Various sources of Islamic law are used by Islamic jurisprudence
to elucidate
the Sharia, the
body of Islamic
law.[1]
The primary sources, accepted universally by all Muslims, are the Qur'an and Sunnah. The Qur'an
is the holy scripture of Islam, believed by Muslims to be
the direct and unaltered word of Allah. The Sunnah consists of the religious actions and
quotations of the Islamic Prophet Muhammad and
narrated through his Companions and Imams- (as per the beliefs of the school of Ahle-Sunnah and
Ahle-Shia).[1]
However, some schools
of jurisprudence use different methods to judge the source's level of
authenticity.
As Islamic regulations stated in the primary
sources do not explicitly deal with every conceivable eventuality,
jurisprudence must refer to resources and authentic documents to find the
correct course of action.[1]
According to Sunni
schools of law, secondary sources of Islamic law are consensus among Muslims
jurists, analogical
deduction, al-Ra'y; independent reasoning, benefit for the Community and Custom.[2]
Hanafi school
frequently relies on analogical deduction and independent reasoning, and Maliki and Hanbali generally
use the Hadith
instead. Shafi'i
school uses Sunnah more than Hanafi and analogy more than two others.[1][3]
Among Shia, Usuli school of Ja'fari jurisprudence uses four sources,
which are Qur'an,
Sunnah,
consensus and 'aql.
They use ijma under special conditions and rely on 'aql
(intellect) to find general principles based on the Qur'an and Sunnah, and use usul
al-fiqh as methodology to interpret the Qur'an and Sunnah in different
circumstances, and Akhbari Jafaris rely more on Hadith and reject ijtihad.[1][4]
According to Momen, despite considerable differences in the principles of
jurisprudence between Shia and the four Sunni schools of law, there are fewer
differences in the practical application of jurisprudence to ritual observances
and social transactions.[5]
Primary sources
Qur’an
A copy of the Qur'an, one of the
primary sources of Islamic
law.
The Qur'an is
the first and most important source of Islamic law. Believed to be the direct
word of God as revealed to Muhammad through angel Gabriel in Mecca and Medina, the
scripture specifies the moral, philosophical, social, political and economic
basis on which a society should be constructed. The verses revealed in Mecca
deal with philosophical and theological
issues, whereas those revealed in Medina are concerned with socio-economic
laws. The Qur'an was written and preserved during the life of Muhammad, and
compiled soon after his death.[6]The verses of the Qur'an are categorized into three fields: "science of speculative theology", "ethical principles" and "rules of human conduct". The third category is directly concerned with Islamic legal matters which contains about five hundred verses or one thirteenth of it. The task of interpreting the Qur'an has led to various opinions and judgments.
The interpretations of the verses by Muhammad's companions for Sunnis and Imams for Shias are considered the most authentic, since they knew why, where and on what occasion each verse was revealed.[1][6]
Sunnah
The Sunnah is the next important
source, and is commonly defined as "the traditions and customs of
Muhammad" or "the words, actions and silent assertions of him".
It includes the everyday sayings and utterances of Muhammad, his acts, his
tacit consent, and acknowledgments of statements and activities. According to Shi'ite
jurists, the sunnah also includes the words, deeds and acknowledgments of the twelve Imams and Fatimah,
Muhammad's daughter, who are believed to be infallible.[1][7]
Justification for using the
Sunnah as a source of law can be found in the Qur'an. The Qur'an commands
Muslims to follow Muhammad.[8]
During his lifetime, Muhammad made it clear that his traditions (along with the
Qur'an) should be followed after his death.[9]
The overwhelming majority of Muslims consider the sunnah to be essential
supplements to and clarifications of the Qur'an. In
Islamic jurisprudence, the Qur'an contains many rules for the behavior expected
of Muslims but there are no specific Qur'anic rules on many religious and
practical matters. Muslims believe that they can look at the way of life, or sunnah, of
Muhammad and his companions to discover what to imitate and what to avoid.
