Role of Sunnah in Islamic jurisprudence – Assignment Help
Examine the role of Sunnah in Islamic jurisprudence. In your answer, discuss whether Sunnah is a mere supplement to the Qur’an or an independent source of its own right
It is a misconception that in Islamic jurisprudence, Sunnah serves as an independent source for deriving laws. The fact cannot be denied that Sunnah is an essential, indispensable, and fundamental source for formulating judicial laws (Cornell 2007). However, it cannot be referred to as an independent source in this regard. Sunnah truly serves as a parameter for understanding the decrees, and instructions proposed by Quran (Qaradawi, 2007). In situations where the jurist cannot find a solution to any particular problem, and no clear guidance is inscribed in the Quran, then reference could be made to Sunnah. Kamali (2008, p.60) affirms it by stating, ‘Sunnah is the second source of the Shari’ah next to the Qur’an, the Mujtahid is bound to observe an order of priority between the Qur’an and Sunnah.’ There has been a constant debate between Ulema (scholars) on the validity of Sunnah’s exclusiveness, and the reasoning behind not considering it as an independent source. Therefore, it becomes important to understand the concept of Sunnah in Islam, and its role in determining Shari’a.
In literal sense, Sunnah can be understood as an individual’s way of life, but in Islam, it is only associated with Prophet Mohammad’s behaviors and oral tradition (Aggarwal 2002). Devi Dayal Aggarwal writes that ‘in the context of Islamic Jurisprudence it refers to the model behavior of the Prophet’ (2002, p.162). Quran enjoins every Muslim to follow the Prophet’s way of life, because, it is Sunnah that gives an exemplary enlightenment and proper method of the rules provided in the Quran (Qaradawi 2007). For example, God has instructed every Muslim to perform Salah (prayer), but the actual way of performing it has been corroborated by Prophet Muhammad. Wael Hallaq explains that Sunnah holds an important position because “Muhammad was God’s chosen messenger; he understood God’s intentions better than anyone else, and acted upon them in his daily life” (2008, p.16). So, it can be said that Muslims consult Sunnah to understand and interpret the teachings and knowledge transcribed in the Quran.
Sunnah holds a sacred stature for Muslims; however, the confusion over prioritizing Sunnah in Sharia’ah remains paramount. Kamali has cleared this confusion by stating that
Should there be a clear text in the Qur’an, it must be followed and be given priority over any ruling of the Sunnah which may happen to be in conflict with the Qur’an … (2008, p.60).
The matter of priority depends on the authenticity status of both Quran and Sunnah. Quran is the word of God which has been narrated, scripted, explained, and circulated in its actual form by the Prophet. However, Sunnah has a stigma of ambiguity attached because it was transmitted through different narrators in the form of Hadiths (Hallaq, 2009). It has been categorized into Mutawatir (continuous), Mashhur (widespread), Ahad (isolated), and Mursaal (disconnected). According to al-Sha’fi ‘the sunnah coming direct from the Prophet in the form of Hadith through a reliable chain of narrators is a source of law’. (Cited by Aggarwal, 2002, p.162) This means that not every Hadith is credible because of the presence of isolated and disconnected hadiths (Al-Albaani 1972). That is why Quran’s word is considered Qati (decisive) in Shari’ah matter whereas Sunnah is an explanation of Quran, and hence, it cannot be given priority in this respect (Kamali 2008). Quran also acknowledges the illustrative role of Sunnah in sura al-Nahl verse 44, as ‘We have sent down to you the Remembrance so that you may explain to the people what has been revealed to them’ (Kamali 2008 p.61).
Regarding Sunnah as a supplement to Quran denotes that Sunnah does not endorse a different set of rules but only reiterates the ones originated in the Quran. Similarly, when it is said that Sunnah confirms the Quran in certain cases, then it does not mean that Quran is dependent upon it for approval (Al-Albaani 1972). Sunnah prominently revolves around principles, instructions, and issues that deal with the basic pillars of Islam, individual and social rights, civic life, and common legal matters like theft, marriage, and property, etc. The rules and teachings on these matters are already present in the Quran; the Prophet has only elaborated and explicated them. For example, the Quran clearly prohibits Riba, but Sunnah clearly interpreted the exact rules and lawful or forbidden conditions for Shari’a. Kamali affirms that ‘the Qur’an contains only general guidelines while the Sunnah provides the details….’ (2008, p.62).
