president of Fatwa s commission, and the secretary of the Reconciliation Council of Tizi-Ouzou- Algeria Fiqh Ed-dawa

Transcription

1 The sources to which the Ulemas refer in deducing the legal stances of different matters and issues are divided into two types: those on which the Ulemas agreed and those upon which they disagreed. I. The sources agreed on They are: the Noble Qur an, the Sunna, Idjmaâ (unanimity among the Sahaba and the Ulemas) and Qiyas (Analogy). 1. The Noble Qur an A) Its definition The Qur an is the inimitable word of Allah -High Exalted is He; it is revealed to the prophet Muhammad -may peace be upon him- in the Arabic language and it is transmitted to us by narration. It is written in books (Massahif), recited during prayers, it begins with Surat Al-Fâtiha (the Opening) and ends with Surat An-Nâs (the Mankind). B) Its authority All the Muslims agreed on the legitimacy of the Noble Qur an and the obligation to act according to every injunction it includes. It is the first source to which the diligent must always refer in order to be cognizant of Allah's instructions, and he must not use another reference unless the stance he is looking for is not mentioned in the Noble Qur an. C) Some signs of its inimitability Allah -High Exalted is He- sustained His prophets with miracles to substantiate that He is their Sender and the One who orders them to promulgate His religion. Allah the Great endowed His prophet Muhammad -may peace be upon him- with the most impressive miracle which is the Glorious Qur an. Here are some of the signs that indicate the wondrous nature and the inimitability of the Holy Qur an: C.1 Its eloquence and straightforward style The linguists as well as the rhetoricians corroborate and attest that the Glorious Qur an reached the highest levels of eloquence. Allah defied the Arabs who are the giants of eloquence and fluency to bring a book similar to the Qur an, or ten chapters, or at least one chapter but they failed. Allah the Compassionate said: «Say: if mankind and the Jinn banded together to produce the likeness of the Qur an, they would never be able to produce the likeness of it, even if they all helped one another». [Surat Al-Isrâ /the Nocturnal Trip, 88] «Say: forge them ten Surat (chapters) similar to it, and call to your assistance whoever you can, other than Allah, if you are truthful in your claim». [Surat Hood, 13] «Say, than bring a chapter like it and call upon whoever you can other than Allah, if you speak the truth». [Surat Yunes/the Prophet Jonah, 38] Allah, then, confirms the inability of mankind to bring one chapter at present or in the future. He said: «And if you have doubt about what we have revealed (Qur an) to our servant (Muhammad), then compose a chapter like it, and call upon your helpers other than Allah if your claims are true. But if you do not do it, and you will never do it, then fear the fire whose fuel is mankind and stones which is prepared for the unbelievers». [Surat Al- Baqara/the Heifer, 23-24]

2 C.2 Its information about the Unseen Allah the Great informed His prophet Muhammad -may peace be upon him- about the victory of the Romans over the Persians before the war breaks out. He said: «Alif, Lam, Mim. The Romans have been defeated in a nearby land, and after their defeat they will conquer within a few years. To Allah belongs the command, in the former and in the latter, and on that day the believers shall rejoice with the victory of Allah, He helps whom he pleases, and He is the Almighty, the All-Merciful». [Surat Ar-Rûm/the Romans, 1 to 05] - The Almighty Allah told His prophet about his triumph over Mecca He said: «Indeed Allah has fulfilled the vision of His Messenger in truth: you shall enter the sacred Mosque, if Allah pleases in serenity, having your heads shaved, your hair cut, and you shall have nothing to fear. But He knows what you do not know, then He granted you, another than this a victory in a short time». [Surat Al-Fath/the Conquest, 27] - Allah the Great informed His messenger about occurrences that happened a long time ago, and that were mentioned in the other Holy Scriptures. The Qur an also recounted what happened with the other prophets and their people, He said: «Such are the tidings of the unseen, which we have revealed to you, which neither you nor your people knew before this, so be patient, ultimately the pious shall be successful». [Surat Hood, 49] C.3 Its containment of different legislative injunctions. These injunctions are related to belief, worship, morals and transactions. C.4 Its continuity and perpetuity. Allah the Great said: «Indeed! We are the One who has revealed the Qur an, and We will most surely preserve it». [Surat Al-Hijr/ the Rock, 09] C.5 Scientific inimitability of the Noble Qur an The Noble Qur an is a Book of legislation and guidance; and it is a book of science too. It includes so many indications of scientific realities that modern sciences confirm. The Almighty Allah said: «Do not the unbelievers see that the heavens and the earth were one mass, then We rent them apart, and We made every living thing out of the water? Will they not then believe?». [Surat Al-Anbiyâ /the Prophets, 30] In this verse, there is an indication that earth and heavens were once a mass, and then earth is separated from it. Allah the Great also said: «Whoever Allah whishes to guide, He expands his chest to Islam, and whoever He wishes to leave astray, He makes his chest narrow and constricted as if he were climbing up to the sky». [Surat Al-Anâm/the Cattle, 125] This verse indicates that the amount of oxygen decreases whenever scaling the sky. The Almighty Allah in other verses pointed out that He created everything in pairs. He said: «And of everything we created pairs, that you may reflect». [Surat Az-Zariât/the Wind that Scatters, 49] «Glory to be to Him, who created the couples of every kind of what the ground caused to grow, and of themselves». [Surat Yâ-Sîn, 36] Allah the Great showed that every human being has his own fingerprints which are distinct and different from those of the other beings. He -High Exalted is He- said: «Does mankind think that We shall not assemble his bones? Yes indeed! We are able to restore very fingertip». [Surat Al-Qiyâmah/the Day of Resurrection, 3-4] D) The reason of revealing the Noble Qur an sporadically The Noble Qur an was revealed on stages and not at once because of many reasons; some of them are summarized in the following points:

3 D.1 To strengthen the heart of the prophet Muhammad -may peace be upon him- as it is clearly stated in His saying -High Exalted is He-: «And the unbelievers say: "Why has the Qur an not been revealed to him all at once?" This is so we may strengthen your heart thereby, and We revealed it part after part». [Surat Al-Furqân/the Criterion, 32] The prophet s heart is fortified while revealing the verses of the Noble Qur an; they provide him with power to bear patiently; and strengthen his determination and resolution. Why should not be so since Allah the Almighty addresses him with the following verses: «So bear patiently, as the Messengers possessed of constancy were patient». [Surat Al- Ahqâf/the Sand Dunes, 35] «And wait patiently for the judgment of your Lord; surely you are in our sight». [Surat At -Tûr/ Mount Tur, 48] «And all We relate to you of the tidings of the messengers in order to make firm your heart». [Surat Hood, 120] «And many Messengers before you were disbelieved, but they were patient and constant when so disbelieved and harmed, until Our help come to them». [Surat Al-Anâm, 34] D.2 To be lenient towards the prophet Muhammad -may peace be upon him- while revealing the Qur an. The revelation of the Noble Qur an required leniency with the prophet Muhammad -may peace be upon him- due to what it encompasses of reverence, sublimity and sedateness. This is why the Almighty Allah sent it down part by part. Allah the Great said: «Soon we shall send down upon you a momentous message». [Surat Al-Muzamil/the Enwrapped, 5], «If we have sent down this Qur an upon a mountain, surely you would have seen it humbling itself, and splitting asunder out of fear of Allah». [Surat Al-Hashr/the Gathering, 21] If this would be the state of the mountain if the Noble Qur an is revealed upon it so how would be the state of the prophet Muhammad -may peace be upon him- and he is the most sensitive and soft hearted person and the one who fully appreciates the value of Allah's word (the Qur an). Aîsha, the prophet s wife, described the state of the prophet Muhammad -may peace be upon himat the moment of revealing the Qur an and said: «I saw him when sending down upon him the revelation, in a very cold day, and when the Wahy (Gabriel) goes away from him, his forehead drips with perspiration». [Reported by El-Bukhâri] D.3 Upbraiding the disbelievers persistently and reminding them of their perversion from the right way of guidance. The Almighty Allah, on the other hand, strengthens the believers hearts and consoles them and pours out upon them great patience and certitude. D.4 To graduate in educating effectively the Muslim society, and this would be by the elimination of vices and evils and inculcating virtues in the society. D.5 Muslims were illiterate at the time of revelation. Thus, its sending down sporadically facilitates for them its learning (memorization) and understanding. He said: «Allah is the One who has sent among the unlettered ones a Messenger from among themselves, to recite His revelation to them, and to teach them the Book and the wisdom». [Surat Al- Jumu ah/the Friday, 2] D.6 To graduate in legislating injunctions: the best example of this is the wise and gradual gradation in prohibiting wine. Wine is dispraised three times through three steps before its definite prohibition in the fourth step: The first step: the Almighty Allah said: «And from the fruits of the palms and the vines. You obtain from them intoxicant and a goodly provision». [Surat An-Nahl/the Bee, 67] The second step: Allah the Great said: «They ask you about intoxicants and gambling say: In both of them there is grievous sin, and some profit for people; but the sin is more grievous than the profit». [Surat Al-Baqara/the Heifer, 219]

4 The third step: the Almighty Allah said: «O you who believe! Do not approach prayer while you are intoxicated, until you can understand all that you say». [Surat An-Nissâ /the Women, 43] Fourth step: the final and definitive prohibition of wine. Allah said: «O you who believe! Most certainly intoxicants and gambling and idol worship and fortune telling are an abomination of Satan s handiwork, so shun it, that you may prosper. Satan desires only to cause enmity and hatred between you with intoxicants and gambling, and to hinder you from the remembrance of Allah and from prayer, you will then desist». [Surat Al-Mâi da/the Table Spread, 90-91] E) The types of instructions embodied in the Noble Qur an The Noble Qur an comprehends all the laws and injunctions that concern human being. They may be classified into the following categories: E.1 Instructions of belief. They are related to faith and belief. Among the verses that determine them, the following ones: «The Messenger believes in what is revealed to him from his Lord, and so do the believers. They all believe in Allah and His angles and His books and His Messengers, We make no distinction between any of His Messengers». [Surat Al-Baqara/the Heifer, 285] «Alif (A) - Lam (L) - Mim (M). Allah there is no Allah but He, The Ever-Living, The Eternal Power». [Surat Al-Imrân/the Family of Imran, 1-2] «Alif (A), Lâm (L), Mîm (M). Allah there is no god but He, the ever Hearing, the All- Seeing». [Surat Ash-Shurâ/the Consultation, 11] «He is Allah; there is no Allah but He. He is the sovereign, the Holy, the Peace, and the Giver of faith, the Overall Controller, the Almighty, the Compeller, and the Majestic. Glory to be to Allah above that they associate! He is Allah the Creator, the Maker, the Shaper, to Him belongs the most sublime attributes. All that is in the heavens and the earth glorify Him, and He is the Almighty, the All-Wise». [Surat Al-Hashr/the Resurrection, 23-24] «Say He is Allah, the One and Only. The Eternal cause of all beings. He begets not, nor He begotten. And there is none comparable to Him». [Surat Al-Ikhlâs/Sincerity of faith] E.2 Moral instructions. They are related to the principle virtues. Among the verses that stipulate them, the followings: «And surely you are of great morality». [Surat Al Qalâm/the Pen, 4] «O You who believe! Fear Allah and be with those who are frightful». [Surat At-Tawba/the Repentance, 119] «But if you are patient, it will certainly be best for those who are patient». [Surat An- Nahl, 126] «Who restrain anger, and pardon people, and Allah loves the charitable». [Surat Al- Imrân, 134] «And prefer others above themselves, even though poverty may afflict them». [Surat Al-Hashr, 09] E.3 Practical instructions. They can be divided into two types: worships and transactions. Among the verses in which these instructions are mentioned, the following ones: «And establish prayer and pay alms and bow down in the company of others bowing down». [Surat Al-Baqara, 43] «O you who believe! Fasting is ordained for you as it is ordained for those before you, that you may be pious». [Surat Al-Baqara, 183] «To make the pilgrimage to the House, whoever has the means to make the journey». [Surat Al-Imrân, 97] «To men a share of what parents and near of kin leaves, whenever it is little or much, an appointed share». [Surat An-Nissâ, 07]

