Usul Al Fiqh Al Islami
Source Methodology in Islamic Jurisprudence:
Methodology for Research and Knowledge
Author: Taha Jabir ‘al Alwani
International Institute of Islamic Thought, Virginia, USA
Note: good study/introduction of the Arabic equivalent of the English legal terms.
Usul Al Fiqh:
Methodology for research and knowledge in Islamic Jurisprudence
Definition:
The science of source methodology in Islamic Jurisprudence Usul al Fiqh is a collective study of legal proofs and evidence that when studied properly leads either to certain knowledge of a Shari’ah ruling or to at least a reasonable assumption; the manner by which such proofs are adduced, and the status of the adducer.
Subject Matter:
This science deals with the proofs in the Shari’ah source-texts, viewing them from the perspective of how, by means of Ijtihad, legal judgements are derived from their particulars; though after, in cases where texts may appear mutually contradictory, preference has been established.
Benefit:
The science of Usul al Fiqh creates the ability to have knowledge of Shari’ah rulings through study by those qualified to perform Ijtihad and who meet all its requirements, of the legal proofs revealed in the sources by the Lawgiver.
Those who practice Ijtihad: mujtahidun
Schools of legal though:
madhahib
a) Some are derived from the science of Aristotelian logic
b) Some are derived from ‘Ilm al Kalam = Scholastic Theology
c) Some are general linguistic rules which the scholars of Usul al Fiqh developed through linguistic research and presented it as research dealing with languages and their origins, the classifications of words into metaphorical and literal, discussions of etymology, synonymity, emphasis, generalization, specification, the meanings of grammatical particles and so on.
d) Some derived from the classical sciences of the Qur’an and the Sunnah
e) The examples cited by the scholars of al Usul
Issues that concern the scholars of Usul
al Fiqh include:
§ Logic and its predications
§ Linguistics
§ Commands & Prohibitions
§
Comprehensive al
‘Amn and particular terms al Khass
§
Inconclusive al
Mujmal and determined concepts al
Mubayyan
§ Abrogation al Naskh
§ Deeds (in particular, those of the Prophet, upon whom be peace, and their significance)
§ Consensus al Ijma
§ Narrations relating to the Sunnah
§
Analogical reasoning al Qiyas
§ Indicating preference in cases of apparent contradiction
§ Exercising legal acumen and scholarship Ijtihad
§ Following a specific school of legal thought Taqlid
§ Disputed Sources (those other than the four “agreed” sources)
- Difficult to attempt a study of Usul al Fiqh and its development
- Need to consider the history of Fiqh
o The practical precepts (i.e. teaching or principles) of Shari’ah from detailed source-evidence
Meaning of Usul: foundation, or basis Asl; plural Usul. Or that upon which something else is built.
In the legal system of Islam, Fiqh is built upon and stems from the bases of Usul, which constitute its source-evidence. In order to understand the origins of Usul al Fiqh, we need to have a general idea of the history of Islamic legislation: Tashri.
Shari’ah legislation, prescribing law, laying down rules and regulation, and defining systems is a function, which is specific to Allah alone. If these functions are ascribed to any other than Allah commits the sin of al Shirk i.e. would have contradicted the belief in the Oneness of Allah Tawhid. Allah provides clear proofs and source-evidence in order that we do not find any trouble in finding the particulars of His legislation (Ahkam). The Islamic Ummah has agreed and accepted the validity and relevance to the Ahkam. The sources at which the whole Ummah agrees fully and on which there is general consensus:
2 sources, which formed the basis of legislation at the time of the Prophet (S.A.W):
a) The Qur’an:
Revealed to the Prophet S.A.W. The recitation of which, itself is an act of worship. Every letter of which has been transmitted to us via an indisputably authentic chain of authority Tawatur, which is written between the two covers of the Holy Book Mushaf.
b) The Sunnah:
Includes everything, other than the Qur’an, which has been transmitted from the Prophet S.A.W.; what he did, said and agreed to. Every utterance of the Prophet (PBUH), apart from the Qur’an, and his every deed, from the beginning of his mission to the end of his life constitutes his Sunnah. A word, whether establishes a ruling applicable for all members of the Ummah, or a ruling applicable only to the Prophet himself or to some of his Sahabah. Every deed or action of the prophet can be taken as the basis for evidence in a legal ruling.
During the lifetime of the Prophet (PBUH), all the legal rulings Ahkam were based of the Shari’ah, were derived from the Qur’an and the Sunnah.
c) Ijtihad:
Practiced by Prophet S.A.W. and by his companions with legal proclivities: Ahl al Nazar
The Prophet’s Ijtihad was sometimes confirmed by the Qur’an and sometimes not; in which case it was explained that the better solution was other than that which he had adopted.
The Ijtihad made by the Companions was a response to the situations that they encountered. Later, they would explain the Prophet what had happened & what they had decided. If the Prophet thought it was right, hence it became part of the Sunnah. If the Prophet disapproved their Ijtihad, his correct procedure would be explained & be part of the Sunnah.
At that stage, legislation was depended on 2 forms of Divine Revelation Wahy:
1. Recited revelation Wahy Matlu; or the Qur’an with its absolute inimitability (individuality) I’jaz.
2. Non-recited revelation Wahy Ghayr Matlu; or the Sunnah of the Prophet (PBUH).
Ijtihad made by the Prophet S.A.W. made a clear precedent for his Sahabah and later Muslims to prove the legitimacy of Ijithad, when they could not find an express legal ruling in the Qur’an and the Sunnah, they were to make use of Ijtihad in order to arrive at a judgment on their own.
Moreover, probably the Prophet used to order certain of his Companions to make Ijtihad in his presence and explain who was correct and who was mistaken to further reinforce and establish this concept.