The misperception basically stems from “al-Sunnah al-Muassisah” I-e the category which deals with issues not discussed in the Quran (Kamali 2008). In this variety, the verdicts were devised by the Prophet Himself and cannot be found in Quran. For example, issues of inheritance for Grand-mother, unlawful conjunction, pre-emption right, all were entailed separately and their links cannot be traced back in Quran. Nevertheless, the saying of Aisha, Prophet Muhammad’s wife, that ‘His (the Prophet’s) khuluq (demeanor) was the Qur’an’ annuls the disconnectedness between Sunnah and Quran (Kamali 2008, p.63). Quran undoubtedly gives the profound knowledge about every minute aspect of everyday life and the rules bestowed by God upon mankind are undeniably absolute. Even so, there are also Mujmal (comprehensive), Amah (general), and Mutlaq (unbounded) verses containing allegories or parables, sentences, specific orders, and terms that need explanation for their rightful interpretation (Rahimahullaah). This is where guidance is sought from Sunnah that includes the Qaul (saying), and Fi’l (deed) of the Prophet. It is His Sunnah, which stipulates the Amah verses, and explains the Mutlaq (Rahimahullaah). This can be explained through examples of verses that were clearly interpreted, understood, and then incorporated into Shari’a after consulting the Sunnah. In Surah al-Maidah 5:38 of Quran, Allah has ordered that in case of a robbery ‘The male thief and female thief cut off their hands,’ which is an unclear judgment, and if it was incorporated into Shari’a as it is, it might have evoked rebel and dismay (cited by Ali 1934, p.71). The jurists then consulted Sunnah for the true interpretation of this order and the hadith “There is no cutting – of the hand – unless the thing stolen is worth a fourth of a Dinar or more” simplified the ambiguity (Al-Albaani 1972, p.3). From hadiths, it was found that cutting of hands was prohibited in certain situations as well, such as if an individual was forced for theft. So, it was through Sunnah that the order was clarified and understood properly. It is the Sunnah and oral tradition of the Prophet that countless theories like issues about Tayamum (dust ablution), food, and Zakat were accurately inferred and established into Shari’a.
Sunnah describes the precise meaning of every unclear verse in Quran, and explains the key terms that were hard to interpret without Prophet’s help. Many confusing verses are present in Quran, which had numerous meanings and could have been imparted in different ways, and it is Sunnah that conveyed which connotation should prevail. For example, in Surah al-An’am verse 82, Allah states “It is those who believe and confuse not their beliefs with wrong ‘dhulm’ that are (truly) in security for they are on (right) guidance” (Al-Albaani 1972, p.3). In this verse, Dhulm could have been interpreted in many ways, and literally every minor mistake would have been subjected as a sin. However, Prophet Muhammad outlined Dhulm as ‘It is not that. It is only the ‘shirk’ (Rahimahullaah). Shirk is undoubtedly a big sin and strictly prohibited by God in Quran’s numerous verses such as in Surah Luqman verse 13 states ‘Verily, ‘shirk’ is a very great sin (dhulm)’ (Al-Albaani 1972, p.3). Then there were verses that dealt with consumption of prohibited food. Allah says in the Surah al-Maidah verse 3 that “The carcass and its blood are forbidden to you “(cited by Ali 1934, p.67). According to the literal meaning of this verse, every item can be included among the laws about forbidden food. Nevertheless, Baihaqi has recorded that the Prophet said, “He has made two dead things and blood lawful: the locusts and the fish, the liver and the spleen” (Shad 1983, p.113).
Hence, it can be concluded that Sunnah plays an important role in explaining the logical reasoning behind every command in Quran. Through Sunnah many prevailing misunderstandings have been elucidated. Sunnah ensures that the message is transmitted in its true sense. It provides a clear understanding of Islamic principles which is integral for Shari’ah but definitely not an independent source. It can be substantially avowed that Sunnah protects the teachings of Islam, and its proper understanding and consultation is necessary for developing Shari’a accurately. It is not a branch of Qur’an, but a parallel source for deriving information for legislative purpose. It can never be given priority over the divine rulings, but can be accessed as a practical exhibition of the Holy Book.
Kamali asserts that “The essential unity of Sharia’ah lies in the degree of harmony that is achieved between revelation and reason. Ijtihad is the principal instrument of maintaining this harmony”. Discuss how personal reasoning (Ijtihad) has helped to develop Islamic jurisprudence
God has distinctly stated in the Quran, Sura al-Nahl 16:43 that ‘and We have sent down unto thee the Message; that thou mayest explain clearly to men what is sent for them, and that they may give thought’ (cited by Ali A.Y, p.174). This indicates that personal reasoning and understanding are not only allowed but also appreciated in Islam, and considered essential for maintaining unity between divine and natural laws. Malaysian thinker Syed Mohammad Naquib al-Attas figured out that Ilm (knowledge) is of two kinds. One that is ‘given by God to man’, and the other one ‘is acquired by man by his own efforts of rational inquiry’ (cited by Crow 2005, p.12). Ijtihad is the second type of Ilm, and an imperative source of Islamic jurisprudence.
Ijtihad depends upon revealed sources to formulate new legal rulings (Goolam, 2006). It is derived from an Arabic word al-Juhd and in general sense it can be understood as ‘independent thinking (An-Na’im, 2010). However, linguistically it means ‘exertion, effort, trouble, or pain’ (Crow, 2005, p.12). In jurisprudential sense it is perfectly defined by Vincent Cornell (2007, p.155) as
‘The total expenditure of effort by a mujtahid, in order to infer, with a high degree of probability, the rules of Shari’a from the detailed evidence that is found in the sources’.
