Sunnah as a Source of Law
1) Introduction
SUnnah is the Second primary source of Law. If any jurist is unable to find a Hukm from Quran, he has to recourse to Sunnah because Sunnah is a Special bond between Quran and Sunnah Sunnah is an explanation of the Holy Quran without Holy Sunnah it is tough to understand the general rules of Islamic law laid down in the Quran. There are three different kinds of sunnah as-Sunnah e Qauliyah, failiyah, and approval of the holy Prophet (P.B.U.H)
2) Meaning of Sunnah
Sunnah means “Well-known path” which is being followed again and again
3) Definition of Sunnah
Sunnah are the Sayings,acts, and approvals of the Holy Prophet (P.B.U.H)
4) Kinds of Sunnah
Following are the kinds of sunnah.
1. According to its Nature
According to its nature sunnah have following of the three kinds
A. Sunnah Al Qauliyah
These are Sayings or narrations of the Holy Prophet (P.B.U.H) and the main object of
the sunnah is the explanation of Ahkams
Example
“NO INJURY TO BE CAUSED AND NONE IS TO BE BORNE”
B. Sunnah Al Failiyah
These are deeds and practices of the Holy Prophet (P.B.U.H) such as his prayers, fasts, etc. These kind of sunnah are purely based on practical
C. Sunnah Al Taqririyah
These are commissions of certain acts by words or deeds of the Holy Prophet (P.B.U.H). If something was done before the Holy Prophet (P.B.U.H) but the Holy Prophet (P.B.U.H) remained silent and Such silence also would be considered Sunnah
5) Division of Hadith
According to its written record following are the kinds of sunnah
1. Hadith Muttasil
Whose chain of Narration is complete and no narrator is missing up to the Holy Prophet (P.B.U.H)
Following are the sub-types of Hadith-e- Muttasil
A. Hadith Mutwatar
o When all the narrators unanimously report it with the same words without any difference is called hadith mutawatir
Following are the sub-types of Hadith-e-Mutwatar
Tawatar Lafzi
When all the narrators of Ahadith agree on words, it is called
Tawatar lafzi
Tawatar Mannavi
When all narrators agree with the meaning but words may not the same. It is called tawatar manavi
B. Hadith Mash,hur
This such hadith which is narrated by more than two narrators Or
narrated by a Group
C. Hadith Ahad
Narrated by one or two persons from beginning to end of its chain of
narration. It is called Hadith-e-Ahad
2. Hadith Mursal
When a lot of names of narrators are missing in this case Jurists disagree to
implement this kind of hadith for hukam
6) Sunnah as a source of Law
ALLAH ALMIGHTY delegated powers to the Holy Prophet (P.B.U.H) for law-making. Sunnah is
obligatory for Muslims Because Sunnah is the source of Law. Holy Sunnah was also revealed
by the Holy Prophet (P.B.U.H
1. Authority of Sunnah
The Quran gives authority to Sunnah for legislation and the following Quranic verse throws
light on it
Quran Says”
“HE WHO OBEYS THE PROPHET (P.B.U.H) OBEYS ALLAH”
2. Legislative functions of Sunnah
Sunnah is 2nd primary source of law. Jurists can’t move to Sunnah unless the
search from the Quran is completed. Jurists are unable to comprehend the text of the Quran
unless they have recourse to the sunnah. Sunnah is an explanation of the Quran itself
7) Qualification for sunnah as a source of Law
Every Sunnah is not a source of Law. To Qualify as a source of law sunnah must have
legal content. The purpose of the saying or act is to lay down a law or its elaboration
1. Original law-making
When no hukam to be found in the Quran for the commission or omission of certain acts
at that time, the Holy Prophet’s own decision becomes an original law
2. Relationship between the Holy Quran and Sunnah
The Quran provides principles for Islamic life and Sunnah explains them very
efficiently
3. Provision of the details of General Rules
Ahkams in Quran are undetermined but Sunnah explains these Ahkams
Example
As the Quran says, the male has two shares of the female, Sunnah explains murderer will not inherit
4. Explanation of the Implicit
Some Quranic verses are unclear but Sunnah makes them clear and without sunnah, all of us are unable to understand these ahkams
Example
Quran says: hand of each thief to be cut
Sunnah explains it, as the thief who steals wealth equal to Nisab from
the protective custody
5. Elaboration of Ahkams
Ahkams in Quran are unelaborated. Sunnah explains these Ahkams
Example
Quran orders prayer and Sunnah provides its timings, numbers and
Rak’as of prayer.
6. Linkage of case
Sunnah links the case with well-known principle of the Quran
Example
Quran permits us to eat good things, Forbids us to eat habits,
Sunnah categories of animals with Molars and birds with Claw
7. General principle laid down by Sunnah
Sometimes Sunnah lays down a general principle but Sunnah explains
them for the benefit of the humanity
Example
“NO Injury is to be caused or to be borne” while the Quran says,
”INJURY TO OTHERS HAS BEEN PROHIBITED”
8) Relation of the Quran with Sunnah
Sunnah is a mode of interpretation & elaboration of the Quran. Sunnah does not go against
Quran and Quran does not go against Sunnah. Sometimes it becomes difficult to
maintain that these are two separate sources
9) Difference between Sunnah and Hadith
The word “HADITH ” is derived from “HADATHA” which means a TALE. In a legal sense, hadith means the Sayings of the Holy Prophet (P.B.U.H) which must be practiced. The meanings of both are
approximately Same
1. As to meaning
HADITH means sayings of the Holy Prophet (P.B.U.H)
SUNNAH is Every act of the Holy Prophet( P.B.U.H)
2. As to Scope
SUNNAH is bigger in scope
HADITH is narrow in scope because it is only the saying of the Holy Prophet ( P.B.U.H)
3. As to element
SUNNAH is a complete term that has three element
HADITH is one element of Sunnah
4. As to activity
HADITH, there is only one saying
SUNNAH, This is the act of the holy Prophet (P.B.U.H )
Silence is also a Sunnah in case any was performed before Him
5. As to collection
HADITH has been collected and compiled
Collection of Sunnah is never made it is out of the collection
10) Constitutional status of Sunnah
Sunnah played a pivotal role in making it constitutional. God delegated powers to the Holy
Prophet (P.B.U.H) for legislation. Holy Prophet (P.B.U.H) gave a practical shape to
injunctions of the Quran
11) Conclusion
Sunnah is the second primary source of Islamic Law. Sunnah is interlinked with the Quran. Sunnah Explains the difficult words of the Quran and enables us to understand the real aim of the Quran