Indeed, the Sahabah rarely questioned the Prophet (PBUH) about any matter unless he himself mentioned it first.
Ibn ‘Abbas said: “I have never seen any people better than the Sahabah of the Prophet, may Allah bless him and grant him peace. Throughout his mission, until he passed away, they only asked him about thirteen matters, all of which are mentioned in the Qur’an. For example, [the meaning of]: ‘They ask you about fighting in the sacred month…’ (2:212); and ‘They ask you about the menstruating woman…’ (2:222).” Ibn ‘Abbas said, “They only asked him about matters which were of actual concern to them.”
Ibn ‘Umar: “Don’t ask about something that hasn’t happened, for I heard my father, ‘Umar ibn al Khattab, curse one who asked about something which had not occurred.”
Qasim said (to the third generation of Muslims): “You ask about things we never asked about, and quarrel about things we never quarrelled about. You even ask about things, which I’m not familiar with; but if we did know, it would not be permitted for us to remain silent concerning them.”
Ibn Ishaq said: “I met more of the Prophet’s Sahabah than anyone else did; and I have never seen a people who lived more simply, or who were less demanding on themselves.”
‘Ubadah ibn Nusay al Kindi said: “I have known a people whose austerity was not as rigid as yours, and whose questions were quite other than the ones you ask.”
Abu ‘Ubaydah said: “It has never been reported that any of the Sahabah went to the Prophet (PBUH) for knowledge of anything which could be found in the Qur’an.”
The parts of the Sunnah consist of the Prophet’s words were in the Companions’ own language, so they knew its meaning and understood its phrases and context. They would tell others exactly what they had seen as far as the Prophet’s deeds were concerned. For ex. Hundreds of people saw the Prophet (PBUH) making ablutions Wudu’, and adopted his practice without asking him about details; like which of the various actions in Wudu’ were obligatory and which were recommended, which were merely allowed and which were not. Also witnessed him performing Hajj and Salah, and other acts of worship. People heard asking the Prophet (PBUH) to give Fatawa concerning various matters, and he did so.
- Cases referred to him & he would pronounce his judgement.
- Problems rose amongst the Sahabah and he would give definite answer, whether it concerned mutual relations, personal conduct, or various political matters.
- Witnessed all these situations and they understood the context in which they took place so that the witnesses and purposes of the Prophet’s judgement were not hidden.
- The Prophet observed conduct of others & if a person was praised, they knew that that the person’s act had been a good one. Likewise, if he (PBUH) criticized anybody, they knew that there had been something wrong with that person had done.
- Prophet’s Fatawa, rulings, decisions and approval or disapproval of various matters show that it took place in the presence of many people.
- Like a doctor knows the reasons for prescribing medicines, so did the Sahabah knew exactly the reasoning behind the Prophet’s decisions.
There are many indications in the contemporary context that Ijithad is valid and relevant.
Ex. Mu’adh ibn Jabal (p.8) à Make Ijtihad to formulate your own judgement.
Further Ex. Advice ‘Umar gave Abu Musa when he appointed him a judge. (p. 9)
Imam al Shafi’i explained “opinion” as meaning Ijtihad, & Ijtihad meaning al Qiyas. He said: “They are two names for the same thing.”
Ex. Abu Bakr al Siddiq, Khalifat Rasul Allah. Prophet’s opinion was always correct. (p.9)
The state that the concept of Ijtihad or “opinion” at that stage went no further than one of the following:
a) Applying one or another of the possible meanings in cases where a sentence may lend itself to 2 or more interpretations.
b) Comparative Qiyas: deals with a matter by comparing it with another, similar matter which is dealt with in the Qur’an or Sunnah.
c) Ijtihad by taking into account something which is potentially beneficial; or prohibiting something which could lead to wrongdoing; or deriving a particular ruling from general statements; or adopting a specific interpretation; and so on.
In sound hadith: “when a judge makes Ijtihad and reaches a correct conclusion, he receives a double reward; and if his conclusion is incorrect, he still receives a reward.”
The Ijithad of many Sahabah was so accurate that in many cases the revelations of the Qur’an confirmed it.
Their close association to the Prophet had afforded them a keen sense of the aims of the All-wise Lawgiver, of the basic purposes behind the Qur’anic legislation, and of the meanings of the texts; opportunities, which those who came after them did not directly enjoy.
Usul Al Fiqh Al Islami
Source Methodology in Islamic Jurisprudence:
Sahabah who gave fatawa:
· Abu Bakr, ‘Uthman, ‘Ali, ‘Abd al Rahman ibn ‘Awf, ‘Abd Allah ibn Mas’ud, Ubay ibn Ka’b, Mu’adh ibn Jabal, ‘Ammar ibn Yasir, Hudhayfah ibn al Yaman, Zayd ibn Thabit, Abu al Darda, Abu Musa al Ash’ari & Salman al Farisi.
The ones who gave the most Fatawa were:
· ‘A’isha Umm al Mu’minin, ‘Umar ibn al Khattab & his son ‘Abd Allah, ‘Ali ibn Abu Talib, ‘Abd Allah ibn ‘Abbas & Zayd ibn Thabit.
q Their fatawa would fill great volumes.
The lesser number of Fatawa were narrated are:
· Umm Salmah Umm al Mu’minin, Anas ibn Malik, Abu Sa’id al Khudri, Abu Hurayrah, ‘Uthman ibn ‘Affan, ‘Abd Allah ibn ‘Amr ibn al ‘As, ‘Abd Allah ibn Zubayr, Abu Muda al Ash’ari, Sa’d ibn Abu Waqqas, salman al Farisi, Jabir ibn ‘Abd Allah, Mu’adh ibn Jabal & Abu Bakar al Siddiq.
q Their fatawa would fill only small part of the book.
