to yourself and fear Allaah.‘ But you hid in yourself that which Allaah will make manifest (i.e. that Allaah will give her to you in marriage). And you feared the people, whereas Allaah had more right that you should fear Him.” [Surah Al-Ahzaab: 37]

Second: An explanation of the meaning of the word or the sentence or the verse that the Ummah needs to have explained. This occurs a majority of the time with the ambiguous (mujmal), general (‘aam) and absolute (mutlaq) verses. So the Sunnah came to clarify the ambiguous, make specific the general and restrict the absolute. This was achieved by way of the Prophet’s statements, as well as his actions and approval.



The Need for the Sunnah in order to Understand the Qur’aan, and Examples for that:

Allaah’s statement:

﴿وَالسَّارِقُ وَالسَّارِقَةُ فَاقْطَعُواْ أَيْدِيَهُمَا﴾

“The male and the female thief – cut off their hands” [Surah Al-Maa’idah: 38] is a good example of this, for the word “thief” mentioned in it, is absolute, as is the case with the word “hand.”

The verbal Sunnah explains the first of these two (words) and restricts it to mean just the thief that steals a quarter of a dinaar. The Prophet: “There is no cutting off of the hand except in (cases where one steals) a quarter of a dinaar and more.” [Reported by Al-Bukhaaree and Muslim]

Likewise, the Prophet explained the second (word) with his action or with the action of his Companions and his approving of that. This is since they would cut the hand of the thief off from the wrist, as is well known from the books of Hadeeth.

The verbal Sunnah also explains the “hand” that is mentioned in the verse concerning Tayammum:

﴿ فَامْسَحُواْ بِوُجُوهِكُمْ وَأَيْدِيَكُمًْ﴾

“Then wipe your faces and hands” [Surah An-Nisaa: 43, Surah Al-Maa’idah: 6] in that it can also refer to the palm. This is based on the Prophet’s saying: “Tayammum is a tap (i.e. wipe) of the face and hands.” [Reported by Ahmad, Al-Bukhaaree, Muslim and others from the narration of ‘Ammaar bin Yaasir]

Below are some other verses from the Qur’aan that cannot be understood correctly, according to what Allaah intended, unless by way of the Sunnah.

Allaah says:
﴿الَّذِينَ ءَامَنُواْ وَلَمْ يَلْبِسُواْ إِيمَـنَهُمْ بِظُلْمٍ أُوْلَـئِكَ لَهُمُ الاٌّمْنُ وَهُمْ مُّهْتَدُونَ﴾َ

“It is those who believe and mix not their Faith with dhulm (wrong) – for them (only) there is security and they are the guided ones.” [Surah Al-An’aam: 82]

The Companions of Allaah’s Messenger understood the phrase “with dhulm (wrong)” according to its general sense, which includes every wrong, even if it be small. This is why they had difficulty understanding the verse and so they said: “O Messenger of Allaah! Which one of us doesn’t mix their Faith with wrong?” So the Prophet said: “It doesn’t mean that. It only means Shirk (here). Didn’t you hear Luqmaan say:

﴿إِنَّ الشِّرْكَ لَظُلْمٌ عَظِيم﴾ ٌ

‘Verily Shirk is a great wrong?’ [Surah Luqmaan: 13]” [Reported by Al-Bukhaaree, Muslim and others]

Allaah’s says:
﴿وَإِذَا ضَرَبْتُمْ فِى الاٌّرْضِ فَلَيْسَ عَلَيْكُمْ جُنَاحٌ أَن تَقْصُرُواْ مِنَ الصَّلوةِ إِنْ خِفْتُمْ أَن يَفْتِنَكُمُ الَّذِينَ كَفَرُواْ﴾

“And when you travel in the land, there is no sin on you if you shorten your prayer, if you fear that the disbelievers may attack you.”[Surah An-Nisaa: 101]