5 «A divorce is only to be effected twice, and then either stay together with honor or separate in kindness». [Surat Al-Baqara, 229] «But Allah has allowed trading and forbidden usury». [Surat Al-Baqara, 275] «O you who believe! When you borrow money from each other for a definite period, then write it down». [Surat Al-Baqara, 282] «And there is life for you in retribution. O you who possess minds». [Surat Al-Baqara, 179] F) Qur an s demonstration of injunctions The demonstration of injunctions in the Noble Qur an is of three kinds: The first kind: total and comprehensive demonstration meaning mentioning the rules and the general principles that will be the base from which injunctions are branched and upon which they are set up or established. For example: - Ordering consultation: Allah the Great said: «And consult them on the matter». [Surat Al- Imrân, 159] And He said: «And who on matters other than those Allah has decreed, conduct them by mutual consultation». [Surat Ash-Shura/the Consultation, 38] - Ordering justice and judging with it: Allah -High Exalted is He- said: «Most surely Allah enjoins justice». [Surat An-Nahl, 90] «And when you judge between people, then you judge with justice». [Surat An-Nissâ, 58] - No one is answerable for another s sin: the Almighty Allah said: «And no bearer of burdens can bear another s burden». [Surat Fâtir/the Originator, 18] - The degree of punishment must be equal to that of the crime: the Almighty Allah said: «And the recompense of an evil is an evil equal to it». [Surat Ash-Shura, 40] - The inviolability of others' properties: Allah the Great said: «And do not usurp one another s property by false means». [Surat Al-Baqara, 188] - The fulfillment of pledges: «O you who believe! Fulfill your pledges». [Surat Al-Mâ ida, 01] - No embarrassment and hardship imposed in religion: Allah said: «...And has not imposed difficulty upon you in religion». [Surat Al-Hajj/the Pilgrimage, 78] The second kind: general demonstration. That is, the injunctions are mentioned in a general manner and they need explanation and elaboration. Among them: - The obligation of praying and paying alms: Allah the Great said: «So, establish prayer, and pay alms». [Surat Al-Hajj, 78] The Noble Qur an does not mention the number of prostrations in each prayer and the way of performing prayers. So, the Sunna elaborated on this. The prophet Muhammad -may peace be upon him- said: «Pray as you have seen me praying». [Reported by El-Bukhâri] The Sunna also determined the rules of Zakat and limited its amount and Nissâb (the amount of property liable to the payment of Zakat). - The obligation to make the pilgrimage to Mecca. Allah the Great said: «It is an obligation towards Allah on all people to make the pilgrimage to the House (Mecca), whoever has the means to make the journey». [Surat Al-Imrân, 97] The Sunna, then, gives details about its pillars and rites (Manassik). The prophet Muhammad -may peace be upon him- said: «Take from me your rites». [Reported by Muslim] - The obligation of retribution: Allah the Great said: «Ordained to you is the law of retribution». [Surat Al-Baqara, 178], and the Sunna defined the conditions of retribution. - Allowing sale and forbidding usury: Allah the Great said: «But Allah has allowed trading and forbidding one which is called usury». [Surat Al-Baqara, 275] The Sunna demonstrated the allowed and the forbidden sale and explained what usury means. The third kind: elaborate and detailed demonstration. That is, the one in which injunctions are given in a minute detail like the shares of inheritance, divorce (the number and the manner); Liâan (accusing one's wife of adultery), the unmarriageable women.

6 G) Qur an s indication of instructions The verses of the Noble Qur an are absolute and definitive; they were transmitted to us by consecutive narration (Tawatur), the thing that makes it certain that the verses recited by every Muslim throughout the world are the same, and they are similar to the ones which the prophet Muhammad -may peace be upon him- recited to his followers; and they are similar to the ones revealed to him from the Protected Tablet without any change or alteration. Allah the Great said: «We are the One who has revealed the Qur an and We will most surely preserve it». [Surat Al-Hijr, 09] Qur an has two indications concerning the instructions it includes: clear and dubious or unclear indications. The verse which has clear indication is the one which carries only one meaning without any possibility to have a second interpretation like the verse which deals with the shares of inheritance and retribution. Here are some examples of such verses: - The Almighty Allah said: «And you will get half of what your wives leave behind, if they are childless». [Surat An-Nissâ, 12], this verse contains a definite and clear injunction which stipulates that the share of the husband is half of his wife's property if she has no child. - The Almighty Allah also said: «The adulteress and the adulterer scourge each of them with a hundred lashes». [Surat An-Nûr/the Light, 02], this verse determines clearly the number of the floggings in case of committing adultery. - The Almighty Allah said: «Then fast for three days, that is the atonement for the oaths you have sworn». [Surat Al-Mâ ida, 89], in this verse, the Almighty Allah affirms that the expiation for the deliberate oath is three days, no more, no less. The verse which has unclear indication is the one which carries many meanings or the one which means one thing but may carry other interpretations. For example, the word "Qurû " in His saying: «And divorced women must wait for three Qurû'». [Surat Al-Baqara, 228] The word "Qur'a" (the singular of Qurû') in the Arabic language has two meanings: purity or menstruating. So the Qur anic verse may signify three purities as it is said by the Shafîist or three menstruations as it is the case for the Hanafites. 2. The Sunna 2.1 Its definition "Sunna" in the Arabic language means the accustomed way or the habitual manner, good it is or bad. The prophet Muhammad -may peace be upon him- said: «He who performs a good Sunna (deed or habit) in Islam receives its reward and receives the reward of all those who work according to it after him without diminishing in their rewards, and he who performs a bad Sunna in Islam gets its sin and gets the sins of all those who work according to it after him without decreasing in their sins». [Reported by Muslim and others] In the Islamic Sharia, Sunna means all that the prophet Muhammad -may peace be upon him- said, performed or acknowledged except the Noble Qur an. 2.2 The authority of the Sunna The Ulemas agreed that the well established and the authentic Sunna emanated from the prophet Muhammad -may peace be upon him- for the sake of legislation or being taken as a model is an evidence and a source of legislation for the Muslims. A) Proofs from the Qur an on the authority of the Sunna The Almighty Allah said: «And We revealed to you the Qur an; that you may make clear to mankind what was sent for them». [Surat An-Nahl, 44] «And establish prayer, and pay the alms, and obey the messenger, that you may find mercy». [Surat An-Nûr, 56]

