Qur'an and Sunnah Distinguished (2/3)

In response to the assertion that the Sunnah is the arbiter of the Qur'an, it will be noted, as al-Shatibi points out, that this need not interfere with the order of priority in favor of the Qur'an. For in all cases where the Sunnah specifies or qualifies the general or the absolute terms of the Qur'an, the Sunnah in effect explains and interprets the Qur'an. In none of such instances is the Qur'an abandoned in favor of the Sunnah. The word qadiyah (arbiter) in the expression quoted above therefore means mubayyinah (explanatory) and does not imply the priority of the Sunnah over the Qur'an. The textual rulings of the Qur’an concerning theft and the obligation of zakah have, for example, been qualified by the Sunnah. However, it is only proper to say that in both these cases, the Sunnah elaborates the general rulings of the Qur'an, and it would hardly be accurate to suggest that the Sunnah has introduced anything new or that it seeks to overrule the Qur'an. When an interpreter explains a particular legal text to us, it would hardly be correct to say that we act upon the words of the interpreter without referring to the legal text itself.[1]

Furthermore, the explanatory role of the Sunnah in relationship to the Qur'an has been determined by the Qur'an itself, where we read in an address to the Prophet in Surah al-Nahl (16:44): 'We have sent down to you the Remembrance so that you may explain to the people what has been revealed to them.' The correct conclusion drawn from this and similar Qur'anic passages is that the Sunnah, being explanatory to the Qur'an, is subordinate to it.[2]

Is Sunnah an Independent Source?

An adequate answer to the question as to whether the Sunnah is a mere supplement to the Qur'an or a source in its own right necessitates an elaboration of the relationship of the Sunnah to the Qur'an in the following three capacities:

Firstly, the Sunnah may consist of rules that merely confirm and reiterate the Qur’an, in which case the rules concerned originate in the Qur'an and are merely corroborated by the Sunnah. The question as to whether the Sunnah is an independent source is basically redundant with regard to matters on which the Sunnah merely confirms the Qur'an, as it is obvious that in such cases the Sunnah is not an independent source. A substantial part of the Sunnah is, in fact, of this variety: all ahadith pertaining to the five pillars of the faith and other such matters like the rights of one's parents, respect for the property of others, and ahadith which regulate homicide, theft and false testimony, etc., basically reaffirm the Qur'anic principles on these subjects.[3]

To be more specific, the Hadith that "it is unlawful to take the property of a Muslim without his express consent,[4] merely confirms the Qur'anic ayah which orders the Muslims to "devour not each other's properties unlawfully unless it is through trade by your consent” (Surah al-Nisa, 4:19). The origin of this rule is Qur'anic, and since the foregoing Hadith merely reaffirms the Qur’an, there is no room for saying that it constitutes an independent authority in its own right.

Secondly, the Sunnah may consist of an explanation or clarification to the Qur’an; it may clarify the ambivalent (mujmal) of the Qur’an, qualify its absolute statements, or specify the general terms of the Qur'an. This is once again the proper role that the Sunnah plays in relationship to the Qur’an: it explains it. Once again a substantial part of the Sunnah falls under this category. It is, for example, through this type of Sunnah that Qur'anic expressions like salah, zakah, hajj and riba, etc., have acquired their juridical (shari') meanings. To give another example, with regard to the contract of sale the Qur'an merely declares sale to be lawful as opposed to riba, which is forbidden. This general principle has later been elaborated by the Sunnah which expounded the detailed rules of Shari'ah concerning sale, including its conditions, varieties, and sales which might amount to riba. The same could be said of the lawful and unlawful varieties of food, a subject on which the Qur'an contains only general guidelines while the Sunnah provides the details.[5]

Again, on the subject of bequest, the Qur'an provides for the basic legality of bequest and the rule that it must be implemented prior to the distribution of the estate among the heirs (see Surah al-Nisa', 4:12). The Sunnah supplements these principles by enacting additional rules which facilitate a proper implementation of the general principles of the Qur'an.[6]

The foregoing two varieties of Sunnah between them comprise the largest bulk of Sunnah, and the ulema are in agreement that these two types of Sunnah are integral to the Qur'an and constitute a logical whole with it. The two cannot be separated or taken independently from one another. It is considered that the Sunnah which qualifies or elaborates the general provisions of the Qur'an on devotional matters (ibadat), on the punishment of theft, on the duty of zakat, and on the subject of bequest, could only have originated in divine inspiration (ilham), for these cannot be determined by means of rationality and ijtihad alone.[7]

Thirdly, the Sunnah may consist of rulings on which the Qur'an is silent, in which case the ruling in question originates in the Sunnah itself. This variety of Sunnah, referred to as al-Sunnah al-muassisah, or 'founding Sunnah', neither confirms nor opposes the Qur'an, and its contents cannot be traced back to the Holy Book. It is only this variety of Sunnah which lies in the centre of the debate as to whether the Sunnah is an independent source of law. To give some examples: the prohibition regarding simultaneous marriage to the maternal and paternal aunt of one's wife (often referred to as 'unlawful conjunction'), the right of pre-emption (shuf'), the grandmother's entitlement to a share in inheritance, the punishment of rajm, that is, death by stoning for adultery when committed by a married Muslim - all originate in the Sunnah as the Qur'an itself is silent on these matters.[8]

There is some disagreement among jurists as to whether the Sunnah, or this last variety of it at any rate, constitutes an independent source of Shari'ah. Some ulema of the later ages (al-muta’akhkhirun), including al-Shatibi and al-Shawkani, have held the view that the Sunnah is an independent source.[9]

They have further maintained that the Qur'anic ayah in Surah al-Nahl (16:44 - quoted above) is inconclusive and that despite its being clear on the point that the Prophet interprets the Qur'an it does not overrule the recognition of the Sunnah as an independent source. On the contrary, it is argued that there is evidence in the Qur'an which substantiates the independent status of Sunnah. The Qur'an, for example, in more than one place requires the believers to 'obey God and obey His Messenger’, (see Surah al-Nisa. 4:58; 4:80; Surah al-Ma'idah, 5:92). The fact that obedience to the Prophet is specifically enjoined next to obeying God warrants the conclusion that obedience to the Prophet means obeying him whenever he orders or prohibits something on which the Qur'an might be silent. For if the purpose of obedience to the Prophet were to obey him only when he explained the Qur'an, then 'obey God' would be sufficient and there would have been no need to add the phrase 'obey the Messenger'.[10]

Elsewhere the Qur'an clearly places submission and obedience to the Prophet at the very heart of the faith as a test of one's acceptance of Islam. This is the purport of the ayah which reads:

'By thy Lord, they will not believe till they make thee the judge regarding disagreements between them, and find in themselves no resistance against the verdict, but accept it in full submission' (Surah al-Nisa, 4:65).

(Continued)