Much of the sunnah is recorded in
the Hadith.
Initially, Muhammad had instructed his followers not to write down his acts, so
they may not confuse it with the Qur'an. However, he did ask his followers to
disseminate his sayings orally. As long as he was alive, any doubtful record
could be confirmed as true or false by simply asking him. His death, however,
gave rise to confusion over Muhammad's conduct. Thus the Hadith were
established.[7]
Due to problems of authenticity, the science
of Hadith (Arabic: `Ulum al-hadith) is established. It is a method of
textual criticism developed by early Muslim scholars in determining the
veracity of reports attributed to Muhammad. This is achieved by analyzing the
text of the report, the scale of the report's transmission, the routes through
which the report was transmitted, and the individual narrators involved in its
transmission. On the basis of these criteria, various Hadith classifications
developed.[10]
To establish the authenticity of
a particular Hadith or report, it had to be checked by following the chain of
transmission (isnad).
Thus the reporters had to cite their reference, and their reference's reference
all the way back to Muhammad. All the references in the chain had to have a
reputation for honesty and possessing a good retentive memory.[7] Thus biographical analysis (`ilm
al-rijāl, lit. "science of people"), which contains details
about the transmitter are scrutinized. This includes analyzing their date and
place of birth; familial connections; teachers and students; religiosity; moral
behaviour; literary output; their travels; as well as their date of death.
Based upon these criteria, the reliability (thiqāt) of the transmitter
is assessed. Also determined is whether the individual was actually able to
transmit the report, which is deduced from their contemporaneity and
geographical proximity with the other transmitters in the chain.[11]
Examples of biographical dictionaries include Ibn Hajar al-Asqalani's "Tahdhīb al-Tahdhīb" or al-Dhahabi's
"Tadhkirat al-huffāz."[12]
Using this criterion, Hadith are classified into three
categories:[7]- Undubitable (mutawatir), which are very widely known, and backed up by numerous references.
- Widespread (mashhur), which are widely known, but backed up with few original references.
- Isolated or Single (wahid), which are backed up by too few and often discontinuous references.
Secondary sources
All medieval Muslim
jurists rejected arbitrary opinion, and instead developed various secondary
sources, also known as juristic principles or doctrines[clarification needed], to follow
in case the primary sources (i.e. the Qur'an and Sunnah) are silent on the
issue.[13]
Consensus
Main article: Ijma
also called anlogy
The ijma' , or consensus
amongst Muslim jurists on a particular legal issue, constitutes the third
source of Islamic law. Muslim jurists provide many verses of the Qur'an
that legitimize ijma' as a source of legislation.[14][15]
Muhammad himself said:
- "My followers will never agree upon an error or what is wrong",
- "God's hand is with the entire community".[14][16]
In history, it has been
the most important factor in defining the meaning of the other sources and thus
in formulating the doctrine and practice of the Muslim community.[17]
This is so because ijma' represents the unanimous agreement of Muslims
on a regulation or law at any given time.[18]
There are various views on ijma'
among Muslims. Sunni jurists consider ijma' as a source, in matters of
legislation, as important as the Qur'an and Sunnah. Shiite jurists, however,
consider ijma' as source of secondary importance, and a source that is,
unlike the Qur'an and Sunnah, not free from error.[19]
Ijma' was always used to refer to agreement reached in the past, either
remote or near.[17]
Amongst the Sunni jurists there is diversity on who is eligible to participate
in ijma' , as shown in the following table:
School of jurisprudence Formation of ijma' Rationale
(Hanafi) through
public agreement of Islamic jurists. The jurists
are experts on legal matters
(Shafi'i). through
agreement of the entire community and public at large.
The people
cannot agree on anything erroneous.
Islamic tradition says "Medina expels bad people like the furnace
expels impurities from iron".
(Hanbali) through
agreement and practice of Muhammad's Companions.
They were the most knowledgeable on religious matters and rightly
guided.
