Science of Sources
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Lesson 27
Evidence
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Main
Points
This science deals
with deducing the legal rulings based on evidence derived from Shari`ah sources.
Evidence that can be
applied:
·
Shari`ah sources are utilized in the following
order: Qur’an, Sunnah, consensus (Ijma`), and reasoning based on analogy (Qiyas).
·
The
Qur’anic rulings are unquestionable, as each word was revealed by Allah to the
Prophet (peace be upon him), and is preserved from corruption, until the end of
time.
·
The Qur’anic texts concerning meaning are
either conclusive or presumptive.[1]
·
Sunnah
is defined as all that was said, done, or tacitly approved by the Prophet (peace
be upon him).
·
Sunnah confirms a ruling in the Qur’an, explains in
detailed form, all that was mentioned in the Qur’an in broad terms, restricts
what is mentioned in categorical terms, and specifies what is mentioned
generally, and establishes a ruling that was not outlined in the Qur’an.
·
Concerning the number of transmitters, the
Sunnah is either Mutawatir (well-known) or singular (Ahad).
·
The
Sunnah which is Mutawatir is a narration from the Prophet (peace be upon him)
that can be traced back to the Prophet himself without any doubt. The well-known
Sunnah is where the transmission can be traced back to the Prophet with great
probability of its being authentic, along with great conclusiveness of its
attribution to the Companions. The singular (Ahad) Sunnah is not confirmed in
its authenticity. All the above types should be accepted, either as a certain or
predominant evidence.
·
The
Prophet's (peace be upon him) personal thoughts, inclinations, personal habits,
and the way in which he dealt with his everyday affairs, are not considered
abiding legislation, unless they contain some element of guidance to be
followed.[2]
·
Consensus
is to be resorted to only where there is no legal ruling included in the
authentic texts, i.e. Qur’an and authentic Sunnah. Consensus is the agreement
of the majority of Muslim scholars of those who exercise Ijtihad (independent
reasoning based on religious sources), after the Prophet's death, pertaining to
a legal ruling. There is some disagreement on the validity of this method of
deriving Islamic rulings.[3]
·
Analogy
means to draw a similitude between two similar incidents. One can be judged
directly according to the authentic text while the other can not, and both have
common attributes relevant to the same ruling.
·
The
use of analogy is considered an authentic means of deducing Islamic rulings
according to the majority of scholars.
·
The
pillars on which analogy is built are: the source (on which the analogy is
based), the branch (what is to be equated to the source), the ruling of the
source (based on an authentic text), the “effective case” (an attribute of
the source which was the cause of the ruling, and which is shared by the branch)
·
The
effective case should be a characteristic which is: obvious, accurately defined,
conducive to the wisdom behind the ruling, and not restricted to the source
alone.
·
The
scholars of jurisprudence differ regarding the validity of the following
evidence: application of discretion, public interest, prevalent customs,
presumption of continuity, the laws of (pre-Islamic) predecessors, and the
particular school of thought of a Companion.
·
The
application of discretion means to prioritize: an exceptional ruling over a
common one due to a more substantiated proof, a special ruling over a general
one, or a latent analogy over an evident one.
·
Public
interests are those interests for which no explicit ruling exists to allow or
forbid.
·
Prevalent
customs are practices that are known and followed by people, but which do not
contradict a piece of evidence, do not permit what is prohibited, do not
prohibit what is permitted, and do not annul a religious duty.
·
Presumption
of continuity means to maintain a ruling that was valid in the past until a real
need to change it emerges.
·
The
(sacred) law of (pre-Islamic) predecessors, is what is proven to be in
conformity with our law.
· The school of thought of a Companion is what is pertinent to him other than his narrations of the Hadith
Evidence of the Qur'an and Sunnah
Legislative Evidence:
When
the Prophet of Allah (peace be upon him) intended to send Mu`adh Ibn Jabal
to Yemen, he asked: How will you judge when you are asked to rule on
something? He replied: I shall judge in accordance with Allah’s Book. He
asked: (What will you do) if you do not find any guidance in Allah’s Book?
He replied: (I shall act) in accordance with the Sunnah of the Prophet of
Allah (peace be upon him). He asked: (What will you do) if you do not find
any guidance in the Sunnah of the
Prophet of Allah (peace be upon him) and in Allah’s Book? He replied: I
shall do my best to reach a ruling and I shall spare no effort. The Prophet
of Allah (peace be upon him) then patted him on the breast and said: Praise
be to Allah Who has helped the messenger of the Messenger of Allah to find
something which pleases the Messenger of Allah.”