Before reaching a fatawa, the Sahabah compared the particular events that happened to them with similar matters for which judgement had been given in the Qur’an and Sunnah.
q Looked for: meaning & legal significance through examination of the text’s literal wording, its implications, & any other relevant details.
q They explained their judgements to others.
q Never stopped researching until they were certain of, satisfied and had done their best & could do no more.
q After Prophet came the era of the Great Sahabah and the Rightly Guided Caliphs, a.k.a. Khulafa’ Rashidun.
q Period lasted from 11 to 40 AH.
q Qurra’ = Reciters: the Sahabah were called who had a good understanding of Fiqh and gave Fatawa.
Maymun ibn Mahran summed up Abu Bakr’s method of arriving at legal judgments:
1) Qur’an à if he found sthg. according to which he could pass a judgment, he did so.
2) Prophet’s Sunnah
3) Go & say to the Muslims: “Such and such a dispute has been referred to me. Do any of you know anything in the Prophet’s Sunnah according to which judgement may be passed?” à If solution found, he would praise Allah who enabled us to remember what the Prophet had taught us.
4) Gather leaders & the elite of the people & consult with them. If they agreed, judgement was passed on that basis.
5) Ijtihad à formulate his own opinion either by interpreting a text in a way as its legal implications became apparent, or by exercising his own legal expertise.
Ex.of Ijtihad of the first kind was when Abu Bakr was asked about the Kalalah.
Abu Bakr said: “My opinion, if it is correct, then it is from Allah, and if it is wrong, then it is from myself and from the Shaytan. The Kalalah is one who has neither ascendants nor descendents.
Another ex. of Abu Bakr’s Ijtihad:
The appoinment of Khalifah ‘Umar to succeed after him .
à by means of Bay’ah
· Khalid ibn al Walid wrote to Abu Bakr about the practice of homosexuality in some areas of the Arabian Peninsula.
· Abu Bakr consulted the Sahabah of the Prophet.
· ‘Ali was the strictest in judgement: “this sin was known only in one nation (people of Lot), and you know what Allah did to them. I suggest that these people should be burnt to death”.
· Abu Bakr followed ‘Ali’s advice and adviced Khalid ibn al Walid to burn them to death.
o Use of al Qiyas was widespread when there was nothing relevant found in the Qur’an & the Sunnah to those such cases. None of the Sahabah objected to this.
o
Al Ijma
also widely used as a basis of judgement.
- Few Sahabah
- Easy to agree amongst themselves
- Used al Ijma in many cases:
Ex. Their decisions that the Khalifah or Imam should be appointed, that apostates should be fought & killed, that an apostate could not be taken as a prisoner of war, & that the Qur’an should be collected & written down in one volume.
‘Umar’s methodology was that he often consulted the Sahabah & discussed matters with them so as to reach the best and the most appropriate judgements. His approach to legal questions was like a cautious chemist whose intent is to produce medicine that will cure disease without causing any side effects. He left us with a great wealth of jurisprudence.
Ibrahim al Nakha’I
(d.97 AH) said that when ‘Umar was martyred “nine-tenths of all knowledge
disappeared with him”.
‘Umar R.A.:
§ possessed with good common sense
§ his understanding was comprehensive
§ quick to relate issues to the basic principles in order to see its wider implications.
§ This how he was at the time of the Prophet (S.A.W.) & Abu Bakr, and he did not change when he himself became the Khalifah. (Caliph)
§
Learnt a great
deal from the Prophet S.A.W. :
§ Noticed the Prophet S.A.W. would refrain from ordering the people because he did not want hardship on them. The Prophet said he was not afraid to impose hardship on his Ummah.
§ Prophet would forbid certain things at times & later would lift the ban if the reason for forbidding was no longer valid.
§ When there was 2 choices between two things, Prophet would always choose the easier of the 2. à this had a great effect on ‘Umar.
§ ‘Umar knew that the Shari’ah has purposes & aims: there are grounds for, & reasons behind these judgements; some which are in the primary texts (clear) & others, which are alluded.
§ ‘Umar felt it the duty of scholars to discover the reasons which are not specified in the texts, so that legal judgements may be applied to new issues & developments.
§
‘Umar’s practice
of Ijtihad:
§ clear methods of arriving at judgements
§ his fatawa was based on public interest, on taking precautions to prevent wrong-doing, or to combat corruption, & on adopting the easiest course under the law.
§ Ex. He declared some judgements invalid because it was no longer applied or conditions did not prevail.
- Ex. His request to the Prophet S.A.W. that the prisoners of the battle of Badr should be killed,
- His suggestions about Hijab,
- The Prophet S.A.W. should not tell people that whoever said “there is no god but Allah” would enter Paradise, in case they relied on that & did not make further effort,
- His suggestion to Abu Bakr that he should no longer give an extra share form the public treasury to those who had recently embraced Islam
- His decision not to share out the conquered land among the army.
-allegiance given to ‘Uthman : condition he work in accordance with the
1) Qur’an
2) Sunnah of His Prophet, and
3) the precedent set by the first 2 Khulafa’.
- he promised to do
‘Ali however promised to do both but 3) to do the best that his own knowledge and energy would allow.
‘Ali, when he became the Khalifah, acted according to his own Ijtihad on matters which the Khulafa had already produced Ijtihad.
Ex. Reconsidered the issue of whether a slave women who had begotten children for their masters could be sold.
‘Uthman:
àSahabah who did not produce a great # of fatawa.
à Because perhaps most matters he came across with were already dealt by Abu Bakr and ‘Umar. He preferred to adopt their opinions.