(Usuli). Only the
consensus of the ulama
of the same period as the Prophet or Shia Imams is binding.
Consensus is not genuinely binding in its own right, rather it is
binding in as much as it is a means of discovering the Sunnah.
In modern Muslim usage it is no longer associated with traditional authority and appears as democratic institution and an instrument of reform.[17]
Analogical deduction
Main article: Qiyas
Qiyas or analogical deduction is the fourth source of Sharia for the Sunni jurisprudence. Shiites do not
accept qiyas, but replace it with reason (aql). Qiyas
is the process of legal deduction according to which the jurist, confronted
with an unprecedented case, bases his or her argument on the logic used in the Qur'an and Sunnah. Qiyas
must not be based on arbitrary judgment, but rather be firmly rooted in the
primary sources.[20]
Supporters of qiyas will often
point to passages in the Qur'an that describe an application of a similar
process by past Islamic communities. According to Hadith, Muhammad said:
"Where there is no revealed injunction, I will judge amongst you according
to reason."[21]
Further, he extended the right to reason to others. Finally, qiyas is
sanctioned by the ijma,
or consensus,
amongst Muhammad's
companions.[20]
The success and expansion of
Islam brought it into contact with different cultures, societies and
traditions, such as those of Byzantines
and Persians.
With such contact, new problems emerged for Islamic law to tackle. Moreover,
there was a significant distance between Medina, the Islamic
capital, and the Muslims on the periphery on the Islamic state. Thus far off
jurists had to find novel Islamic solutions without the close supervision of
the hub of Islamic law (back in Medina). During the Umayyad
dynasty, the concept of qiyas was abused by the rulers. The Abbasids, who
succeeded the Ummayads defined it more strictly, in an attempt to apply it more
consistently.[20]
The general principle behind
the process of qiyas is based on the understanding that every legal
injunction guarantees a beneficial and welfare satisfying objective. Thus, if
the cause of an injunction can be deduced from the primary sources, then
analogical deduction can be applied to cases with similar causes. For example, wine
is prohibited in Islam because of its intoxicating property. Thus qiyas
leads to the conclusion that all intoxicants
are forbidden.[20]
The Hanafi school of thought
very strongly supports qiyas. Imam Abu Hanifa, an important practitioner of qiyas,
elevated qiyas to a position of great significance in Islamic law. Abu
Hanifa extended the rigid principle of basing rulings on the Qur'an and Sunnah
to incorporate opinion and exercise of free thought by jurists. In order to
respond suitably to emerging problems, he based his judgments, like other
jurists, on the explicit meanings of primary texts (the Qur'an and sunnah).
But, he also considered the "spirit" of Islamic teachings, as well as
the whether the ruling would be in the interest of the objectives of Islam.
Such rulings were based on public interest and the welfare of the Muslim
community.[20]
“The knowledge of ours is an opinion, it
is the best we have been able to achieve. He who is able to arrive at different
conclusions is entitled to his own opinion as we are entitled to our own”. —Abu Hanifa[20]
The Shafi'i school of thought
accepts qiyas as a valid source. Imam Shafi'i, however, considered it a
weak source, and tried to limit the cases where jurists would need to resort to
qiyas. He criticized and rejected analogical deductions that were not
firmly rooted in the Qur'an and sunnah. According to Shafi'i, if analogical
deductions were not strictly rooted in primary sources, they would have adverse
effects. One such consequence could be variety of different rulings in the same
subject. Such a situation, he argued, would undermine the predictability and
uniformity of a sound legal system. [22]
Imam Malik
accepted qiyas as a valid source of legislation. For him, if a parallel
could be established between the effective cause of a law in the primary
sources and a new case, then analogical deduction could be viable tool. Malik,
however, went beyond his adherence to "strict analogy" and proposed
pronouncements on the basis of what jurists considered was "public
good".[22]
Preference
Abu Hanifa developed a new source called istihsan, or juristic preference, as a form of analogical deduction (qiyas).[23] Istihsan is defined as:- Means to seek ease and convenience,
- To adopt tolerance and moderation,
- To over-rule analogical deduction, if necessary.[24]
The source, inspired by the
principle of conscience, is a last resort if none of the widely accepted
sources are applicable to a problem. It involves giving favor to rulings that
dispel hardship and bring ease to people.[22]
This doctrine was justified directly by the Qur'an: "Allah desires you
ease and good, not hardship".[24]
Though its main adherents were Abu Hanifa and his pupils (such as Abu Yusuf),
Malik
and his students made use of it to some degree. The source was subject to
extensive discussion and argumentation,[25]
and its opponents claimed that it often departs from the primary sources.[22]
This doctrine was useful in the Islamic
world outside the Middle East where the Muslims encountered environments
and challenges they had been unfamiliar with in Arabia.[23]
One example of isthisan is cited as follows: If a well is contaminated it may
not be used for ritual purification. Istihsan suggests that withdrawing a
certain number of buckets of water from the well will remove the impurities.
