The Sunnah: The Second Source of Muslim Law

Traditions are narrations of law and religion which were communicated from one generation to another and thus became the practices in the society. They were for a long time neither written nor systematically arranged. The preaching and precepts could become an authoritative source of law when some competent and qualified person called Narrator, had narrated it. In other words, the Narrator used to testify that he heard the Prophet Saying it, or seen him doing it or has seen his silence over that matter. If this narration was found to be reliable, it became Sunnah.

Sunnah:

Sunnah or Sunna is the second primary source of Muhammadan Law. The meaning of the word ’Sunnah’ is the precept of the Prophet. The word Sunna means “the trodden path”. Thus Sunnah is some kind of practice or precedent or traditions of the Prophet. Where the words of God could not supply authority for a given rule of law, ‘Prophet’s own words’ were treated as an authority because it is believed that even his own sayings derived inspiration from God. Whatever the Prophet said or did without reference to God, is treated as his traditions.

Sunnah

In Islam, it is believed that the revelations by God to the Prophet were of two kinds, manifest (Zahir) and internal (Batin). Manifest or express revelations (which formed the Quran) were the very words of God and came to the Prophet through the Angel Gabriel; such revelations. The internal or implied revelations are ‘Prophet’s own words’ inspired by God. Such internal revelations formed part of Sunna.  Thus, the Quran is the language of God and the Sunnah is the language of the Prophet inspired by God.

Sunna is, however, to be distinguished from what Fyzee calls “hadith” (referred to as hadis (singular) and ahadis (plural) by Mulla). Hadith is the story of a particular saying or the occurrence; Sunnah is the rule of law deduced from the Prophet’s behaviour. These two sources, viz., the Quran and Sunnah, are direct and indirect revelations and may be said to form fundamental roots of Islamic law. These precepts, utterances, and actions of the Prophet were not reduced to writing during his lifetime; they were preserved by tradition and handed down from authorized persons.

One of the greatest differences between the Sunnis and the Shias is that the Shias do not give credence to a hadith, unless it emanates from the household of the Prophet, particularly from the household of Ali.

Traditions as a Source of Muhammadan Law:

What the Prophet said what he did and also his silence in a question put before him, was all taken to be authoritative and become a precedent.

  • Sunnat-ul-Qaul (words spoken by the Prophet) which means the utterances or the sayings of the Prophet.
  • Sunnat-ul-Fail (conduct by the Prophet) which means the behaviour of the Prophet.
  • Sunnat-ul-Taqrir (silence) which means the ‘silence of the Prophet’ in answer to a question which was put before him for his decision. It includes some pre-Islamic customs which were not disapproved by the Prophet. He allowed the continuance of some customs in the society by his silent approval.

Narrators of the Traditions:

Where the words of God could not supply authority for a given rule of law, ‘Prophet’s own words’ or ‘Prophet’s own behaviour’ were treated as an authority because it is believed that even his own sayings and behaviour were derived inspiration from God.

The preaching and precepts could become an authoritative source of law when some competent and qualified person called Narrator, had narrated it. In other words, the Narrator used to testify that he heard the Prophet saying it, or seen him doing it or has seen his silence over that matter. If this narration was found to be reliable, it became Sunna.

The qualifications for being a competent Narrator are :

  1. he must have an understanding (sane and adult),
  2. he must possess the power of retention,
  3. he must be a Muslim, and (iv) he must be of righteous conduct. Having these qualifications.

These narrators were treated as the most reliable because they were such Muslims who lived during the lifetime of the Prophet and had the privilege of being in his close contact.

Successors of the Companions:

The authority of the successors of the companions of the Prophet has the second priority. They were such Muslims who did not live during the life of the Prophet but had the occasion of being in contact with the Companions of the Prophet.

Successors of the Successors:

The authority of the successors of the companions of the Prophet has the least priority. They were Muslims who neither lived during the life of the Prophet nor during the life of any of the Prophet’s Companions, but were in contact with the Successors, were called the Successor of the Successor of a Companion.