à Made Ijtihad
Ex. ‘Umar asked ‘Uthman on a legal matter. ‘Uthman said to follow your opinion but if you follow the Khalifah then it is better, because he was good at passing judgement. (Abu Bakr)
àperformed his own Ijtihad when, during the Hajj, he didn’t shorten the Salah in Mina. Though it is permitted to do so.
à 2 possible explanations for this:
1) He had been married at Makkah & thought that the people of Makkah were not permitted to shorten their Salah in Mina.
2) He was afraid that some Bedouins might get confused if he did so and so he did not shorten his Salah.
àAnother formulation of Ijitihad by ‘Uthman
To read in the way Zayd recited the Qur’an:-
1) The most sound way
2) Most likely to prevent the occurrence of disagreements
· Similar to ‘Umar ibn al Khattab:
· understood & applied the texts of the Qur’an and his deep concern in linking particular issues to the general principles.
· Before being a Khalifah, ‘Ali was considered the best judge of Madinah.
·
When Prophet (PBUH) appointed ‘Ali as a judge in Yemen,
he (PBUH) prayed for ‘Ali: “O Lord!
Guide his heart and make him speak the truth.”
· ‘Ali proved to be an excellent judge & resolved many difficult cases.
à ‘Ali described his own
knowledge: “By Allah, no verse of the
Qur’an was ever revealed except that I knew concerning what it was revealed,
and where and why it was revealed. My Lord has bestowed upon me a heart that is
understanding and a tongue that is articulate.”
·
For a Fatwa:
1)
Cite from the Book of Allah
2)
The Sunnah of the Prophet (S.A.W.)
à extent of his knowledge of the Qur’an and Sunnah was very well known.
· ‘Aisha said that in regard to the Sunnah of the Prophet, ‘Ali was the most knowledgeable of all people.
· ‘Ali used to formulate his own opinion by means of Ijtihad based on al Qiyas, al Istishab, al Istihsan and al Istislah, always basing his opinion on the broader aims of the Shari’ah.
Al Istishab: The
consideration of circumstance in the process of adducing a legal argument.
Al Istihsan: The acceptance of a Qiyas-analogy that appears juridically superior in comparison with an obvious analogy. It is in this context that al Istihsan has been sometimes been translated as “Juristic Preference”.
Al Istislah: Legal
consideration of the welfare and well-being of both the individual and society
as a whole.
Ex. When asked on the possible increase in the punishment (Hadd) for one who was found guilty of drinking alcohol, he compared drunkenness to the false basis that drunkenness could lead a person to make such an accusation.
à 'Ali said, “0 Commander of the Faithful! If a group of people joined together in stealing, would you not cut one hand off of each of them?” when 'Umar replied in the affirmative, 'Ali said, "Then the same applies in this case.” Consequently, 'Umar uttered his famous saying: "If all the citizens of San'a were to join together in murdering one man, I would execute the lot of them."
“When I realized how grievous the
matter was, I lit my bonfire and called for Qanbar.”
- ‘Umar, greatly disturbed by what had occurred, consulted the Sahabah about the matter. Some of them: ‘Uthman ibn ‘Affan and ‘Abd al Rahman ibn ‘Awf, assured him: “You were merely attempting to educate her; you have done nothing wrong.”
- ‘Umar asked ‘Ali’s opinion. ‘Ali replied, “These men
have spoken, and if this is the best opinion they can come up with, then fair
enough. But, if they have spoken only to please you, then they have cheated
you. I hope that Allah will forgive you for this sin, for He knows that your
intention was good. But, by Allah, you should pay compensation for the child.”
- ‘Umar said, "By Allah, you have spoken sincerely to me. I swear that you should not sit down until you have distributed this money among your people."
THE FUQAHA' AMONG THE SAHABAH AND THE TABI'UN
Among the more significant changes were the following:
1. Scholars had become more interested in investigating into what lay beyond the explicit meanings of the texts.
2. Great deal of change in dealing with the Sunnah. Essentially, this difference was the outcome of political differences that accompanied the emergence of various sectarian and philosophical factions, such as the Shi'a and Khawarij, whose attitude to the Sunnah was different. The Shi'a refused to accept Hadith which were not narrated by their own followers; and the Khawarij refused to accept Hadith if, anywhere in the chain of the Hadith's narrators there was no more than a single narrator and as well as all those Hadith which were not supported by a text from the Qur'an.
3. As divisions arose, al Ijma' was no longer a possibility in this period. Basically, this was because every group mistrusted the scholars of every other group, and would no longer accept any of their opinions, whether they agreed or disagreed with them. Also, the Fuqaha' from among the Sahabah had become scattered all over the Islamic world, so that it was no longer possible for them to meet in order to discuss matters.
4. Also in this period, the narration of Hadith and Sunnah became popular, which wasn’t the case previously.
5.
The fabrication of Hadith for many well-known reasons
became widespread. Muslim reported that Ibn Abbas said: “We used to
narrate many Hadith from the Prophet (PBUH) without ever having to worry about
fabrication. But when people started to be careless in narrating things
attributed to the Prophet, we stopped narrating Hadith.”
Usul Al Fiqh Al Islami
Source Methodology in Islamic Jurisprudence:
The time of the Sahabah came to an end between 90-l00 AH, and was followed by the time of the Tabi'un whose scholars became responsible for Fiqh and giving Fatawa. The last of the Sahabah in Kufah died in 86 or 87 AH. The last one in Madinah, Sahl ibn Sa'd al Sa'idi, died in 91 AH. The last one in Basrah, Anas ibn Malik, died in 91 AH (some say 93 AH). The last one in Damascus, 'Abd Allah ibn Yusr, died in 88 AH. The last one of the Sahabah, 'Amir ibn Wathilah ibn 'Abd Allah (Abu Tufayl), died in 100 AH.