Analogical deduction (qiyas), however, says that despite removing some
of the water, a small concentration of contaminants will always remain in the
well (or the well walls) rendering the well impure. The application of
analogical deduction means the public may not use the well, and therefore
causes hardship. Thus the principle of istihsan is applied, and the public may
use the well for ritual purification.[24]
Public good
Imam Malik
developed a tertiary source called al-maslaha
al-mursalah, which means social benefit. According to this source of
Islamic law, rulings can be pronounced in accordance with the "underlying
meaning of the revealed text in the light of public interest". In this
case the jurists uses his wisdom to pursue public interest.
This source is rejected by the Shafi'is.[22]
Textual indication
Shafi'i accepted cases in which
he had to be more flexible with the application of Qisas. Similar to Abu Hanifa
and Imam
Malik, he developed a tertiary source of legislation. The Shafi'i school
adopted istidlal, a process of seeking guidance from the source.
Istidlal allowed the jurists to avoid "strict analogy" in a case
where no clear precedent could be found. In this case, public interest was
distinguished as a basis for legislation.[22]
Scholars divide istdilal
into three types. The first is the expression of the connection existing
between one proposition and another without any specific effective cause. Next,
istidlal could mean presumption that a state of things, which is not
proved to have ceased, still continues. The final type of istidlal is
the authority as to the revealed laws previous to Islam.[26]
Reason
Main article: Ijtihad
Shi'ite
jurists maintain that if a solution to a problem can not be found from the
primary sources, then aql or reason should be given free rein to deduce
a proper response from the primary sources. The process, whereby rational
efforts are made by the jurist to arrive at an appropriate ruling, when applied
is called ijtihad (literally meaning "exerting oneself").
Shi'ite jurists maintain that qiyas is a specific type of ijtihad. The Sunni
Shafi' school of thought, however, holds that both qiyas and ijtihad are the
same.[27]
Sunni jurists accepted
ijtihad as a mechanism for deducing rulings. They, however, announced an end to
its practice during the thirteenth century. The reason for this was that
centers of Islamic learning (such as Baghdad, Nishapur, and Bukhara) had
fallen into the hands of the Mongols. Thus, the "doors to ijtihad",
were closed.[27]
In Sunni Islam, thus, ijtihad was replaced by taqlid or the acceptance
of doctrines developed previously.[28]
Later in Sunni history, however, there were notable instances of jurists using
reason to re-derive law from the first principles. One was Ibn
Taymiyya (d. 728/1328), another was Ibn Rus̲h̲d
(Averroes d. 595/1198).[28]
There are many justifications,
found in the Qur'an and sunnah, for the use of ijtihad. For example, during a
conversation with Mu'ādh ibn Jabal, Muhammad asked the former how he would give
judgments. Mu'ādh replied that he would refer first to the Qur'an, then to the
Sunnah and finally commit to ijtihad to make his own judgment. Muhammad
approved of this.[29]
A lawyer who is qualified to
use this source is called a mujtahid. The founders of the Sunni madhabs (schools of
law) were considered such lawyers. All mujtahid exercise at the same
time the powers of a mufti and can give fatwa. Some mujtahid
have claimed to be muj̲addid, or "renewer of religion." Such
persons are thought to appear in every century. In Shi'ite Islam they are
regarded as the spokespersons of the hidden Imam.[28]
Common practice
Main article: Urf
The term urf, meaning
"to know", refers to the customs and practices of a given society.