The literal wording of this verse necessitates that shortening the prayer while on a journey can only be done on the condition when one is in the state of fear. This is why some of the Companions asked Allaah’s Messenger: “So then why do we shorten the prayer when we are in a state of security?” He replied: “This is a charity that Allaah has expended to you, so take His charity.” [Reported by Muslim]

3. Allaah says:
﴿حُرِّمَتْ عَلَيْكُمُ الْمَيْتَةُ وَالْدَّمُ وَلَحْمُ الْخِنْزِير﴾

“Forbidden to you (for food) are: al-maytatah (dead animals), blood, the flesh of swine...” [Surah Al-Maa’idah: 3]

But the verbal Sunnah explains that deceased locusts and fish, as well as liver and spleen (types) of blood are lawful. The Prophet said: “Two types of deceased animals and two types of blood have been made lawful for us: locusts and sea fish [meaning all types of fish], and the liver and the spleen.” [Reported by Al-Bayhaqee and others in marfoo’ and mawqoof form. The chain of the mawqoof narration is authentic and it takes on the ruling of being marfoo’ since it cannot be stated based on one’s mere opinion.]

4. Allaah says:
﴿قُل لاَ أَجِدُ فِى مَآ أُوْحِىَ إِلَىَّ مُحَرَّمًا عَلَى طَاعِمٍ يَطْعَمُهُ إِلاَ أَن يَكُونَ مَيْتَةً أَوْ دَمًا مَّسْفُوحًا أَوْ لَحْمَ خِنزِيرٍ فَإِنَّهُ رِجْسٌ أَوْ فِسْقًا أُهِلَّ لِغَيْرِ اللَّهِ بِه﴾

“Say (O Muhammad): ‘I find not in that which has been inspired to me anything forbidden to be eaten by one who wishes to eat it, unless it be maytah (a dead animal) or blood poured forth (by slaughtering), or the flesh of swine (pork), for that surely is impure, or impious (unlawful) meat (of an animal) which is slaughtered as a sacrifice for other than Allaah...’” [Surah Al-An'aam: 145]

Then the Sunnah came and forbade other things that haven’t been mentioned in this ayah, such as the Prophet’s saying: “Every predatory animal that has fangs and every bird that has claws is unlawful (for eating).” There are also other ahaadeeth on this subject that forbid other animals, such as what the Prophet said on the Day of Khaybar: “Verily Allaah and His Messenger forbid you from (eating) domesticated donkeys, for they are impure.” [Reported by Al-Bukhaaree and Muslim]

5. Allaah says:
﴿قُلْ مَنْ حَرَّمَ زِينَةَ اللَّهِ الَّتِى أَخْرَجَ لِعِبَادِهِ وَالْطَّيِّبَـتِ مِنَ الرِّزْقِ﴾

“Say (O Muhammad): ‘Who has forbidden the adornment with clothes given by Allaah, which He has produced for his slaves, and the good (lawful) things from provision?’” [Surah Al-A'raaf: 32]

But the Sunnah explains that there are certain types of adornments that are forbidden. It is authentically reported that the Prophet went out one day to meet his Companions holding silk in one hand and gold in the other, and said: “These two things are unlawful for the males of my Ummah, (but) lawful for the females.” [Reported by Al-Haakim who authenticated it] The ahaadeeth bearing this same understanding are many, well known and can be found in the two Saheeh collections as well as other collections.

There are many more examples like these (above) that are known to the people who have knowledge of Hadeeth and Fiqh. So from what has been stated previously, it should become clear to us, O brothers, the importance of the Sunnah in deriving Islamic laws. For indeed if we look back again at the examples I mentioned before, not to mention those that I didn’t mention, we will have certainty that there is no way to understand the noble Qur’aan, unless we understand it along with the Sunnah.

In the first example, the Companions understood the word “dhulm” mentioned in the ayah according to its literal meaning. This was even though they, may Allaah be pleased with them, were as Ibn Mas’ood said: “The best of this Ummah, possessing the most pious of hearts, profound in learning and the least of constraints.” But in spite of this, they erred with regard to understanding that. So if it were not for the Prophet refuting their error and guiding them to what was correct with regard to the meaning of “dhulm” – that it in fact meant Shirk here – we would have followed them upon their error. However, Allaah, Mighty and Majestic, saved us from that due to the grace of the Prophet’s guidance and Sunnah.