Thereafter, those who became responsible for issuing Fatawa were the freed men Mawali, most of whom had lived with the Fuqaha' among the Sahabah, such as: Nafi', the freed man of Ibn 'Umar; 'Ikramah, the freed man of Ibn 'Abbas; 'Ata' ibn Rabah, the Faqih of Makkah; Tawus, the Faqih of the people of Yemen; Yahya ibn Kathir, the Faqih of Yamamah; Ibrahim al Nakha'i, the Faqih of Kufah; Hasan al Basri, the Faqih of Basrah; Ibn Sirin, also of Basrah; 'Ata' al Khurasani in Khurasan, and others. Indeed, Madinah was unique in having a Faqih from Quraysh, Sa'id ibn al Musayyab.
These Tabi'un very rarely altered the Fatawa of the Sahabah from whom they had gained their knowledge; hence it is difficult to find differences between their methods of deriving judgements and those of their predecessors. Even so, the methods of deriving judgements were, at this stage, starting to evolve and, in the process, to become clearer than ever before.
It is narrated that Hasan ibn 'Ubayd Allah al Nakha'i said: "I asked Ibrahim al Nakha'i: 'Did you hear from others all the Fatawa which I hear you giving?' He said, 'No.' I asked him: 'Then you give Fatawa that you did not hear?' He said: 'I heard what I heard; but when I was confronted with matters concerning which I had not heard anything, I compared them, by analogy, with matters which I had heard about.'"31
Among the significant features of this period was the emergence of differences of opinion between legal scholars on a variety of matters. This was underscored by two decisions taken by the Khalifah of the times, 'Umar ibn 'Abd al 'Aziz.
In his letter to Abu Bakr Muhammad ibn 'Amr ibn Hazm al Ansari, the Khalifah explained his reasons for ordering that the practices attributed to the Prophet (PBUH) should be written down. He wrote: "Look for whatever Hadith of the Prophet (PBUH), or Sunnah, or practice you can find. Then write these down for me; for I fear that this knowledge will pass away with the passing of the scholars."34
This period was described by Wali Allah al Dahlawi as follows:
"The Fuqaha' of the period took the Hadith of the Prophet (PBUH), the decisions of the early judges, and the legal scholarship of the Sahabah, the Tabi'un and the third generation, and then produced their own Ijtihad."
This was the way the legal
scholars of those times worked. Basically, all of them accepted both the Musnad35 as well as the Mursal36 Hadith."
· It became their practice to cite the opinions of the Sahabah and Tabi'un as evidence. There were two reasons for this:
1. Such opinions were actually Hadith of the Prophet (PBUH), which had been narrated by one of the Sahabah or the Tabi'un who had, for fear of misquoting, not dared to attribute the Hadith to the Prophet (PBUH).
2. The Sahabah from the texts of Hadith derived such opinions, and they represented their own understanding of the Sunnah.
· The Sahabah were better than those who came later, because they had known the Prophet (PBUH), and were thus more capable of interpreting what he had said. Their judgements and opinions were accepted as authoritative, except in cases where
1)
they themselves
differed, or
2) where their pronouncements were in clear contradiction to sound Hadith of the Prophet (PBUH).
- In cases where two or more Hadith conflicted, the scholars would refer to the opinions of the Sahabah in order to determine which of the two Hadith was the correct one.
- The Mujtahid Imams would accept their opinions:
a) If the Sahabah said that a Hadith had been abrogated, or was not to be understood literally
b) If they did not expressly say anything about a Hadith, but had ignored it, and had not acted in conformity with it, thus indicating that the Hadith was in some way defective, or that it had been abrogated, or that its interpretation was other than the literal.
· When the pronouncements of the Sahabah and Tabi'un differed on any matter:
1) Each Faqih would follow the rulings of those from the same region as himself,
2) His own teachers, because he would be more able to discern the authenticity, owing to his familiarity with the narrators, of the opinions and sayings that reached him on their authority.
3) Likewise, the Faqih would be better acquainted with their legal methodology.
'Umar, 'Uthman, Ibn 'Umar, 'A'ishah, Ibn Abbas and Zayd ibn Thabit, and their companions from among the Tabi'un, like Sa'id ibn al Musayyab (d 93 AH), 'Urwah ibn Zubayr (d 94), Salim (d 106), Ata' ibn Yasar (d 103), Qasim ibn Muhammad (d 103), 'Ubayd Allah ibn 'Abd Allah (d 99), al Zuhri (d 124), Yahya ibn Sa'd (d 143), Zayd ibn Aslam (d 136) and Rabi'at al Ra'i (d 136), was the school most acceptable to the people of Madinah.
'Abd Allah ibn Mas'ud and his companions, the judgements of the Khalifah 'Ali, Shurayh (d 77), and al Sha'bi (d 104), and the Fatawa of Ibrahim al Nakha'i (d 96) were the most acceptable to the people of Kufah.
q Wall Allah al Dahlawi commented:
v When
Masruq (d 63 AH) followed Zayd ibn Thabit's opinion concerning sharing out
the inheritance between the grandfather and the brothers [of the deceased],
'Alqamah (d 62) asked him, “Is any of you more knowledgeable than Abd Allah
(ibn Mas'ud)?”
v Masruq
answered, “No, but Zayd ibn Thabit and the people of Madinah share the inheritance
between the grandfather and the brothers…”
q If the people of Madinah agreed on a matter, the scholars of the generation following the Tabi'un adopted it.
v This is what Malik meant when he said: “The Sunnah concerning which we, the people of Madinah, have not differed is such-and-such.”
1) Follow those opinions which were stronger and more dependable either by virtue of their having been adopted by a majority of the early scholars, or
2) Their having been the result of sound legal analogy, al Qiyas, or
3) Which were derived from some text in the Qur'an or the Sunnah.
