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Home / Islamic Shariah / Islamic jurisprudence

The Traditions Second Source of Jurisprudence

Khaled Fahmy

Published On: 27/5/2017 A.D. - 1/9/1438 H.   Visited: 7662 times     


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The Traditions

Second Source of Jurisprudence

The traditions of the Prophet better known as Sunnah or Hadîth is the second and undoubtedly secondary source from which the teachings of Islam are drawn. Sunnah, literally means a way or rule or manner or example of acting, or mode of life; and hadîth, a saying conveyed to man either through hearing or through revelation,[1]. In Sunnah indicates the doings and hadîth the sayings of the Prophet, but, in effect, both cover the same ground and are applicable to his actions, practices, and sayings, hadîth being the narration record of the Sunnah but containing in addition, various prophetical and historical elements

There are three kinds of Sunnah:

1)            it may be a saying of the Prophet which has a hearing on a religious object;

2)            it may be an action or practice of his,  or

3)            it may be his silent approval of the action or practice of some person.

We shall now consider to what extent can teachings of Islam, its principles and it laws, be drawn from this source. The Qu’ran generally deals with the broad principles or essentials of religion going into details in care cases. The details were generally supplied by the Prophet himself, either by showing in his practice how an injunction shall be carried out, or by giving explanation in words.

The Sunnah or hadîth of the Prophet was a thing whereof the need had been felt after his death and which was much needed in his lifetime. The two most important institutions of Islam for instance, are prayer and zakat [alms-giving]; yet when injunctions relating to prayer and zakat were delivered and they were repeatedly met with both in Makkah and Al-Medina revelations, no details were supplied “Keep up prayer” is the Qu’ranic injunction, and it was the Prophet himself who by his own action gave the details of the prayer. “Pay the alms is again an injunction frequently repeated in the Glorious Qu’ran, yet it was the Prophet who gave the rules and regulations for its payment and collection. These are but two examples; but since Islam covered the whole sphere of human activities; hundreds of points had to be explained by the Prophet by his example in action and word, while on the moral side, his was the pattern which every Muslim was required to follow. “Verily in the messenger of God you have a good example to follow' [33:21]. The man, therefore, who embraced Islam stood in need of both the Glorious Qu’ran and the Sunnah.


Transmission of Hadîth in the Prophet's Lifetime

The transmission of the practices and sayings of the Prophet from one person to another became neces­sary during the Prophet's lifetime. In fact, the Prophet himself used to give instructions with regard to the transmission of what he taught. Thus, when a deputation of a certain tribe came to wait upon him in the early days of Al-Medina, the Prophet concluded his instructions to them with the words “Remember this and report it to those whom you have left behind”[2]

Similar were his instruction in other cases “Go back to your people and teach them these things.”[3]

There is another report according to which, on the occasion of a pilgrimage, the Prophet, after enjoining on the Muslims the duty of holding sacred each other’s life, property, and honour, added: “He who is present here should carry this message to him who is absent”. Again there is adequate historical evidence that whenever a people embraced Islam, the Prophet used to send to them one or more of his missionaries, who not only taught them the Qu’ran but also explained to them how the injunctions of the Glorious Qu’ran were to be carried out in practice. It is also in record that people came to the Prophet and demanded teachers who could teach them the Qu’ran and the Sunnah, saying. “Send us men to teach us the Qu’ran and Sunnah.” The companions of the Prophet knew full well that the injunctions and practices were to be followed, should no express direction be met with in the Qu’ran. It is related that when Mu’az ibn Jabal on being appointed governor of Yemen by the Prophet, was asked how he would judge cases, his reply was, “By the Book of God' again he was asked “What he would do if he did not find a direction in the Book of God” he replied, “By the Sunnah of the Prophet of God. The Sunnah was, therefore, recognised in the lifetime of the Prophet as affording guidance in religious matters. The popular idea in the West that the need for Sunnah was felt, and the force of law given to hadîth after the death of the Prophet, is opposed by the facts.[4]

 



[1] Hence the Glorious Quran is also spoken of as "hadîth" [18; 5; 39; 23]. The word "Sunnah" is used in the Glorious Quran as a general sense, meaning a way or rule. Thus 'sunnat al-AwwaIin' [18; 38; 15; 13; 18; 55; 55; 43] means the way or example' of the former generations and is frequently used in the Glorious  Quran as signifying God’s way of dealing with people, which is also spoken of as 'sunnat-Allah' or God's way of dealing with people.

[2] Al-Bukhari reports on “hadith”

[3] Ibid.

[4] Muir writes in his introduction to "The life of Mohamed':- "Scarcely was the Prophet buried when his followers resolved to adopt the custom [Sunnah] of Mohamet, that is his sayings and practices as supplementary of the Quran [page XXIX] And even a recent writer, Guillaume, writes in the "Tradition of Islam":- “While, the Prophet was alive he was the sole guide in all matters whether spiritual or secular. Hadîth or tradition in the technical sense may be said to have begun at his death" [p. 13]



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