And in the second example: if it weren’t for the afore-mentioned hadeeth, we would have remained in doubt, to say the least, regarding shortening the prayer while on a journey in the state of security. That is to say if we wouldn’t have already taken the view of making being in the state of fear a condition, as is literally stated in the ayah. This is also just what the Companions themselves understood (about the ayah) until they saw the Prophet shorten his prayer, and they shortened their prayer along with him, while they were in a state of security.

In the third example: If it weren’t for the hadeeth, we would have been forbidden from foods that were made lawful for us, such as (dead) locusts and fish, and liver and spleen.

In the fourth example, if it weren’t for the hadeeth, which mentions some things (not mentioned in the ayah), we would have made lawful what Allaah had made forbidden through the tongue of the Prophet, such as predatory (fanged) animals and birds with claws.

The same goes for the fifth example, if it weren’t for the ahaadeeth reported in that regard, we would have made lawful that which Allaah made unlawful upon the tongue of the Prophet, such as silk and gold This is why some of the Salaf used to say: “The Sunnah judges upon the Book (i.e. Qur’aan).”



The Misguidance of those who are satisfied with the Qur’aan over the Sunnah:

It is unfortunate that there can be found some contemporary tafseer writers and authors that have taken the view of making permissible what has been mentioned in the last two examples, such as the permissibility of eating predatory animals and wearing gold and silk, relying upon the Qur’aan (as proof) only! In fact, there can be found in this present time a group that call themselves the Qur’aaniyoon, who interpret the Qur’aan according to their desires and intellects, without seeking assistance for that in the authentic Sunnah. Rather, the Sunnah, according to them, is subordinate to their desires. So whatever part of it conforms to their desires, they affirm it, and whatever doesn’t conform to their desires, they throw behind their backs (rejecting it).

The Prophet indicated these individuals in an authentic hadeeth, when he said: “Do not let any one of you sit reclining on his couch, then when something that I have commanded him to do comes to him, he says: ‘I don’t know! Whatever we find in the Book of Allaah, we will follow it.’" [Reported by At-Tirmidhee]

And in another narration, he said: “...’whatever we find in it that’s unlawful, we will declare unlawful.’ Indeed, I was sent with the Qur’aan and something equal to it along with it.”

In another report, he said: “Indeed, whatever the Messenger of Allaah forbade is the same as what Allaah forbade.”

Rather, what is unfortunate is that one dignified author wrote a book on the Legislation and Creed of Islaam. He stated in his introduction that he wrote the book but he had no references in it except for the Qur’aan! So this authentic hadeeth provides clear proof that the Islamic Legislation is not based on the Qur’aan only, but rather it is based on the Qur’aan and Sunnah. So whoever takes hold of one in the absence of the other, doesn’t actually take hold of any of them. This is because each one of them commands that the other one be adhered to. This is as Allaah says:

﴿مَّنْ يُطِعِ الرَّسُولَ فَقَدْ أَطَاعَ اللَّه﴾َ

“Whoever obeys the Messenger, has indeed obeyed Allaah.” [Surah An-Nisaa: 80]

And He says:

﴿فَلاَ وَرَبِّكَ لاَ يُؤْمِنُونَ حَتَّى يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ ثُمَّ لاَ يَجِدُواْ فِى أَنفُسِهِمْ حَرَجاً مِّمَّا قَضَيْتَ وَيُسَلِّمُواْ تَسْلِيماً﴾

“But no, by your Lord, they can have no Faith, until they make you (O Muhammad) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission.” [Surah An-Nisaa: 65]

And He says:

﴿وَمَا كَانَ لِمُؤْمِنٍ وَلاَ مُؤْمِنَةٍ إِذَا قَضَى اللَّهُ وَرَسُولُهُ أَمْراً أَن يَكُونَ لَهُمُ الْخِيَرَةُ مِنْ أَمْرِهِمْ وَمَن يَعْصِ اللَّهَ وَرَسُولَهُ فَقَدْ ضَلَّ ضَلَـلاً مُّبِيناً﴾

“It is not for a believer, man or woman, when Allaah and His Messenger have decreed a matter that they should have any choice in their decision. And whoever disobeys Allaah and His Messenger, has indeed strayed in a plain error.” [Surah Al-Ahzaab: 36]

And He says:

﴿وَمَآ ءَاتَـكُمُ الرَّسُولُ فَخُذُوهُ وَمَا نَهَـكُمْ عَنْهُ فَانتَهُواْ﴾

“And whatever the Messenger gives you then do it, and whatever he forbids you from, then abstain from it.” [Surah Al-Hashr: 7]

In connection with this ayah, I am amazed at what has been authentically reported from Ibn Mas’ood, which is that a woman once came to him and said: “Are you the one who said: ‘May Allaah’s curse be on the woman that puck eyebrows and those who ask for their eyebrows to be plucked and those who tattoo...’ He said: ‘Yes.’ She said: ‘I read the Qur’aan from its front to its back and I did not find in it that which you say!’ He responded: ‘If you had (truly) read it, you would have found it. Did you not read: ‘And whatever the Messenger gives you then take it (i.e. do it), and whatever he forbids you from, then stay away from?’ She said: ‘Of course!’ He said: ‘Then I indeed heard The Messenger of Allaah say: ‘May Allaah’s curse be on the woman that pluck eyebrows and those who ask for their eyebrows to be plucked...’” [Reported by Al-Bukhaaree and Muslim]



Knowledge of Arabic is not sufficient for understanding the Qur’aan:

From what has been stated previously, it becomes clear that there is no way for anyone, even if he be a scholar of the Arabic Language and its disciplines, to understand the noble Qur’aan, without seeking assistance in that from the Prophet’

Sunnah in speech and action. This is since he will never be more knowledgeable of the language than the Companions of the Prophet, those who the Qur’aan was revealed to in their language. And (at that time) the language was not blemished with the errors of the non-Arabs and the slang of the common people, but in spite of that, they still erred in understanding these previously mentioned ayaat, when they relied on their knowledge of the language only.

So based on this, it is obvious that whenever a person is knowledgeable of the Sunnah, he will be more likely to understand the Qur’aan and extract rulings from it, than someone who is ignorant about it. So how about the one who doesn’t rely on it or reference it at all? This is why from the principles that have been agreed upon by the people of knowledge is: to interpret the Qur’aan with the Qur’aan and the Sunnah,[1] and then the sayings of the Companions, etc.

From this, we become aware of the misguidance of the scholars of rhetoric, past and present, and their opposition to the Salaf, in their Creed, not to mention their rulings. And it is their remoteness from the Sunnah and their knowledge of it, and their making their intellects and desires as judges for themselves with regard to the verses concerning Allaah’s Attributes. What is better than what has been stated in Sharh Al-‘Aqeedah At-Tahaawiyyah [of Ibn Abil-‘Izz Al-Hanafee] (pg. 212, 4th Edition):

“How can someone who didn’t learn from the Book and the Sunnah, but rather just learned it from the views of so and so, speak about the fundaments of the Religion! And if he claims that he is taking it from the Book of Allaah, then he is not taking the interpretation of the Book of Allaah from the ahaadeeth of the Messenger. He doesn’t look into it (i.e. the Sunnah), nor does he look at what the Companions or those who succeeded them in goodness said, which has been conveyed to us by way of reliable narrators chosen by the critics (i.e. hadeeth scholars). For indeed, they did not convey the arrangement of the Qur’aan only, but rather they conveyed the arrangement as well as the meanings. They would not learn the Qur’aan like the children do (today), rather they would learn it along with its meanings. And whoever does not follow their path, then he is speaking based on his opinion. And whoever speaks from his opinion, and from what he thinks Allaah’s Religion is, not getting that from the Book, he is in fact sinning (!), even if he may be correct. Whereas whoever takes from the Book and the Sunnah, he is rewarded even if he errs. However, if he is correct, his reward is multiplied.”