Although this was not formally included in Islamic law,[30]
the Sharia recognizes customs that prevailed at the time of Muhammad but were
not abrogated by the Qur'an or the tradition (called "Divine
silence"). Practices later innovated are also justified, since Islamic
tradition says what the people, in general, consider good is also considered as
such by God.
According to some sources, urf holds as much authority as ijma (consensus), and
more than qiyas (analogical deduction). Urf is the Islamic equivalent of "common law".[31]
Urf was first recognized
by Abū Yūsuf (d. 182/798), an early leader of the Ḥanafī school. However, it was considered part of the sunnah, and not as
formal source. Later al-Sarak̲h̲sī (d. 483/1090), opposed it, holding that
custom cannot prevail over a written text.[30]
According to Sunni
jurisprudence, in the application of urf, custom that is accepted into law
should be commonly prevalent in the region, not merely in an isolated locality.
If it is in absolute opposition to Islamic texts, custom is disregarded.
However, if it is in opposition to qiyas (analogical deduction), custom is
given preference. Jurists also tend to, with caution, give precedence to custom
over doctoral opinions of highly esteemed scholars.[31]
Shia does not consider custom as a source of jurisprudence.
1.
^ a
b
c
d
e
f
g
h
Mutahhari, Morteza. "Jurisprudence and its
Principles". Tahrike Tarsile Qur'an. Retrieved 2008-07-26.
2.
^ "Shari`ah
and Fiqh". USC-MSA Compendium of Muslim Texts. University of
Southern California. Retrieved
2008-07-26.
§ Robinson (2003) pp.
69–70;
§ Lucas (2004) p. 15
13. ^ Makdisi, John (1985).
"Legal Logic and Equity in Islamic Law", The American Journal of
Comparative Law, 33 (1): 63-92
15. ^ Verses Quran 2:143,
Quran 3:103,
Quran 3:110,
Quran 4:59,
Quran 4:115
and Quran 9:119
are presented by Mahmasani.
16. ^ Muslehuddin, M. Philosophy
of Islamic Law and the Orientalists. New Delhi: Taj printers, 1986. pg.146
[edit] References
- ʻAlwānī, Ṭāhā Jābir Fayyāḍ. Uṣūl Al Fiqh Al Islāmī. IIT. Based on the author's PhD thesis at Al-Azhar University.
- Hasan, Abrar (2004). Principles of modern Islamic jurisprudence. Karachi: Pakistan Academy of Jurists.
- Momen, Moojan (1985). An Introduction to Shi`i Islam: The History and Doctrines of Twelver Shi'ism. Yale University Press. ISBN 0300035314.
- Motahhari, Morteza (1983). Jurisprudence and Its Principles, translator:Salman Tawhidi. Moslem Student Association (Persian Speaking Group). ISBN 0940368285.
- Nomani, Farhad; Rahnema, Ali. (1994). Islamic Economic Systems. New Jersey: Zed books limited. ISBN 1-85649-058-0.
- Qadri, A. A (1986). Islamic jurisprudence in the Modern World. New Delhi: Taj Company. Encyclopedias
·
The New Encyclopædia
Britannica (Rev Ed ed.). Encyclopædia
Britannica, Incorporated. 2005. ISBN 978-1-59339-236-9.
·
Libson, G.; Stewart, F.H. "ʿUrf." Encyclopaedia of Islam. Edited by: P.