7 «Say: If you love Allah, then follow me, and then Allah will love you and forgive you your sins». [Surat Al-Imrân, 31] «O you who believe! Obey Allah and obey the messenger, and those entrusted with authority over you». [Surat An-Nissâ, 59] «O you who believe! Obey Allah and his messenger, and do not turn away from the Messenger while you are hearing it». [Surat Al-Anfâl/the Spoils of War, 20] «Whoever obeys the messenger, then he has obeyed Allah». [Surat An-Nissâ, 80] «But if there arises any dispute about anything, reflect it to Allah and the Messenger, if you believe in Allah and the Last Day...». [Surat An-Nissâ, 59] «And whatever the Messenger gives you, accept it, and whatever he forbids you, desist from it». [Surat Al-Hashr/the Gathering, 07] «And it is not for any believer, man or a woman, when Allah and His Messenger have decreed a matter, for them to have a choice in that matter». [Surat Al-Ahzâb/the Allies, 36] «By your Lord! They will not believe until they accept you to judge between them in their disputes, and accept your decision with entire submission without feeling the last resentment in their hearts». [Surat An-Nissâ, 65] «And We did not send any Messenger but to be obeyed by Allah s permission». [Surat An- Nissâ, 64] «Surely there is for you the best example in the Messenger of Allah, for whoever seeks the pleasure of Allah and the Last Day». [Surat Al-Ahzâb, 21] These verses and so many others are clear proofs and evidences not only on the legitimacy of the Sunna but also on being one of the sources of the Islamic legislation. They also prove that the instructions of the Sunna are divine legislations which must be followed and obeyed. B) Proofs from the Sunna The prophet Muhammad -may peace be upon him- said: «I let you two things you will never stray as long as you stick to them: the Book of Allah (Qur an) and the Sunna of His prophet». [Reported by El-Hâkin from Ibnu Massûd] He also said: «I have been given the Book (Qur an) and something similar to it (Sunna)». [Reported by Abu Dawûd] Muâd Bnu Djabal reported that when the prophet Muhammad -may peace be upon him- sent to Yemen, he said to him: «How you will judge if a matter is exposed to you?». Muâd answered: "I will judge according to Allah s Book. The prophet said: «And if it is not mentioned in Allah s Book?». He answered: "So, I will judge in accordance with the prophet Sunna". The prophet said: «And if it is not mentioned in the prophet Sunna?». He said: "I will exert myself to the utmost of my power and spare no effort". Muâd said: then the prophet beat me on my chest and said: «Praise be to Allah who granted success to the messenger of His Messenger to what pleases Allah and His messenger». [Reported by Et-Termidi, Ahmed and Abu Dawûd] C) Unanimity among the Sahaba (the Prophet's companions) During the prophet s life and after his death, the Sahaba agreed on the obligation of following his Sunna and sticking to its instructions, carrying its ordainments and shunning its interdictions. 2.3 The position of the Sunna in argumentation The Sunna comes in the second position after the Noble Qur an in argumentation. The Muftee (the one who delivers legal opinions) and the diligent refer first to the Qur an then to the Sunna to resolve all the matters exposed to them. 2.4 The transcription of the Sunna It is a well known fact that the Sunna was not written during the epoch of the prophet Muhammad -may peace be upon him- as it was the case for the Noble Qur an. The prophet interdicted its writing because he feared to be blended with the Qur an. The prophet Muhammad - may peace be upon him- died but his Sunna was preserved in the minds of his Sahaba. The Sahaba's knowledge of the Sunna differs from one to another according to their dispositions and the extent of their attendance at the prophet's assemblies.

8 During Abu Bakr s Caliphate, no one thought of its transcription for the reason above mentioned, and also because his caliphate did not last for a long time, but during the period of the second Caliph, Omar bnu El-Khatab -may Allah be pleased with him, the idea of transcribing the Sunna had been proposed to him. So, he consulted the other Sahaba who advised him to collect the Sunna, but Omar bnu El-Khatab remained a whole month consulting Allah by divination. At last he gave up for the following reasons: He noticed that this work is difficult to be accomplished because when the prophet Muhammad -may peace be upon him- died, his Sunna as well as his companions are scattered to the four winds. This was on the one hand, on the other hand, he feared that the Sunna will be amalgamated with the Qur an; he was afraid that people will be busied with the Hadith and ignore the Qur an. During the reign of the just Caliph Omar bnu Abdul Aziz, this idea (the transcription of the Sunna) had been proposed a second time. But this was done in the last days of his life. In 100 Hegira, he ordered Abu Bakr Bnu Hazm, the judge of Medina, to collect the Sunna, and it was said that the caliph ordered him to collect the Sunna. A year later, in 101 Hegira, the caliph died and the work was not accomplished, because it was impossible to realize such a work in one year at that time. Collecting the Sunna was not considered by the Ommiad for the reason that they were much more preoccupied with politics and administration, except what was reported about Hisham Bnu Abdul Malik who compelled Ibn Shihab Ez-Zahri to record the Hadith. The caliph Hisham died in 125 Hegira. During the Abbasid period, the Sunna was collected. Its transcription began approximately at the middle of the second Hegirian century in Mecca, Medina, Damascus, Egypt, Cufa and Basra. In each Islamic country there was Ulemas who recorded the Sunna: Imam Mâlik in Medina, Imam El- Awzâ i in Damascus, Imam Layth Bnu Saâd in Egypt and Sofiane Athawri in Cufa. But, what was transmitted to us was but a little of what they had done like Al-Muwatâ' of Imam Malik bnu Anas which gives a general idea of the books written at that time about the Sunna. They were a mixture of Ahadith, Sahaba' sayings and their Fatawa. Their writers did not give much consideration to the Sunna as it was the case for those who came after them. That is, the ones who are specialized in collecting Ahadith and their classification. This was the first step concerning the compilation of the Sunna and the second step was at the beginning of the year 200 Hegira. The people who were concerned with the compilation, in this era, separated the prophet s Ahadith from the Sahaba s Fatawa and the sayings of the Tabi in (the Sahaba s followers). It began with compiling the Ahadith according to El-Masanid method (the method of ascription). The Ahadith that are reported by the Sahaba and that deal with the same matter are collected and classified in one book or chapter. This method, even if it classified the Ahadith, it did not distinguish the authentic and the sound ones from the others. During the third century, a new method was appeared. Its aim was to distinguish the authentic Ahadith from the others and to search for their narrators. In fact, this was the flourishing epoch for the Hadith. In that epoch, El-Bukhâri who died in 256 Hegira, and Muslim Bnu El-Hadjadj who died in 261 Hegira wrote books called respectively "Sahih El-Bukhâri" and "Sahih Muslim". Within the same epoch, the two books "Es-Sunan" were written by Ibnu Madja who died in 275 Hegira and En-Nassâ'i who died in 303 Hegira. These books along with "Musnad" which was written by Imam Ahmed who died in 241 Hegira are known by "The Six Books". 2.5 Types of the Sunna A) In respect of its nature: it is divided into three types. A.1 Verbal Sunna or prophetic sayings They are all the sayings that were emanated from the prophet Muhammad -may peace be upon him- for the sake of legislation, such as «Do not harm others and do not contend with them (i.e. even if people harm you, do not harm them)». [Reported by Ibnu Madja and Edar