It is to this process that Malik refers when he says: “This is the best that I have heard.”
a) They would themselves turn to the relevant texts in order to formulate their own legal opinions.
Malik (d 179) in Madinah, Ibn Abu Dhi'b (d 158), Ibn Jurayj (d 150?) and Ibn 'Uyaynah (d 196) in Makkah, al Thawri (d 161) in Kufah, and Rabi' ibn Subayh (d 160) in Basrah, began to write things down, and they all followed the same method.
Malik said: “0 Amir al Mu'minin, do not do that! Already the people have heard different legal opinions, and listened to Hadith and narrations; and they have accepted whatever reached them first, so that this has contributed to differences in the prevailing practices among people. Leave the people of each town with the choice they have already made.”
But Malik said to him: “Do not do that, for the Sahabah
of the Prophet used to differ on the Sunnah. Then they scattered and settled
throughout the Muslim world; and now their different ways are firmly
established.”
Imam Malik:
· The most knowledgeable about the Hadith related by the people of Madinah from the Prophet (PBUH).
· His chains of narrators were the most reliable.
· He was also the most knowledgeable about the judgements of 'Umar and the legal pronouncements of 'Abd Allah ibn 'Umar and 'A'ishah and their companions from among the seven Fuqaha'.
· The sciences of Hadith narration and Fatawa were based on the knowledge of Malik and those like him.
Abu Hanifah:
· He was the most devoted to the legal interpretations of Ibrahim al Nakha'I and his colleagues.5
· Would very rarely transgress their arguments.
· He was excellent at producing decisions based on Ibrahim's method
· He was exact in employing his methodology in order to deal with details of law cases.
Al Dahlawi's comments need to be considered:
1) He was very eager to stress that al Imam Malik and Abu Hanifah, and their companions, were more or less conforming to the opinions of the Tabi'un and the Sahabah before them (as opposed to generating their own Ijtihad), and
2) They had not transcended the jurisprudence of their predecessors. This, however, is a conclusion with which it is difficult to agree.
· There are various approaches to Fiqh and each of the Imams adopted a different approach to the subject.
· For example, Malik's taking the customs and practices of the people of Madinah as a (secondary) source for legislation; or
· Abu Hanifah's use of al Istihsan and al 'Urf.6
· Moreover, neither of them based their arguments on the Fatawa of the Tabi'un, but rather competed with them, saying: “They were men [of knowledge] and so are we.”
· Unlike anyone before them, each had laid down his own set of conditions for accepting Hadith as authentic.
· The incidence of an increased circulation of Hadith in those times, and the appearance of Hadith that had never been circulated at all, led, in some cases, to legal rulings and positions quite different from those held by the Sahabah.
RATIONALISTS AND
TRADITIONISTS: AHL AL
HADITH AND AHL AL RA'I
· The emergence of two informal schools of legal thought:
1) The rationalists or Ahl al Ra'i,
2) The traditionists or Ahl al Hadith,
- The appearance of differences between them concerning both source methodology, and issues of case law.
v Both these schools had their roots in the approaches of the preceding two generations.
v It was at this time that people:
a. Differences in matters of Fiqh become clear.
b. Began grouping themselves on the basis of their differences in deriving legal points from the sources.
v Writers on Islamic legal history emphasize that the rationalist school of Ahl al Ra'i was an extension of the school of 'Umar and Abd Allah ibn Mas'ud who, among the Sahabah, used Ra'y (opinion) widely.
o
'Alqamah al Nakha'i (d. 60 or 70 AH), the uncle and
teacher of Ibrahim al Nakha'i, was influenced by them.
o Ibrahim taught Hammad ibn Abu Sulayman (d 120 AH)
à who, was the teacher of Abu Hanifah.
v The traditionist school of Ahl al Hadith was a continuation of the school:
- of those Sahabah whose fear of contradicting the letter of the source texts Nusus made them circumspect to the point where they never went any further than the texts.
- This was the case, by and large, with 'Abd Allah ibn 'Umar ibn al Khattab, 'Abd Allah ibn 'Amr ibn al 'As, al Zubayr, and 'Abd Allah ibn 'Abbas.
1) The school of Ahl al Hadith became widespread in the Hijaz for many reasons:
2) The most important:
1) The great number of Hadith and other narrations known to the people of that area,
2) The fact that the region was more stable after the seat of the Khilafah had been moved,
3) Most of the political activity had been transferred, first to Damascus, then to Baghdad.
q The Imam of Madinah, Sa'id ibn al Musayyab (d 94 AH), once noted: The people of Makkah and Madinah had not lost much of the Hadith and Fiqh, because they were familiar with the Fatawa and reports of Abu Bakr, 'Umar, 'Uthman, 'Ali (before he became Khalifah), 'A'ishah, Ibn Abbas, Ibn 'Umar, Zayd ibn Thabit and Abu Hurayrah, and thus did not need to use Ra'i in order to derive law.
q The school of Ahl al Ra'i, gained currency in Iraq.
q The scholars of this group thought that:
a. Legal interpretations of the Shari'ah should have a basis in reason,
b. Should take into account the best interests of the people,
c. Should be backed by discernable wisdom.
q These scholars felt it their duty to uncover these meanings and the wisdom behind the laws, and to make the connection between them; so that if the reasons for any law were to lose relevance with the passing of time and the changing of circumstances, the law would no longer be valid.
q If they found the reasons behind the law, they would sometimes prefer to cite arguments based on an analytical treatment of those reasons.
q Thus, in many cases, reason would be accorded legalistic preference when such reasoning conflicted with the evidence of certain categories of Hadith.
q The spread of this method in Iraq was helped by the numbers of Sahabah influenced by the methods of 'Umar. Among them were Ibn Mas'ud, Abu Musa al Ash'ari, 'Imran ibn Husayn, Anas ibn Malik, Ibn Abbas and others. The spread was also assisted by the transfer of the Khilafah to Iraq, and the settling there of 'Ali and his supporters.