Bearman, Th. Bianquis, C.E. Bosworth, E. van Donzel and W.P. Heinrichs. Brill,
2008. Brill Online. 10 April 2008
[edit] Further reading
- Fadlalla, Mohamed; Lang, Peter. Das islamische Ehe- und Kindschaftsrecht im Sudan, Frankfurt, 2001. ISBN 3-631-37722-3
- Fadlalla, Mohamed. Die Problematik der Anerkennung ausländischer Gerichtsurteile: Beiträge zum Internationalen Zivilprozessrecht und zur Schiedsbarkeit. Tectum, 2004. ISBN 3-8288-8759-7
- Glassé, Cyril. The Concise Encyclopaedia of Islam, 2nd Edition. London: Stacey International, 1991. ISBN 0-905743-65-2
- Goldziher, Ignaz; translated by Hamori, R. Introduction to Islamic Theology and Law. Princeton: Princeton University Press, 1981. ISBN 0-691-10099-3
- Hallaq, Wael. "Was the Gate of Ijtihad Closed?", International Journal of Middle East Studies, 16 (1): 3-41, 1984.
- Kamali, Mohammad Hashim. Principles of Islamic Jurisprudence, Cambridge: Islamic Text Society, 1991. ISBN 0-946621-24-1
- Kamali, Mohammad Hashim. Principles of Islamic Jurisprudence, 2003.
- Musa, Aisha Y. Hadith as Scripture: Discussions on the Authority of Prophetic Traditions in Islam, New York: Palgrave, 2008.
- Richard Potz: Islamisches Recht und europäischer Rechtstransfer, in: Europäische Geschichte Online, hrsg. vom Institut für Europäische Geschichte (Mainz), 2011, Zugriff am: 24.08.20
THE SUNNAH IS THE SECOND SOURCE OF LAW
By:
Sayyidi wa Imami al-Habib Ahmad Mash-hur bin Taha al-Haddad
Rady Allāhu ‘Anhu
In addition to knowing that the Sunnah
is the corpus of the sayings of the Messenger of Allāh, may the blessings and
peace of Allāh be upon him as well as upon his kinsmen, and that it is also the
corpus of his actions and of his approvals, you should also know that it
derives from unrecited revelation as Allāh, the Exalted, says: Nor does he
(the Prophet) say (aught) of his own desire. It is no less than
inspiration sent down to him (Najm 53:3-4). And Allāh, the Exalted, also
said: For Allāh has sent down to you the Book and Wisdom and taught you what
you knew’st not (before): and great is the Grace of Allāh unto you (Nisaa
4:113). And the Book is the Qur’ān and the Wisdom is the Sunnah which
Allāh has sent down via revelation and inspiration.Rady Allāhu ‘Anhu
Indeed, it is distinguishable from the Qur’ān in the sense that the Qur’ān and its Arabic locutions have been revealed from Allāh and that no man can compose anything remotely similar to the Qur’ān in whole or in the shortest of its Sūrahs and that the Qur’ān is a miracle abiding and enduring on the face of time and preserved from being changed and modified; and many other specialities apply to the Qur’ān but not to the Sunnah. These are that there is prescribed a reward for recitation of the Qur’ān, and that it is disallowed to transmit it by meaning and for a ritually unclean person it is not allowed to either touch where it is written neither to carry it. Such ordinances do not apply to the Traditions whether they are Hadith Qudsi or otherwise.