9 Qutani], «The reward of deeds depends upon the intentions and every person will get the reward according to what he has intended». [Agreed on] A.2 Actual Sunna or prophetic deeds. They are all that was performed by the prophet Muhammad -may peace be upon him- for the sake of legislation like his way of praying, and performing the rites of pilgrimage. A.3 Tacitly Approved Sunna. They are all that is done and said by the Sahaba - may Allah be pleased with them- and welcomed by the prophet Muhammad -may peace be upon him (i.e. the prophet affirmed and had a good opinion of their sayings and deeds). B) In respect of its ascription (Sanad). As far as the Sunna's ascription is concerned, the Ulemas were divided into two groups. The first is represented by the Ulemas of Hadith and those of Ussul, and they divide the Sunna into Mutawâtira (the continuous tradition transmitted by a group of narrators) and Ahaâd (the one transmitted only by few narrators). The second group is represented by the Hanafist Ulemas who added the "Famous Sunna" (Mashhûra). B.1 The Mutawâtira Sunna. In the Arabic language, the word "tawâtur" means succession or recurrence, and its deepest meaning refers to all what is reported by a multitude of credible persons from another group of reliable people. The Mutawâtira Sunna includes the Ahadith that are reported by a large group of Sahaba from the prophet Muhammad -may peace be upon him, and that were transmitted by their followers (Tabi'in) until they arrived to the Ulemas who transcribed and recorded the Sunna in the second and the third Hegirian centuries. The Mutawâtira Sunna is found much more in the prophet's deeds rather than in his sayings. It is perfect evidence; it is certainly and absolutely emanated from the prophet Muhammad -may peace be upon him. B.2 The Famous or a Well-Known Sunna. It includes all that is originated from the prophet Muhammad -may peace be upon him- and reported only by one or two Sahabi (i.e. it does not reach the required number of narrators which is more than three persons). Then, as it became famous, it was reported by many narrators during the epoch of the Sahaba's followers and their successors. For example, what was reported by Omar bnu El-Khatab from the prophet Muhammad -may peace be upon him: «The reward of deeds depends upon the intentions and every person will get the reward according to what he has intended». [Agreed on] B.3 The Ahaâd Sunna: it refers to what is reported by a few narrators (their number do not reach the required numbers of narrators) and reported from them by a similar number and so on until it arrived to the period of transcribing the Sunna. 2.6 Sunna and legislation The Sunna is divided into two types concerning legislation: A) All that is issued from Muhammad as the prophet and messenger of Allah is considered uncontrovertibly as legislation for the nation. B) It is not considered as legislation all what is: 1. Emanated from the prophet Muhammad -may peace be upon him: sayings, deeds or affirmations before his sending as a prophet. 2. Issued from the prophet Muhammad -may peace be upon him- according to his human nature like eating, drinking, sleeping, walking and paying visits to others. 3. Emanated from the prophet Muhammad -may peace be upon him- as a result of his human knowledge which he acquired from his own experiences throughout his life like trade, agriculture, leading the army, prescribing medicines and so on.

10 4. Specific to the prophet Muhammad -may peace be upon him- like his fasting without breaking the fast, his marriage with more than four women, his praying in the night (Tahadjud), and his satisfaction with the witness of Khuzeima alone in proving the claim. 2.7 The clear and the unclear Sunna The Sunna can be definitive in its narration and attribution to the prophet Muhammad -may peace be upon him- if it is Mutawâtira, and it can be speculative if it is Famous or Ahaâd. In both cases, the Sunna may have clear and definitive indication of meanings if it does not carry a second interpretation, as it may have an unclear indication if it carries another interpretation. The prophet Muhammad -may peace be upon him- said: «Give the grand mother one sixth of the inheritance». [Reported by Ibnu Madja], this Hadith is speculative in its ascription being an Ahaâd Hadith but it is of clear indication because it has only one interpretation: the share of inheritance of the grand mother is one sixth 1/6. The prophet also said: «No prayer for the one who does not recite the Opening of the Book (El-Fâtiha)». [Agreed on], this Hadith is speculative in its ascription being an Ahaâd Hadith and speculative in its meaning because it carries two different interpretations: «No prayer» may signify that the prayer is not correct as interpreted by Imam Esh-Shafii or it may mean that the prayer in incomplete as it is interpreted by Imam Abu Hanifa. 2.8 The different injunctions brought by the Sunna The injunctions brought by the Sunna are of three kinds: 1. Injunctions that are similar to those of the Qur an and that confirm them: for example, the prophet s Hadith: «The property of a Muslim is not lawful to be taken by another except if he gives it up to him gladly». [Reported by Ahmed] agrees with and affirms the saying of the Almighty Allah «O you who believe! Do not devour your wealth among yourself falsely, but trade fairly by your mutual consent». [Surat An-Nissâ, 29] Other examples from the Sunna that agree with the Qur an s injunctions are the prohibition of disobeying and being unkind to one s parents, false testimony, killing the self without a legal reason, the obligation of praying, giving alms, fasting, performing pilgrimage 2. Injunctions that demonstrate and explain clearly what is brought by the Noble Qur an: this can be by: - Detailing what is concise: like the practical Sunna that explains the way of praying and the rites of pilgrimage. -Limiting what is general: like the matter of inheritance. The Almighty Allah said: «Allah commends you concerning your children (inheritance), for the male a share proportionate to the shares of two females...». [Surat An-Nissâ, 11], but the Sunna excluded the prophets and asserted that they are not inherited and all what they leave is a charity. - Restricting what is absolute or unrestricted: like the Hadith of the prophet Muhammad -may peace be upon him- reported by Saâd bnu Abi Waqas which stipulates: «A third and a third is too much». [Reported by Muslim] This Hadith restricts the will to the third of the bequest and no more while in the Qur an it is mentioned in an absolute way. The Almighty Allah said: «... After the payment of wills and debts...». [Surat An-Nissâ, 12] 3. New injunctions which are not mentioned in the Noble Qur an. The Sunna is a source of legislation and it can enjoin injunctions just like the Noble Qur an. It was proved that the prophet Muhammad -may peace be upon him- said: «I have been given the Book (Qur an) and something similar to it (Sunna)». [Reported by Abu Dawûd] As an example of such kind of injunctions: the prohibition to wear gold and silk for men, and giving a share of inheritance to the grandmother.

