Sunnah as a Source of Law | Islamic Jurisprudence

INTRODUCTION

Sunnah is the practice of the Holy Prophet (PBUH). Allah has given legislative powers to the Holy Prophet (PBUH), where, on a given matter, the Holy Quran is silent, and then the teachings and examples of the Holy Prophet (PBUH) provide us guidance.

It is the second primary source of Islamic law and plays a pivotal role in Islamic Legislation. The whole life of the Holy Prophet (PBUH) is a code of conduct for all Muslims.

CROSS-REFERENCE

  • Article 227 of the Constitution of Pakistan 1973.
  • Quran and Sunnah shall make all laws of Pakistan.

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DERIVATION OF THE TERM SUNNAH

Sunnah derives from the term “Snn“, which means straightness and clarity.

 

DEFINITION OF SUNNAH

Sunnah refers to all narrated from the Prophet (PBUH). His sayings are whatever is tacitly approved, and all the reports describe his physical attributes and character.

 

KINDS OF SUNNAH

The Sunnah is classified into the following kinds.

1. Sunnah Qualiyah:

These statements and sayings of the Holy Prophet (PBUH) are predominant in the Islamic legal systems. Now, it is the duty of every Muslim that they must act according to their sayings.

2. Sunnah Failiyah:

All methods of performance, actions, and conduct of daily life of the Holy Prophet (PBUH) come under this kind. The companions of the Holy Prophet (PBUH) give us details about the actions of Prophet Muhammad (PBUH).

3. Sunnah Taqreeriah:

The other people performed these acts before the Prophet Muhammad (PBUH), and the Holy Prophet (PBUH) responded in silence.

 

SOURCE OF ISLAMIC LAW

In the Holy Quran, the verse from Surah Al-Araf supports that Sunnah, i.e., the acts, saying, decisions, etc., of the Prophet Muhammad (PBUH) are a primary source for deriving law. There is a Hadith of Prophet Muhammad (PBUH) with the same effect, i.e.

 “Beware, I am giving the Holy Quran and something (Sunnah) along with it.”

 

IMPORTANCE OF SUNNAH

  1. Sunnah makes the meanings of the Holy Quran more particular and specific than are previously general.
  2. Sunnah may add a supplement to the legal provisions of the Holy Quran.
  3. Sunnah qualifies as absolute declarations of the Holy Quran.
  4. Quranic injunction is sometimes implicit, and Sunnah makes it explicit by providing essential ingredients and details.

 

ROLE OF SUNNAH IN ISLAMIC LEGISLATION

The following are the various ways that the Prophet Muhammad (PBUH) employed his legislative powers.

  1. Interpretative function
  2. Supplementary function
  3. Derivative function
  4. Repeal
  5. Implementation
  6. Unveil the mysteries
  7. Role model
  8. Preaching
  9. Explanation
1. INTERPRETATIVE FUNCTION:

Interpretative legislation means to lay down a precedent by interpreting the original text of the Holy Quran. In this legislative dimension, Sunnah performs two main functions.

  1. Specification of General Rule
  2. Explanation of Implicit
2. SUPPLEMENTARY FUNCTION:

Supplementary functions of Sunnah are the original legislation. Sunnah adds actual conditions to the Hukm given in the Quran. This capacity of Sunnah provides another argument in favour of Sunnah as Wahi, Ikhafi.

Explanation

In the Holy Quran, there is a Hukm to perform Salat. Sunnah supplements it by explaining its method. This complements explaining Prophet Muhammad’s (PBUH) actions.

  1. Supplementation by way of qualification
  2. Supplementation by way of exception
3. DERIVATIVE FUNCTION:

The derivative function of Sunnah is different from the interpretative and supplementary functions. It is not an original legislative function. The Hukm is already present in the Quran; we derive the rule through Sunnah.

 

CONCLUSION

The Sunnah is an essential and valid source of law accepted by all schools of thought, which is an accurate and practical shape of the Holy Quran. It will remain a guideline till the Day of Judgment. In short, Sunnah is the interpretation of the Holy Quran and the comprehension of the Quran.

 

 

Frequently Asked Questions

Sunnah plays a multi-faceted role in Islamic Legislation. Illustrate and explain.

(2019-A)

Sunnah has two roles in Islamic Legislation; it explains the brief injunctions of the Holy Quran, and it frames law when and where the Quran remains silent. Do you agree?

(2019-A five years)

Sunnah of the Holy Prophet (PBUH) plays a multifold role in Islamic Legislation. Please explain with examples. 

(2018-A)

The denial of the role of Sunnah in Islamic legislation would lead to chaos and misunderstanding of the injunctions laid down in the Quran. Illustrate.

(2017-S)

Sunnah of the Holy Prophet (PBUH) is integral to the Quran. Discuss the role of Sunnah in Islamic legislation.

(2017-A)

Sunnah of the Holy Prophet (PBUH) Plays a two-fold Role in Islamic Law and legislation. Please elucidate by quoting examples.

(2015-A, 2016-S)

Sunnah of the Holy Prophet (PBUH) has a significant and primary role in Islamic legislation; kindly explain with a few examples.

(2016-A)

The Sunnah of the Holy Prophet (PBUH) may be divided into three parts. Define and discuss.

(2014-A)

 

REFERENCES

  • Islamic Jurisprudence by Imran Ahsan Khan Nyazee
  • N-Series by M.A. Chaudhary

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