· When the sects, like the Shi'ah and Khawarij, appeared in Iraq, conflict arose and the fabrication of Hadith became widespread.7
· The legal scholars of Iraq were forced to lay down conditions for the acceptance of Hadith, according to which only a few of the reports given by the Sahabah living in Iraq were acceptable.
· The great number of legal problems and the constant increase in unprecedented legal issues in that area were more than could be dealt with on the basis of reliable Hadith.
· It was in this way that the Ummah, those who had not become involved with either the Shi'ah or the Khawarij, was divided into two groups, Ahl al Hadith and Ahl al Ra'i; and the conflict between them intensified.
· Ahl al Ra'i often used to criticize Ahl al Hadith for having little intelligence and less Fiqh-understanding
· Ahl al Hadith claimed that the opinions of Ahl al Ra'i were based on no more than conjecture, and that they had distanced themselves from those matters of religious significance, which could only be ascertained through recourse to the source-texts.
· Ahl al Ra'i agreed with all Muslims that once a person has clearly understood the Sunnah, he may not reject it in favour of what is no more than someone's opinion.
· In all those cases in which they were criticized for contradicting the Sunnah: they said that they did not know any Hadith concerning the matter in dispute, or that they did know a Hadith but it wasn’t sound enough owing to some weakness in the narrators or some other fault they found in it (a fault which perhaps others did not consider to be damaging), or that they knew of another Hadith which they considered sound and which contradicted the legal claim of the Hadith accepted by others.
· Ahl al Hadith agreed with Ahl al Ra'i on the necessity of having recourse to reason whenever a matter occurs for which there is no specific ruling in the source texts.
· In spite of these areas of agreement, the conflict and tension between the two groups remained intense.
Coming up:
Chapter Four: Al Imam al Shafi'i
The Method of al Imam al Shafi'i in His Book: Al Risalah
Chapter Five: Usul al Fiqh After al Imam al Shafi'i
Developments in Usul Al Fiqh After al Imam al Shafi'i
The Role of the Followers of Abu Hanifah in the Writing of al Usul
The Methods of the Followers of al Imam al Shafi'i, or the Mutakallimun, and those of the Hanafiyah
The Method of the Hanafi Scholars of al Usul
The Science of Usul
al Fiqh During the Sixth Century AH and The Following Period
Chapter Six:
Issues Related to Ijtihad
Summary/Review: Chapter 3 (p. 12-16)
· After the Sahabah’s time à Tabi’un àwho were responsible for fiqh + fatawa.
· Sahabah present in: Kufah, Madinah, Basrah, Damascus.
· Responsible of issuing fatawa were the freed men: Mawali
· Sa’id ibn al Musayyab: Faqih of Madinah.
· Tabi’un gained knowledge from Sahabah.
· Difficult to find difference between methods and those of predecessors, as Tabi’un not altered fatawa of the Sahabah.
· Ibrahim al Nakhai used qiyas for matters he had not heard about.
· Emergence of differences of opinion between legal scholars on a variety of matters.
· Khalifah ‘Umar ibn ‘Abd al ‘Aziz ordered the sunnah to be written down in books. (every locality) Also, restricted the authority to issue Fatawa to a few named individuals.
· Fuqaha of the period took:
1) the Hadith of the Prophet (SAW)
2) decisions of the early judges
3) legal scholarship of the Sahabah, Tabi’un and the third generation
4) then produced their own Ijtihad
· All accepted Musnad & Mursal hadith.
· Practice to cite the opinions of the Sahabah & Tabi’un as evidence.
· Reasons: 1) fear of misquoting. ex. Luqman was this…(not prophet said)
2) Sahabah represented their own understanding of the sunnah.
· Sahabah were better than those who came later. They knew the Prophet S.A.W.
· Sahabah, thus more capable of interpreting what Prophet had said. Their judgements and opinions were accepted as authoritative except when the Sahabah(s) :
1) themselves differed, or
2) there was clear contradiction to sound Hadith of the Prophet
· If 2 or more Hadith conflicted, the scholars would refer to the opinions of the Sahabah in order to determine which of the two hadith was correct.
· The Mujtahid Imams would accept the Sahabah’s opinions:
1) If they said that a Hadith was abrogated or was not to be understood literally.
2) If they had not said anything about a Hadith:
· Ignored it
· Acted with conformity with it
· Indicating that the Hadith was some way defective
· It had been abrogated
· Or interpretation was other than the literal.
q Sahabah & Tabi’un differed on any matter: (3) P. 14
q Imam Malik based his legal arguments on the teachings of the Madinan Scholars.
q Ijma (Consensus) used among the Madinan people. Scholars adopted it.
q Later Shcolars (4) P. 15
Usul Al Fiqh Al Islami
Source Methodology in Islamic Jurisprudence:
- studied & committed to memory
- collection of Hadith & legal opinions: the Muwatta.
-
ex. He criticized them for their accepting Munqati[1]
Hadith. (“The Munqati is nothing”)
· Many scholars abandoned the way of Ahl al Ra'i and began to follow al Imam al Shafi'i.
· Al Imam Ahmad ibn Hanbal also attended this circle, and it is narrated that he said: “Any narrator of Hadith who ever carried an ink-pot benefited in some way from al Imam al Shafi'I”. When al Imam Ahmad was asked to explain, he said: “The Ahl al Ra'i used to laugh at Ahl al Hadith until al Imam al Shafi'i taught them otherwise, and vindicated the traditionist position through sound arguments.”