11 2.9 Biographies of the famous Imams of Hadith 1) Imam El-Bukhâri He is Abu Abdul Allah bnu Ismail bnu Ibrahim bnu El-Mughira bnu Bardaz bih El-Djâafi El- Bukhâri. He was born on Friday 13th of Shawal, 194 Hegira in Bukhara. He acquired knowledge and learnt the works of some Imams in his childhood. He learnt from many Ulemas of his country and then he traveled to Hedjaz in the year of 210 Hegira with his mother and brother. He settled in Medina where he wrote his book "The Great History". He traveled through different countries and met many Ulemas and Imams of Hadith. He wrote about more than one thousand of Ulemas. It was his patience, his intelligence and his fondness for knowledge that helped him to reach a high rank in his epoch, until he became the Imam of the Muslims in Hadith. El-Bukhâri was named the Commander of the Faithful in Hadith. He died in Ramadan 30 th, 256 Hegira in Khartenk village. - El-Djami i Es-Sahih (the Right Inclusive). Imam El-Bukhâri had left about twenty books that deal with Hadith, its people and its sciences, and others that deal with other Islamic disciplines. The most famous one "Al-Djami'i As- Sahih" which is known by Sahih El-Bukhâri. He collected in it 9082 Hadith. This book was the first of the six books of Hadith and is the most preferable for the multitude of Ulemas than the 'Chosen Doctrine'. Imam An-Nawawi said in his explanation of Sahih Muslim: «The Ulemas agreed that the most right books after the Noble Qur an are the "Sahihan": Sahih El-Bukhâri and Sahih Muslim». Imam Muslim was among those who benefited from Sahih El-Bukhâri, and he confessed that it has no equivalent in the science of Hadith. Ibn Taymia said: «After the Noble Qur an, there is no book which is as correct as that of El-Bukhâri and Muslim». Some explanations of Sahih El-Bukhâri - The explanation of Abu Suleiman Ahmad bnu Muhammad bnu Ibrâhim bnu Khatab El-Bati El-Khatabi who died in 308 Hegira. He called it 'the Skillful of the Sunnan' (Aâlaâm As-Sunan). - The explanation of Sheikh Burhan Ed-Din Ibrahim bnu Muhammad Al-Halabi who is known by Sabt Ibnu Al-A'djami. He died in 841 Hegira. He named it 'Keys to Understand the Reader of the Sahih' (Et-Talqih li Fahm Qariî' Es-Sahih). - The explanation of Abu Al-Fadl Ahmed bnu Ali bnu Al-Hadjar Al-Assqalâni who died in 852 Hegira. He called it "Fath El-Bari". - The explanation El-Hâfid Djalal Ed-Din Abdu Ar-Rahman bnu Abi Bakr Es-Su'uti who died in 911 Hegira, he called it 'Et-Tawshih ala Al-Djamî As-Sahih' (Adornment of the Inclusive Sahih). 2) Imam Muslim He is Abu Al-Hassan bnu Al-Hadjadj Al-Kishiri Al-Nissabûri. He was born in 204 Hegira. He acquired knowledge when he was still a child from the skillful of his country. Then he traveled to Baghdad many times, to Cufa, Basra, Hedjaz, and Damascus, Egypt and to many other countries. He had learnt from many Imams of Hadith, and when El-Bukhâri came to Nissabur, Muslim was frequently attending his courses. Imam Muslim achieved a high degree in knowledge. This is why some Imams preferred him or set him over the learned men of his epoch mainly in the knowledge of the authentic Ahadith. He was praised by his contemporaries and a number of learned persons after his death. He left about twenty books of Hadith and its science. Sahih Muslim Sahih Muslim is composed of more than three hundred thousand ( ) narrated Ahadith. He stayed fifteen years in improving and amending it. Imam Muslim said: «In my book, I put nothing without a proof and I omitted nothing without a proof». An-Nawawi said: «In his Sahih, Muslim adopted efficient methods in his precaution, perfection, piety and knowledge. This was as a result of his piety, his complete knowledge, his abundant sciences and his careful ascertainment».