Then he said (pg. 217):

“So it is an obligation to completely submit to the Messenger, follow his orders, and meet his reports with acceptance and firm belief, without contradicting that by false notions that we consider “reasonable” or that constitute a misconception and doubt. Or that we put before it the views of men and the rubbish held in their minds. So we must single the Prophet out with regard to making him the judge, submitting to him, obeying him and complying with him, just as we single out the One who sent him in worship, humility, submissiveness, repentance and reliance (to Him).”

In summary: It is an obligation upon all of the Muslims to not differentiate between the Qur’aan and the Sunnah, with regard to the obligation of accepting both of them together and establishing Laws based on both of them. Indeed this is the guarantee that will prevent them from drifting to the right and the left, and from returning to deviation.

This is as the Prophet clearly stated: “I have left two things for you, which you will never go astray so long as you adhere to them: The Book of Allaah and my Sunnah. These two will never separate from one another until they return to the Fountain.” [Reported by Maalik and Al-Haakim with a sound chain of narration]



An Important Note:

It is obvious that after all of this we must say: Indeed, the Sunnah that bears this importance in Legislation (i.e. making Islamic laws), only refers to the Sunnah that is authentically reported on the Prophet by way of the knowledge-based paths and authentic chains of narration, which are well known to the scholars of Hadeeth and Narrators. It does not refer to that which is contained within the various books of Tafseer and Fiqh, or the books on Targheeb and Tarheeb, or those of Raqaa’iq and Mawaa’idh, for indeed many of the weak, rejected and fabricated ahaadeeth can be found in them.

Some of these ahaadeeth, Islaam is completely free from, such as the hadeeth about Harut and Marut, and the story on the satanic verses (gharaneeq). I wrote a specific treatise refuting this narration, which has been published.[2] I have referenced a score of them in my book, the collection: Silsilat-ul-Ahaadeeth ad-Da’eefah wal-Mawdoo’ah wa Atharuhaa as-Sayy fil-Ummah.” So far the number of ahaadeeth in them has reached close to four thousand.[3] And they consist of ahaadeeth that are either weak or fabricated. Only five hundred ahaadeeth from these have been published so far!

So it is an obligation upon the people of knowledge, particularly those that propagate their Fiqh and verdicts to the people, to not be overconfident in using the hadeeth as proof except after becoming sure about its authenticity. This is especially since the books of Fiqh that are commonly referenced today are filled with ahaadeeth that are weak, rejected and those that have no source to them, as is well known to the scholars.

I have commenced an important project in my opinion, which is beneficial for those who preoccupy themselves with Fiqh, which I call: “The Weak and Fabricated Ahaadeeth in the Major Fiqh Books.” By this I mean the following books:

1. Al-Hidaayah of Al-Margeenaani, regarding Hanafi Fiqh
2. Al-Mudawwanah of Ibn Al-Qaasim, regarding Maalikee Fiqh
3. Sharh-ul-Wajeez of Ar-Raafi’ee, regarding Shaafi’ee Fiqh
4. Al-Mughnee of Ibn Qudaamah, regarding Hanbalee Fiqh
5. Bidaayat-ul-Mujtahid of Ibn Rushd, on comparative Fiqh.

Unfortunately, however, I did not get the chance to complete it because the Kuwaiti magazine, Al-Wa’ee Al-Islaamee, that promised to publish it and that received it graciously after reviewing it, didn’t print it.

Since I missed that opportunity, then perhaps I will be granted the opportunity, Allaah willing, on another occasion to offer a specific knowledge-based course to my brothers that are studying Fiqh, which will assist them and which will facilitate for them the way towards knowing the grades of the Hadeeth, by returning them to the necessary sources of the books of Hadeeth. And which will explain their special and distinct characteristics, as well as what can be relied on from them. And Allaah, Most High, is the One who grants success.



