Describe various kinds of Sunnah mentioning their role in Islamic legislation. (2003)

Describe various kinds of Sunnah mentioning their role in Islamic legislation. (2003)Q. Quran and Sunnah cannot be detached from each other. Support your answer with reason.(2002)Q. Discuss the difference between Sunnah and Hadith. (2001) (1998) (1996)Q. Discuss and explain the importance of Sunnah as a source of Islamic law. (1998) (1997) (1996)Q. Quran cannot be understood without Sunnah. (1995) (1993)Q. Discuss Sunnah as a source of Islamic law what are it kinds. (2004/A 2007/A)Q. Discuss Sunnah as source of law. (2005/S)

1. Introduction
Sunnah is the second primary source of Islamic law. If the Mujtihid does not find a text in the Quran for a case he has to settle, he has recourse to the Sunnah for the derivation of The Hukms.
2. Meaning

(I) Literal meaning

The word Sunnah stands for the “Well know path” or “Well-trodden path.” Which is followed “again and again.

(II) Technical meaning

“What was transmitted from the messenger of Allah (Peace Be Upon Him) of his words, acts and (trcit) approvals.”

3. Kinds of Sunnah
Following are the kinds of Sunnah.

(i) According to its nature

(ii) According to its written record

(I)           According to its nature:-According to its nature, Sunnah is of following types.

(i)           Sunnah al Qawliah:- It is the saying or narration of the prophet (Peace Be Upon Him) through which he intended the laying down of the law or the explanation of the Ahkam.

(ii)          Sunnah Al Filiyah:-It is defined as the deeds and practices of the Prophet (Peace Be Upon Him) having a legal content like his prayers, fasts etc.

(iii)         Sunnah Taqririyah:- It is defined as the commission of certain acts, by word or deed.

(II)         According to its written recode:-Sunnah may also be classified according to its entire written record that is Ahadith.

(A) Division of Ahadith:-With respect to its narration, Ahadith are divided into two types.

(i) Hadith Muttasil (ii) Hadith Mursal

(i) Hadith Muttasil:-The hadith whose chain of narration. Is complete. These are the ones in which the narrator are mentioned from the beginning of the sands upon the Prophet (Peace Be Upon Him) and no narrator is missing.

Types of hadith Muttasil

Following are the types of hadith Muttasil

(a) Hadith Mutawatir:- It is one that is related by such a large number of people that their agreement to propagate a falsehood cannot be conceived. Twatur is of two types.

Twatur Lafzi:-When all the narrators agree about the words as well as meaning the hadith is called twatur Lafzi.

For example. Following Hadith is twatur Lafzi. “He who attributes falsehood to me should prepare his abode in the fire.”
Twatur Manawi (Meaning) It is a Hadith which conveys the same meaning even if the words are not exactly the same.

(b) Hadith Mashhur:-The mashhur tradition is one the number of whose reporters do no reach the level of twatur in the first generation.

(c) Hadith Ahad:-The Hadith Ahad or the Khabar Wahid is reported by one or two persons from the beginning of its chain up to its end.

(ii) Hadith Mursal:-Hadith Mursal is one that is not continuous and one or more names of the narrators are missing from the chain of narration.

4. Sunnah as a source of law

Allah almighty has delegated legislative powers to the HolyProphet (Peace Be Upon Him). The Quran from time and again makes the prophetic Sunnah as obligatory on the Muslims.

“And came to you from God the light (Prophet) and the book”. (Surah Al-Maida 15)“

(I) Derivation of the authority of Sunnah:-The authority of the Sunah as a source of law is derived fromthe Quran.

“He who obyes the Prophet (Peace Be Upon Him) obeys Allah”. (Surah Al Nisa : 80)

(II) Legislative function of Sunnah:-Sunnah is the second primary source of law. The jurists must recourse to the Quran first for the search of the Hukm and should not move to the Sunnah unless the Search in the Quranhas had been completed.

(i)          Qualification for Sunnah as source of law:-

     (ii)  Original law-making by Sunnah:-

(iii) Legislative function of Sunnah with respect to holy Quranor relationship between Quran and Sunnah.

(a)Specification of general rule:-

 (b) Elaboration of Ahkams:-

 (c) Analogy on the basis of rule in Quran

 (d) Linkage of case with well known principle:-

(e) General Principal laid down by Sunnah:-
(f) Explanation of the implicit:-

5. Difference between Sunnah and Hadith

Hadith is the noun derived from the word “Hadatha” which means a tale or verbal communication of any kind. In legal sense Hadith means saying of Holy Prophet (Peace Be Upon Him) which must be practiced. Sunnah and Hadith means one and the same thing, yet there are few differences between these two terms.

As to meaning:-Hadith means saying of Holy Prophet (Peace Be Upon Him) Sunnah refers to every saying of Holy Prophet (Peace Be Upon Him) and to every act which he did or performed and every act which was permitted to be done by him.
(ii) Scope:-Sunnah is bigger in scope

Hadith is narrow in scope as it refers to only the sayings of Holy Prophet (Peace Be Upon Him)

(iii) As to element:- Sunnah is a complete term which has three elements

Hadith is one element of Sunnah.

(iv) As to activity:- Hadith consisted in some sort of activity. There must be saying of the Holy Prophet (Peace Be UPON Him).

In Sunnah, there may be no activity. It may be that act of Holy Prophet (Peace Be Upon Him) where he kept quiet in case he saw people doing a particular thing.

(v) As to collection:-Hadith have been collected and compiled in a proper form Collection of Sunnah was never made and it is out of collection.

6. Constitutional status of Sunnah:-In constitutional making Sunnah has a great role. God has delegated legislative powers to the Holy Prophet. He (S. A. W) gave practical shape and concrete form to the injunctions of Quran.
7. Conclusion:-To conclude, I can say, that Sunnah is the second primary source of Islamic law. It is interlinked with the Quran insofar as it restricts its general meaning or qualifies its absolute texts or explains its difficult words.