12 Some explanations of Sahih Muslim - The explanation of Imam Hâfid Abu Zakaria Muhyi Ed-Din bnu Sharaf El-Khuzami An-Nawawi Ashafîi who died in 676 Hegira. He called it 'The Method of Explaining Sahih Muslim bnu El-Hadjadj' (Al-Minhadj Fi Sharh Sahih Muslim bnu Al-Hadjadj). - The explanation of Abu Abdul Allah Muhammad bnu Khalifa Al-Wishnali Al-Abi Al-Mâliki who died in 827 Hegira. - The explanation of Sheikh Djalal Ed-Din Abdu Ar-Rahman bnu Abu Bakr Es-Su'uti who died in 911 Hegira. The comparison between Sahih El-Bukhâri and Sahih Muslim El-Bukhâri and Muslim did their best to arrange their books in a scientific and exact way, taking into consideration the conditions of rightness upon which the concerned Imam of Hadith agreed. So, they were well accepted by the people, and the learned men agreed unanimously that they are the most correct books after the Noble Qur an. Ibnu Taymia said: «After the Noble Qur an, there is no book which is as correct as that of El-Bukhâri and Muslim». Each of the two Sahihs has specific characteristics and features. For example, Imam El- Bukhâri treated chapters of his book by way of explanation and reiterated some Ahadith in different passages of the book for Fiqh and Hadith benefits. He also used many Ahadith as proofs to emphasize a rule or to add a benefit. Imam Muslim did not adopt the same techniques but he gathered all the Ahadith that deal with the same subjects in one chapter with their different ascribing and different terms and expressions, the thing that facilitates for the researcher the way to deal with it. The majority of the Ulemas favor Sahih El-Bukhâri over Sahih Muslim, but some Maghrebi Ulemas prefer Sahih Muslim to Sahih El-Bukhâri because it arranges and gathers the Ahadith of the same subject in one chapter. Some Ulemas said: They quarreled about El-Bukhâri and Muslim, And said whom do you prefer. I said El-Bukhâri excelled at rightness, Just as Muslim excelled at formulation 3) Abu Dawûd Es-Sadjastâni He is Suleiman bnu Al-Ashâth bnu Ishâq En-Azdi Es-Sadjastâni, the master of those who learn Hadith by heart. He was born in 202 Hegira. He started to acquire knowledge since his childhood; he traveled to Damascus, Hedjaz, Egypt, Iraq, Andalusia and Khorassan. He met a lot of Imams among them Imam Ahmed. Es-Sadjastâni died in Basra in the year of 275 Hegira and buried near to the tomb of Sofiane E-Thawri. Abu Dawûd wrote many books and the most famous one is Es-Sunan. 4) Imam Et-Termithi He is Abu Issa bnu Sura Et-Termithi. He was born after the year 200 Hegira in Boudj, one of the villages of Tirmith. As many other Imams, he acquired knowledge when he was still a child. He traveled to Hedjaz, Khorassan and to many other countries. He was among the Imams who learn by heart and who were famous for their accuracy and their perfect works. Et- Tirmithi died in 279 Hegira in Tirmith. He wrote many books and the well known one is "Es-Sunan". 5) Imam En-Nassâ i He is Sheikh El-Islam Abu Abdu Er-Rahman Ahmed bnu Shuâib bnu Ali El-Khorassâni En-Nassâ i, in relation to the village Nissâ i in Khorassan. He was born in 215 Hegira. He was only fifteen when he traveled to learn Hadith. He learnt from the famous Ulemas of his time in his country, in Hedjaz, Iraq, Egypt, and Damascus and in Andalusia, and then he settled in Egypt. In Dhul-Qiîda, 302 Hegira, he left Egypt, and he died in Ramla in Palestine on Monday, Safar 13 th, 303 Hegira. He was buried in Jerusalem. An-Nassâ'i wrote about 15 books about Hadith and its sciences, and the most famous one is Es-Sunan.

13 6) Imam Ibnu Mâdja He is Abdul Allah Muhammad bnu Yazeed El-Qazwini. Mâdja is the surname of his father. He was born in 209 Hegira in Qazwin, he started to ask for knowledge when he was still young. He traveled to Iraq, Hedjaz, Egypt, and Damascus and to many other countries. He learnt from many Imams of his time. Ibnu Mâdja wrote many books of the exegesis of the Noble Qur an, Hadith and history. The most famous one is Es- Sunan. He died in Ramadan 22 nd, 273 Hegira. 7) Imam Mâlik He is Abdul Allah Mâlik bnu Anas bnu Mâlik El-Asbahi El-Hamiri El-Madani, one of the skillful figures of Islam. He is Imam of Dar Al-Hegira (Medina). He was born in 93 Hegira in Medina. He grew up there and acquired from the great Ulemas of Ta-biîn like Imam Ibn Shihab Az-Zahri. His book "El-Muwatâ " contains the most authentic and sound Ahadith narrated by the people of Hedjaz in addition to the traditions of some Sahaba and Tabi în. He died in the year of 179 Hegira in Medina. 8) Imam Ahmed He is Abdul Allah Ahmed bnu Muhammad bnu Hambal Esh-Shibani El-Maruzi. He was born in Baghdad in 164 Hegira. He grew up and acquired knowledge there, and then he moved to Basra, Cufa, Mecca, Medina, Yemen, and Damascus and to many other countries. He wrote many books among them "Al-Musnad". He died in Baghdad in 241 Hegira. 3. Idjmâ' (Unanimity or consensus) 1. Its definition Idjmâ' in the Arabic language has two meanings: The first: to resolve upon something and to be determined to do it. The second: to agree upon something. In the Islamic Sharia, Idjmâ' in the opinion of the multitude of the Ulemas means the agreement of the Muslim diligent in a given period of time, after the death of the prophet Muhammad -may peace be upon him, upon one injunction among the legal practical injunctions. 2. Its authority A) From the Noble Qur an Allah the Great said: «But whoever opposes the Messenger after the guidance has become clear to him, and follows a way other than that of the believers, we will turn him over to what he has turned to, then we will roast him in Hell, an evil homecoming». [Surat An-Nissâ, 115] The original books of Ussul and others stated that the first who used this verse to prove the legitimacy of Idjmâ was Imam Esh-Shafîi. In this verse, Allah -High Exalted is He- threatens both those who contradict and oppose the prophet, and those who deviate from the believers path with roasting them in Hell. This implies the obligation of following the believers path and proves the legitimacy of Idjmâ'. Allah the Great said: «O you who believe! Obey Allah and obey the Messenger, and those entrusted with authority over you, but if there arises any dispute about anything, refer it to Allah and the Messenger, if you believe in Allah and the Last Day». [Surat An- Nissâ, 59] In this verse, Allah the Almighty stipulates the necessity to refer to the Qur an and the Sunna only if any dispute arises about a given matter, and if there is none (i.e. there is an agreement upon it), it is not obligatory to resort to the Qur an and the Sunna, and this is a proof on the legitimacy of Idjmâ'.