This definition entails that Ijtihad should be conducted by a Mujtahid, who Cornell further asserts that ‘should be a qualified jurist and scholar in Sharia’ah’, and ‘must exert himself to the best of his ability’ (2007, p.155). It is mandatory that mujtahid must use his cognitive abilities in a righteous manner and in full capacity to so that the laws are correctly interpreted. The essential requirement for Ijtihad is that the ruling must support the spirit of the revealed knowledge. In this context, the mujtahid must be an expert in Arabic language, possess profound knowledge about the primary sources of Sharia’ah, and the ethics of Ijtihad. For extracting the actual meaning of complicated or unclear words and reasoning behind the divine laws, the mujtahid may access other techniques like Dalalat, and Qiyas etc. (Kamali, 2008). For Ijtihad, it is essential that inference and probability, I-e Instibat and Zann must support each other so that rightful meaning is extracted from a Clear Text (Kamali 2008). Consulting merely relevant literatures or depending upon other scholars without involving personal reasoning is against the spirit of Ijtihad.
Ijtihad completely centers around the practical issues and is not concerned with matters like creation of universe, and the Creator’s existence etc. In modern context, Cornell believes, ‘Ijtihad adds emphasis on two points; creative thinking and the prevailing conditions of society’ (2007, p.155). Renowned scholar Kamali described it as a ‘principal instrument of maintaining harmony…between revelation and reason’ (2008, p.315). It is important to acknowledge that Ijtihad is, nonetheless, a secondary source, and it derives its authority from ‘Divine Revelation’ (Kamali, 2008). There are various concepts in Islamic ideology to serve the similar purpose such as ‘consensus of opinion (ijma), analogy (qiyas), juristic preference (istihsan), and consideration of public interest (masalah)’ (Kamali, 2008, p.315). Even so, these are mere manifestations of Ijtihad, or correlated sub-branches of Ijtihad, which ultimately stems from the primary sources (Kamali, 2008). The main difference between Ijtihad and the revealed knowledge is that this process is continually developing, whereas the divine revelation discontinued after Prophet Mohammad’s demise.
Ijtihad is a salient source for determining solutions of newer problems, and personal reasoning performs the duty of extracting new implications from Qura’nic laws. It serves as both a channel and a source of knowledge (Crow, 2005). Channel because it transmits or interprets the revealed laws, and source of knowledge for developing fresh information called “probable knowledge/Zinn” (Crow 2005). The concept of Ijtihad represented by Kamali implies that the human practice of reasoning functions as a legitimate instrument through which the essence of the divine laws remain unharmed yet are applied with modification. It is due to Ijtihad that Islamic law received two of its many distinctive features. First is that of adaptability and flexibility, which makes its applicable in any era, society, and region (Hallaq, 2009). Secondly, the consistency that it generates for the development of Islamic law (Hallaq 2009). In the Quran, God has ordered people to educate themselves on religious matters, acknowledge the essence of Divine rulings, and putting in effort to incorporate the knowledge in their lives, which is possible through Ijtihad.
Ijtihad has played a definite role in developing new laws and renewing existing ones in Islamic jurisprudence. Quran has slated strict rulings to be followed, and it was due to Ijtihad that the rules were later adjusted according to the needs and conditions of society. For instance, the punishment for theft that is ordained by God in Surah al-Maidah verse 5:38 that ‘As to the thief, Male or Female, cut off his or her hands’ (cited by Ali 1934, p.71). During Caliph Umar’s reign, this law was suspended for a year because of the prevailing famine in Medina. There was a case of two men who allegedly had stolen meat but were pardoned because they were starving. Nazim Goolam analyzed the reasoning behind Caliph Umar’s decision that ‘Umar relied on the spirit and the general import of the Qur’anic teaching that necessity may serve as a justification ground for wrongdoing’ (2006, p.1447).
Quran declares in Surah al-Maidah 5:45 that ‘And we ordained for them therein [Torah], a life for life, an eye for an eye, and a nose for a nose’ (Cited by Ali 1934). This is the ruling justified by God for the crime of murder and is known as ‘Just Retribution’. It implies that the murderer must be given the same punishment as endured by the victim. However, when practically applied, it gave birth to arguments and opacities. For example, what if many people are involved in a person’s murder. Sentencing death penalty to just one among the group will violate the basic Islamic principle of Equality. So, Caliph Umar comprehended this ruling in its real sense while dealing with a similar situation in Yemen, and clarified that ‘if all the inhabitants of San’a had participated in it; he would have had them all put to death…’ (Goolam, 2006, p.1448)
Through his verdict, Umar did not violate the divine law, but actually interpreted the term “a life for a life” as it must be understood in such a situation. It is allowed in Islam to suspend or modify any law according to the situation’s demand so that the central message or crux of the law prevails. It is a fact that divine laws are absolute, but it is also true that the primary sources are limited and has ceased to evolve, which is not the case with the society. That is why it is an intellectual obligation to consult the revealed law and retrieve newer variations.