(Reported
by At-Tirmidhi)
The validity of Sunnah:
Allah
says:
]يَا
أَيُّهَا
الَّذِينَ
آمَنُواْ
أَطِيعُواْ
اللّهَ
وَأَطِيعُواْ
الرَّسُولَ
وَأُوْلِي
الأَمْرِ
مِنكُمْ
فَإِن
تَنَازَعْتُمْ
فِي شَيْءٍ
فَرُدُّوهُ
إِلَى اللّهِ
وَالرَّسُولِ[
(النساء:
59)
This
means: “O you who believe! Obey Allah and obey the Messenger (Muhammad SAW),
and those of you (Muslims) who are in authority. (And) if you differ in
anything amongst yourselves, refer it to Allah and His Messenger (SAW).” (4, An-Nisa’:
59)
Allah
says:
]فَلاَ
وَرَبِّكَ
لاَ
يُؤْمِنُونَ
حَتَّىَ
يُحَكِّمُوكَ
فِيمَا
شَجَرَ
بَيْنَهُمْ
ثُمَّ لاَ
يَجِدُوا
فِي
أَنفُسِهِمْ
حَرَجًا
مِّمَّا
قَضَيْتَ
وَيُسَلِّمُواْتَسْلِيمًا[
(النساء:
65)
Allah
says:
]وَمَا
آتَاكُمُ
الرَّسُولُ
فَخُذُوهُ
وَمَا
نَهَاكُمْ
عَنْهُ
فَانتَهُوا[
(الحشر:
7)
This
means: “And whatsoever the Messenger (Muhammad SAW) gives you, take
it, and whatsoever he forbids you, abstain (from it).” (59, Al-Hashr: 7)
Allah
says:
]قُلْ
أَطِيعُواْ
اللّهَ
وَالرَّسُولَ[
(آل
عمران: 32)
This
means: “Say (O Muhammad SAW): Obey Allah and the Messenger (Muhammad SAW).”
(3, Al-`Imran: 32)
Allah
says:
]مَّنْ
يُطِعِ
الرَّسُولَ
فَقَدْ
أَطَاعَ
اللّه[
(النساء:
80)
This
means: “He who obeys the Messenger (Muhammad SAW), has indeed obeyed
Allah.” (4, An-Nisa’: 80)
Allah
says:
]وَمَا
كَانَ
لِمُؤْمِنٍ
وَلا
مُؤْمِنَةٍ
إِذَا قَضَى
اللَّهُ
وَرَسُولُهُ
أَمْرًا أَن
يَكُونَ
لَهُمُ
الْخِيَرَةُ
مِنْ
أَمْرِهِمْ[
(الأحزاب:
36)
This
means: “It is not for a believer, man or woman, when Allah and His
Messenger have decreed a matter that they should have any option in their
decision.” (33, Al-Ahzab: 36)
The validity of consensus:
Allah
says:
]يَا
أَيُّهَا
الَّذِينَ
آمَنُواْ
أَطِيعُواْ
اللّهَ
وَأَطِيعُواْ
الرَّسُولَ
وَأُوْلِي
الأَمْرِ
مِنكُمْ[
(النساء:
59)
This
means: “O you who believe! Obey Allah and obey the Messenger (Muhammad SAW),
and those of you (Muslims) who are in authority.” (4, An-Nisa’: 59)
Allah
says:
]وَلَوْ
رَدُّوهُ
إِلَى
الرَّسُولِ
وَإِلَى
أُوْلِي
الأَمْرِ
مِنْهُمْ
لَعَلِمَهُ
الَّذِينَ
يَسْتَنبِطُونَه
مِنْهُمْ[
(النساء:
83)
This
means: “If only they had referred it to the Messenger or to those charged
with authority among them, the proper investigators would have understood it
from them (directly).” (4, An-Nisa’: 83)
Allah
says:
]وَمَن
يُشَاقِقِ
الرَّسُولَ
مِن بَعْدِ
مَا
تَبَيَّنَ
لَهُ
الْهُدَى
وَيَتَّبِعْ
غَيْر
سَبِيلِ
الْمُؤْمِنِينَ
نُوَلِّهِ
مَا
تَوَلَّى
وَنُصْلِهِ
جَهَنَّمَ
وَسَاءت
مَصِيرًا[
(النساء:
115)
This
means: “And whoever contradicts and opposes the Messenger (Muhammad SAW)
after the right path has been shown clearly to him, and follows other than
the believers' way. We shall keep him in the path he has chosen, and burn
him in Hell - what an evil destination.” (4, An-Nisa’: 115)
The
Prophet (peace be upon him) said:
“And that you could
not all agree on an error.” (Reported by Abu Dawud)
.