14 B) From the Sunna Many Ahadith were reported from the prophet Muhammad -may peace be upon him. Those narrated Ahadith, even if they are different in form, they carry the same meaning. Among them: «My nation never agrees upon an aberration». [Reported by Ibnu Madja] «My nation never agrees upon a mistake». [Reported by Abu Dawûd] «What is seen by the Muslim as good is also good for Allah». [Reported by Ibnu Massûd] «Allah sides with the group». [Reported by Ahmed] «He, who forsakes the group and dies, receives the chastisement of fire». [Reported by Abu Dawûd] «He is not a Muslim he who oversteps the group even a span of the hand». [Reported by Ibnu Mâdja] These Ahadith and so many others, even though they are narrated with different words, they all carry similar meaning which is the protection and the preservation of the nation, and if the prevention of the nation is proved through narration, Idjmâ' can be taken as an evidence. The Sahaba and the Tabiîn were always referring to the above mentioned Ahadith in corroborating and evidencing Idjmâ. 3. Its types A) Explicit Unanimity: it means that each of the diligent gives his point of view explicitly in a given Fiqh matter. This kind of unanimity is the one that is considered by the multitude of Ulemas. B) Implicit Unanimity: it refers to a situation where one of the diligent gives his opinion on a Fiqh matter and the others say nothing (i.e. they neither agree on his idea nor deny it), they remain silent. The attitude of the Ulemas towards the implicit unanimity Esh-Shafiî and some of the Hanafites hold a same opinion which stipulates that the implicit unanimity cannot be used in argumentation. The reasons for this, according to them, are: 1. A saying cannot be ascribed to a silent. 2. Silence may carry interior psychological interpretations. So, it is not possible to affirm that the Ulemas silence is a sign of approval and consent, because silence may be a result of fear and veneration towards the speaker, and sometimes because of the inability to give one's opinion immediately at the time of discussion, or because of other unknown reasons. Imam Ahmed, many Hanafites and some of the Shafi ites agreed on the use of the implicit unanimity in argumentation. Their arguments are: 1. Usually, the well learned men are greatly venerated, so their legal opinions (Fatawa) are most of the time given priority. And when the others agree with them, they keep silent. In such a case, silence predicates acceptance and satisfaction. 2. The task of the diligent is to point out a divine rule. Thus, their silence at the moment when they should express their opinion implies their consent, because silence in such a case is an approval. 3. Keeping silent does not imply consent unless it carries no sign of disagreement and denial, or when the necessary time devoted to set up an opinion is over. Saying that remaining silent due to veneration is not a trait of the Ulemas who reached higher degrees in knowledge and Fiqh, because the one who knows the truth and remains silent is a dump Satan. Examples of unanimity - The consensus of the Ulemas on forbidding the marriage with the grand-mother relying on the Almighty Allah' saying: «Forbidden to you to marry are your mothers». [Surat An-Nissâ, 23], it means your ancestors, and since the grand mother is an ancestor, so she is a mother. - The agreement of the Sahaba on the share of inheritance of the grand-mother which is limited to one sixth, on the bases of what was narrated by El-Mughira bnu Shu'ba from the prophet Muhammad -may peace be upon him. - The unanimity among the Sahaba upon collecting the Qur an in one book.

15 4. Its position Unanimity comes in the third position in argumentation after the Noble Qur an and the Sunna. Ibn Massûd said: «If one of you is asked about a matter, he refers to Allah s Book (Qur an), and if he finds nothing in it he resorts to the Sunna, and if it is not mentioned in the Sunna, he refers to what is agreed on among the Muslims, otherwise he strives after it». 4. Qiyas (Analogy) 4.1. Its definition The word "Qiyas" in the Arabic language means measurement or comparison. In the Islamic Sharia, it refers to the fact of making the stance of a given matter similar to another matter whose stance is established because of having the same causes Its pillars: Analogy is based on four pillars: A) The principle or the original case: it is the matter to which another matter is compared (the comparing). B) The branch: it is the new case or matter whose stance is not stipulated in any legal text and about which we want to know the stance (the compared). C) The stance or the rule of the original matter: it refers to the established legal stance of the original matter to which the stance of the branch is compared and made similar. D) The cause: it is the reason for which the legal stance of the original matter is legislated. The branch or the new case must be similar to the original one in the cause; it is called "the comprehensive". 3. Its authority 1. Allah the Great said: «Therefore, take warning, you who have eyes to see!». [Surat Al-Hashr, 02] Take warning is also an analogy in the sense that if someone does wrong and is chastised, others will take a lesson from this (i.e. they do not perform the same wrong doing in the fear of submitting to the same chastisement). So analogy is obligatory on the diligent. Esh-Shawkani said: «In the Arabic language, the word "I'tibar" which means to take a lesson or warning from something or somebody is derived from the word "A'ubûr" that means passage. Analogy is the passage of the stance from the original matter to the new matter or the branch». For example, taking drugs is forbidden as a result of analogizing it with wine. The latter is the original matter and its stance which is forbiddance is established because of the effective cause of drunkenness or intoxication. And since taking drugs results in intoxication, so it is forbidden. Such stance is not established in any legal text but it is deduced by using analogy. 2. The Almighty Allah uses analogy in the Qur an to convince and persuade by proofs. He responded to those who denied the existence of the Day of Resurrection and said: «Who will revive the bones when they are rotten?». [Surat Yâ-Sîn, 78] by His saying: «Say, He shall revive them, the one who originated them the first time». [Surat Yâ-Sîn, 79] Allah the Great makes an analogy between reviving all the creatures with creating them out of nothing, and He makes it clear that the one who is able to create them out of nothing is able to revive them; their revival is even easier to Him than their creation. 3. The Sunna too considered analogy. It was reported that a woman from Khatâm came to the prophet Muhammad -may peace be upon him- and asked him: «My mother made a vow to perform pilgrimage, but she died without performing it. Should I perform pilgrimage on her behalf?» The prophet said:» She answered: He said: [Reported by El-Bukhâri] This is an analogy between being indebted to Allah and to a person. So, discharging oneself from Allah's debt (performing his duties) has priority over paying off human's debts. 4. It was reported that the prophet Muhammad -may peace be upon him- send Muâd and Abu El- Ashâri to Yemen as two judges in two different regions, and when he asked them (about the way of judging), they answered: «If we find nothing in the Qur an and in the Sunna, we compare a matter with another, and what is more appropriate (near to the truth) we work accordingly. He said: «You are right».