The Sunnah constitute an exposition and commentary on the Qur’ān. Says Allāh, the Exalted: And We have sent down unto you (also) the Message that you may explain clearly to men what is sent for them, and that they may give thought (Nahl 16:44). And the Prophet, may the blessings and peace of Allāh be upon him and his kinsmen, accordingly explained and detailed and clarified in words and actions and approval what was revealed in the Book in general terms, like for example the number of Rak‘aas in the prescribed prayers, their appointed times, their stipulations, their Sunnah, the appointed portions on what Zakāt is due, and also issues concerning Fasting and rituals in Pilgrimage and ‘Umrah. These include the pillars of these devotions, their stipulations, what corrupts them etc. As is the case with Sunnah, in that it has come up with judgements for which there is no exhaustive provision under the headings of transactions - mu‘āmalāt- and also under ethics and morals and merits for acts of virtue. The import of all this is that such guidance as the Sunnah offers organises a whole range of affairs of life and it all derives from the Prophet upon whom be blessings and peace of Allāh, and we have accordingly been commanded to abide by them as Allāh, the Exalted, says: You have indeed in the Apostle of Allāh a beautiful pattern (of conduct) for any one whose hope is in Allāh and the Final Day (Ahzab 33:21) and says Allāh, the Exalted: Say: If you do love Allāh, follow me: Allāh will love you (Āl-i ‘Imran 3:31). And thus does the servant who obeys and follows in the footsteps of the Greatest Beloved of Allāh, may the peace of Allāh be upon him and his kinsmen, such a one himself becomes the beloved of Allāh by virtue of his loving the Most Beloved of Allāh.
And what a beautiful line is Majnūn’s when talking of Layla in a similar context:
Layla he saw
And pined for no other
He saw no other beauty
Save Layla’s alone
His is the kingdom
His the crown
If she sees in him
What he sees in her.
And says Allāh, the Exalted: So obey Allāh and obey His Apostle: but if you turn back, the duty of Our Apostle is but to proclaim (the Message) clearly and openly (Al-Taghabun 64:12). And says Allāh, the Exalted: He who obeys the Apostle, obeys Allāh (an-Nisaa 4:80). And says the Exalted: So take what the Apostle assigns to you, and deny yourselves what he withholds from you (al-Hashr 59:7). The overriding consideration is the universal application of the verse and not the specific circumstance of the verse itself.
The rule implicit in the judgement has general application and extends to all ordinances and prohibitions as is the case with other verses and the many Traditions. Among them is the statement of the Prophet, may the blessings and peace of Allāh be upon him and his kinsmen, in which he says: “The whole of my ummah will enter Paradise except he who refuses.” “And who refuses, O Messenger of Allāh?” someone asked. He said: “Who obeys me will enter Paradise and who disobeys me has refused.” And says the Exalted: But no, by thy Lord, they can have no real Faith, until they make you judge in all disputes between them, and find in their souls no resistance against thy decisions, but accept them with fullest conviction (an-Nisaa 4:65). And says the Exalted: Then let those beware who withstand the Apostle’s order, lest some trial befall them, or a grievous Penalty be inflicted upon them (an-Nur 24:63)
Verily, Allāh, the Exalted, has ordered in His Book the adherence to the Sunnah of His Apostle as a matter of both bounden duty and obligation so much so that Faith itself is invalid without following him. And the rejection of the compliance with the Sunnah is an act of unbelief because it is the rejection of what the Qur’ān enjoins.
And for this reason Muslims have taken special care from the times of the Companions to our own times; they recorded the Sunnah as pointed out earlier; they transmitted it verbally and in writing and researched it in a most thorough manner, preserved it accurately, rigorously examined and edited it. And in the circumstances none will desecrate the Sunnah and distance himself from it except one who entertains a weak faith in the Sunnah’s persona, one who is totally removed from the community of Muslims in their path and creed, one who is in fact ignorant of Islām or one who is manifestly hostile to it.
Source: Al-‘Allama The Majestic Shaykh as-Sayyid al-Habib Ahmad Mash-hur bin Taha al-Haddad al-‘Alawi al-Husayni al-Hadhrami, Miftah al-Jannah (The Key To Paradise), translated from Arabic by Shaykh Mohamed Mlamali Adam in consultation with Sayyid ‘Omar ‘Abdallah, Iqra’ Publications, Memon Jamat Nairobi, 1409/1989, p. 58-60.
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