Kinds of Traditions:

Depending upon the authority and acceptance of the narrator in society, traditions may be classified as under:

Ahadis-i-Mutwatir (Universally Accepted Traditions):

The meaning of ‘mutawatir‘ is  “Consecutive”. Hadith being reported such a large number of rightful companions that it is agreed upon as authentic. These are the traditions which have continuously been narrated by an indefinite number of persons. They are most authoritative because there is no doubt in their genuineness and certainty.

These traditions have universal acceptance and are followed by all the sects of Islam. Example: A verse of the Quran, ensure absolute certainty as to their authenticity and demand implicit belief.

Ahadis-i-Mashhoor (Popular Traditions):

The meaning of ‘mashhoor‘ is “Famous”. These are the traditions which are related by more than two individuals. These are the traditions, which have been narrated by some Companion of the Prophet but subsequently accepted by the majority of the people. These traditions are not accepted unanimously by all Muslims but a great majority has always recognized them as a source of law.

Ahadis-i-Ahad (Isolated Traditions):

The meaning of the word ‘Ahad’ is “Isolated”. The tradition which has been narrated by a countable number of people and has neither been continuously followed nor followed by the majority of the people. Where the authenticity of any narration was doubtful, it was followed for some time only by a few persons. Majority of the jurists do not recognize these traditions as a source of Muslim law.

The Treaties Followed:

The Treaties Followed By Sunnis:

  • Sahih Bukhari of Muhammad al-Bukhari (d. 870 A.D.)
  • Sahih Muslim of Muslim ibn al-Hajjaj (d. 875 A.D.)
  • Sunan Ibn Majah of Ibn Majah (d. 887 A.D.)
  • Sunan Abu Dawud of Abu Dawood (d. 889 A.D.)
  • Sunan al-Tirmidhi of Al-Tirmidhi (d. 892 A.D.)
  • Sunan Al-Nasai of Al-Nasa’i (d. 915 A.D.)

The Treaties Followed By Shias:

  • Kitab al-Kafi  of Muhammad ibn Ya’qub al-Kulayni al-Razi (329 AH)
  • Man la yahduruhu al-Faqih by Muhammad ibn Babawayh
  • Tahdhib al-Ahkam by Shaykh Muhammad Tusi
  • Al-Istibsar by Shaykh Muhammad Tusi

Drawbacks of Traditions as Law:

  • There are many traditions of doubtful origin. Narrators of such traditions are unknown persons. On several occasions, the prevalent customs were treated as a rule of law in the name of the practices of the Prophet.
  • There is no uniformity in the traditions on certain issues. There are several traditions which are contradictory to each other.
  • Traditions are a mixture of religion, law, and morality. Hence sometimes it is difficult to separate a religious or moral principle from a legal rule.
  • Traditions got their authority from the narrators. After sometimes when the successor of the successor also died, the formation of this source of law was stopped. Thus for any new situation,  a tradition as a source of law was not available.

Conclusion:

Sunnah or Sunna is the second primary source of Muhammadan Law. The meaning of the word ’Sunnah’ is the precept of the Prophet. The word Sunna means “the trodden path”. Thus Sunnah is some kind of practice or precedent or traditions of the Prophet. Where the words of God could not supply authority for a given rule of law, ‘Prophet’s own words’ were treated as an authority because it is believed that even his own sayings derived inspiration from God. Whatever the Prophet said or did without reference to God, is treated as his traditions.

The Quran and Sunnah, are direct and indirect revelations and may be said to form fundamental roots of Islamic law. These precepts, utterances, and actions of the Prophet were not reduced to writing during his lifetime; they were preserved by tradition and handed down from authorized persons. The preaching and precepts could become an authoritative source of law when some competent and qualified person called Narrator, had narrated it.

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