(Second Source of Islamic Jurisprudence)
The second source of Islamic jurisprudence is Sunnah. The literal meaning of Sunnah is the path and method of action. In the term Sunnah, it is used to mean the sayings, actions and speeches of the Prophet Muhammad (peace and blessings of Allah be upon him). The sayings and actions of the Companions are also included in the Sunnah.
لسُّنَّةُ تُطْلَقُ عَلٰی قَولِ الرَّسُولِ وَ فِعْلِہ وَسُکُوْتِہ وَعَلٰی أقْوَالِ الصَّحَابَةِ وَأفْعَالِھِمْ.
The Sunnah applies to the words, actions and silence of the Messenger of Allah (peace and blessings of Allah be upon him) as well as to the words and actions of the Companions.”
The author of Kashf al-Israr writes
“The word Sunnah includes the words and actions of the Messenger of Allah (peace and blessings of Allah be upon him) as well as the way of the Messenger and the Companions.
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To solve any legal problem, a jurist first studies the Holy Quran and looks at the verses of the Quran, which are more or less 500. If the solution to this problem is not known from any verse of the Holy Quran, then he searches for it in the Sunnah of the Prophet (peace and blessings of Allaah be upon him); so that the problem becomes clear. There are many examples of solving jurisprudential problems in the Sunnah.
Examples of Solving Jurisprudential Problems in the Sunnah
(1) The Holy Quran has ordered prayer, fasting, zakat, sadaqah, hajj and other similar acts of worship; but since the example of the Holy Quran is textual and its explanation can be known from the Sunnah, we will know the explanation of the performance of prayer, rak’ah, time and other similar acts of worship to a sufficient extent from the Sunnah; therefore, accessing the details of these acts of worship is not possible without resorting to the Sunnah.
(2) The Holy Quran states:
وَیَحِلُّ لَھُمُ الطَّیِّبَاتُ وَیُحَرِّمُ عَلَیْھِمُ الْحَبَائِثَ﴾
That is, pure things are lawful for you and impure things are forbidden for you. Now, how to know the definition of pure and impure things, one can get guidance from the Sunnah. For example, the Holy Prophet (peace and blessings of Allaah be upon him) declared the meat of every animal that is hunted and eaten as haram, and from this the forbidden animal was determined. In addition, he also declared the bird that is hunted and eaten as haram, and similarly he also determined the pure things.
The meaning of many verses of the Holy Quran cannot be known from a dictionary or any other source
If the Sunnah is not present, the meaning of many verses of the Holy Quran cannot be known from a dictionary or any other source. The Holy Quran mentions I’tikaf; but what is meant by I’tikaf? Who is called an ‘A’kif? There are hundreds of such commands in the Holy Quran, for the interpretation and explanation of which it is extremely important to have the interpretation and explanation of the Sunnah. The Holy Quran mentions Tayammum; but for its details and the jurisprudential interpretation of other commands, it is necessary to study the Sunnah.
The principle of the Holy Quran is
﴿لاَ تَأکُلُو أمْوَالَکُمْ بَیْنَکُمْ بِالْبَاطِلِ الاَّ أنْ تَکُوْنَ تِجَارَةً عَنْ تَرَاضٍ مِّنْکُمْ﴾
That is, do not consume one another’s property in a wrong way, except in the case of trade and transaction by mutual consent; therefore, if trade or transaction is done by mutual consent, it is permissible; but if the same act is done by false means, it is prohibited. Now, this is a general principle of the Quran; but how will it be applied and in what cases will it be applied?
There are numerous hadiths that provide explanatory points in this regard. For example, the hadith prohibits a sale in which no “property” is in the possession of the seller; in order to avoid corruption. Therefore, if a person sells unripe fruit growing on a tree or sells fish in the water, since it is possible that the amount sold may be more or less than the amount sold, then there is a risk of dispute. Therefore, Islam did not allow such a sale; although apparently this is also a trade.
It is not correct to understand from all these examples that the function of the Sunnah is simply to explain the Quranic injunctions; rather, the function of the Sunnah is also to give direct orders and it is obligatory for the Ummah to follow them. This is why there are many issues of permissible and impermissible that we know directly from the Sunnah.
For example, the Prophet (peace and blessings of Allaah be upon him) permitted the option of a condition. That is, if a person buys something and makes a condition with the seller that if I do not like the thing, I can withdraw from the sale within three days. Now this injunction is not directly contained in the Holy Quran; but it is part of the Islamic principles of sale and according to Hanafi jurisprudence, it is obligatory to follow it. Similarly, there are many other examples from which it is clear that the Sunnah is a direct source of Sharia; therefore, it gets rid of many complications and makes many difficulties easier.
Explanatory Status of the Sunnah
The following is the result of Maulana Amini’s study regarding the various aspects of the explanatory status of the Sunnah:
(1) The Messenger of Allah (peace and blessings of Allah be upon him) explained the verses in the Holy Quran that were comprehensive.
(2) He restricted those that were absolute in terms of occasion and action.
(3) He explained the interpretation of those that were difficult.
(4) The Prophet of Allah (peace and blessings of Allah be upon him) explained the Quranic rules that were comprehensive, that is, the nature of the action, the causes, conditions, and necessities, etc., were not detailed; therefore, the details of prayer and zakat, etc., mentioned in the “Sunnah”, are all explanations and explanations of the Holy Quran.
(5) He explained the rulings of many events in the light of the Quranic explanations. For example, he compared the rules mentioned in the chapter on halal and haram to those that were doubtful and doubtful, which were not specified in the Holy Quran.
(6) In view of the principles and objectives of the Quran, he explained the order of means and resources in accordance with the time and place.
(7) He derived such principles from the Quranic statements that opened the way for reasoning about new situations and problems.
(8) He explained the reasons and causes, wisdom and expediency of the Quranic injunctions, from which many principles and generalities were derived.
(9) He derived divine wisdom from the Quranic instructions, discovered its objectives, and then in this light made the Sharia compatible with the practical life of man.
(10) He lived his life in such a way that it became a complete commentary on the Quranic life.
Knowledge of the Sunnah for the Compilation of Jurisprudence
The Sunnah is considered the primary source for understanding Islamic jurisprudence and deriving contemporary issues; therefore, scholars and jurists have considered it essential to have the following knowledge of the Sunnah for the compilation of jurisprudence:
Levels and ranks of rulings reasoning from the Quran
Knowledge and transmission of Hadith
Maulana Muhammad Taqi Amini (may Allah have mercy on him) writes about this part of the Sunnah, which is related to general events and sermons:
“According to the general jurists, familiarity with it is not necessary for making laws; but if we look at it carefully, it provides great guidance in understanding social life and in this capacity determining the place of law, as well as in making the law effective. If we ignore it and carry out the compilation of law, it will be dry and dull, and the element of passion and love, which is the soul of Islamic law, will decrease.”