A Weak Hadeeth from Mu’aadh regarding Opinion, and what is Rejected from it:

Before I finish my talk, I feel that it is necessary for me to direct the attention of the brothers in attendance to a famous hadeeth, which seldom is missing from the books on the Principles of Fiqh. I will mention it because it is weak, from the perspective of its chain of narration as well as it being in contradiction with what I spoke about in this talk, which was the lack of there being any distinction between the Qur’aan and the Sunnah when it comes to deriving Laws, and the obligation of accepting these two sources together. Indeed it is the hadeeth of Mu’aadh bin Jabal who reported that the Prophet said to him when he sent him to Yemen:

“With what will you judge by?” He said: “By the Book of Allaah.” He said: “And if you don’t find (the answer in) it?” He said: “Then by the Sunnah of Allaah’s Messenger.” He replied: “And if you don’t find (the answer in) it?” He said: “I will strive to form my own opinion.” So he said: “All praise be to Allaah who guided the messenger of Allaah’s Messenger to that which Allaah’s Messenger loves.”

As for the weakness of its chain, then this is not the place to discuss it now. But I clarified this exhaustively, perhaps the likes of which was not undertaken in the past, in (my book) the “Silsilah” (of weak hadeeth) I mentioned previously.[4] But suffice it to say now that the Ameer-ul-Mu’mineen in Hadeeth, Imaam Al-Bukhaaree, said about this hadeeth that it was “rejected.”

So having said this, it is now possible for me to begin explaining the contradiction it poses, which I stated earlier. So I say:

This hadeeth establishes a methodology of ruling for the judge, based on three stages. He is not permitted to seek a ruling from his opinion unless after he acknowledges he can’t find it in the Sunnah. Nor is he allowed to derive a ruling from the Sunnah until after he establishes he can’t find it in the Qur’aan. With respect to the opinion, this method (of deriving a ruling) is valid and correct according to all of the scholars, which is why they would say: “When the narration is mentioned, the opinion is nullified.”

However, with respect to the Sunnah, this method is not correct, because the Sunnah determines and explains the Book of Allaah. So it is obligatory for one to look for the ruling in the Sunnah, even if he thinks that it exists in the Qur’aan, based on what we stated previously. So the Sunnah with respect to the Qur’aan is not like the opinion with respect to the Sunnah. No, definitely not. Rather we must consider the Qur’aan and the Sunnah as one source, there being no distinction between them at all. This is as has been indicated in the sayings of the Prophet: “Indeed, I was given the Qur’aan and something similar to it, along with it” – meaning the Sunnah – and “They will not be separated from one another until they return to the Fountain.”

So this dividing them into categories, mentioned in the hadeeth, is not correct, because it necessitates that they are separate from one another. And this is false, as I have explained previously. This is what I intended to discuss here today. So if I was correct, then it is from Allaah, and if I erred, then it is from myself. I ask Allaah to protect you and us from errors and from everything He is displeased with. And the last of our calls is: All praise be to Allaah.

[End of the Lecture and Treatise]

Footnotes:

1. We do not say as is the custom amongst many of the people of knowledge: “We interpret the Qur’aan by the Qur’aan if there is no trace of it in the Sunnah, then we interpret it by the Sunnah.” This is due to what we will explain later on in the end of this treatise, when speaking about the (weak) hadeeth of Mu’aadh bin Jabal

2. The book is called: “Nasab-ul-Majaaneeq fee Nasf Qissat-il-Gharaaneeq.” [Printed by Al-Maktab-ul-Islaamee]

3. Now the number has passed five thousand ahaadeeth, may Allaah facilitate them to be printed soon.

4. It is found under number 885 of Silsilat-ul-Ahaadeeth ad-Da’eefah. We hope that the volume that includes it will be printed soon, in shaa Allaah.

Taken from PDF put together by al-Ibaanah Publishing, Translated by Isma'eel Alarcon

Download PDF from here: The Status of the Sunnah - Shaykh al-Albaani Rahimahullah
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