· It was in response to a request from Ahl al Hadith, that Imam al Shafi'i wrote his book, Al Hujjah (The Argument), in Baghdad, in order to refute the arguments which Ahl al Ra'i brought against him.
· In Egypt, he saw people adhered strictly and unquestioningly to the opinions of Malik.
· He began a critical analysis of Malik's legal opinions, and found that in some cases, “...he (Malik) formulates opinions on the basis of a general principle, while ignoring the specific issue; whereas at other times he gives a ruling on a specific issue and ignores the general principle.”
· He also found Malik sometimes rejected a sound Hadith in favour of a statement made by one of the Sahabah or the Tabi'un, or in preference to his own reasoning.
· He discovered, Malik rejected the statement of one of the Sahabah in favour of the opinion of a Tabi'i, or his own personal opinion; and that he would do this in individual cases, without taking general principles into account. Moreover, Malik claimed in many cases that there was Ijma' concerning the matter, when there was, in fact, disagreement about it.
· He found that Malik’s opinion that Ijma’ of the people of Madinah could be treated as source-evidence but not very strong.
· Malik wrote a book: Al Ikhtilaf Ma'a Malik—“Disagreement with Malik” in which he dealt with all of the matters mentioned above.
· Imam Malik exceeded proper bounds in applying his principle of al Masalih al Mursalah (the Interest of the Greater Good) without having recourse to the abundance of source-evidence.
· His opinion on Abu Hanifah was that, in many cases, he concentrated on minor issues and details, without regard for basic rules and principles.
· He wrote the Risalah & built his Fiqh and legal teachings on the foundations of the principles and methodology.
· Al Imam Ahmad ibn Hanbal said: “Until al Imam al Shafi'i came along, we never thought of things like the general and the specific al “Umum wa al Khusus”.
· Al Shafii was more concerned with establishing principles than with dealing with minor issues and details. Ex. He used to say to Imam Ahmad: “You have more knowledge about Hadith and narrators than I. So, if a Hadith is authentic, then tell me. If it is authentic, I will accept it, even if it is (reported by narrators) from Kufah, Basrah or Damascus.”
· Al Zarkashi (d 794 AH) devoted a chapter on Imam Al Shafi’i’s contributions:
ð
He wrote on:
1)
Usul
al Fiqh,
2) the Risalah, Ahkam al Qur'an (Legal Interpretations of the Qur'an),
3) Ikhtilaf al Hadith (Conflicting Hadith),
4)
Ibtal al
Istihsan (The
Invalidity of Juristic Preference),
5) Jima' al 'Ilm (The Congruence of Knowledge), and
6) al Qiyas (Analogical Reasoning)-the book in which he discussed the error of the Mu'tazilah group, and changed his mind about accepting their testimony.
THE METHOD OF AL
IMAM AL SHAFI'I IN HIS BOOK, AL
RISALAH
- began his book by describing the state of mankind just before the mission of the Prophet. He divided them into two groups:
-Imam Shafi’i said Allah rescued all mankind by sending the last Prophet and the Qur’an so that they come out from blindness into the light of guidance.
Behold, it is a Divine Scripture, sublime. No falsehood
can attain to it openly and neither in a stealthy manner; (since it is]
bestowed from on high by One who is Truly Wise, Ever to be Praised (41:41-42).
In the book (Risalah):
1) Discussed in detail the status of the Qur'an in Islam,
2) Its comprehensive statements about what Allah had permitted and prohibited,
3) how man is to
worship Allah,
4) the rewards of
those who obey Him,
5) the punishments
of those who disobey Him, and
6) how Allah admonished them by telling the stories of those who had gone before.
Further:
End of his Introduction: he said “No problem will ever beset any of the followers of Allah's religion except that there be guidance in the Book of Allah to indicate the right way. For, Allah, the Blessed and Most High said:
A Book We send to you, that you may bring forth mankind from darkness to light, by the permission of their Lord to the path of the Almighty, the Praiseworthy (14:1).
(16:91)
(16:46), (42:52).
Chapter on al
Bayan
-defined as a legal term
-divided into categories in explanation of the ways that the Qur'anic declaration indicates matters of legal significance. There are five such categories:
Al Imam al Shafi'i explained the five categories in five separate chapters, giving examples and evidence for each. Thereafter, the Risalah included the following chapters:
·
Revealed
in the Qur'an: Comprehensive 'Amm, but includes the Particular Khass.
·
Explicit
General Declaration of the Qur'an in which the General and the Particular
included.
·
Explicit,
which appears to be General but is intended to be entirely Particular.
·
The
Category of al Bayan in the Qur'an by means of which meaning is
clarified by context.
·
The
Category of al Bayan, the wording of which indicates the Implicit al
Batin meaning rather than the Explicit al Zahir.
· Revealed as General but which the Sunnah specifically indicates is meant to be Particular.
He explained the validity of the Sunnah as evidence and its status in the religion. For this reason, he included the following chapters:
àHe affirmed those parts of the Sunnah of the Prophet, which were dealt with and were related to the Qur'an. He said: “I shall explain what I have already said about the Sunnah, (whether) it particularizes the Qur'an or provides additional legislation for matters not mentioned therein; and this will illustrate what I have discussed above, Allah willing. I shall first speak of the Sunnah based on the Book of Allah, by dealing, by
1) means of deductive reasoning, with the
subject of the Sunnah in regard to the
2) abrogating al Nasikh and
3) abrogated al Mansukh passages of the Qur'an. Thereafter, I shall mention
the
4) Fard-duties specified (in the Qur'an) and
5) the Sunnah in regard to them;
6) the Fard-duties revealed in General terms which the
Prophet (PBUH) made Particular through his specifying details
relating to how and when;
7) the General texts that were intended to be
understood as General, and the
8) General texts that were intended to be
understood as Particular; and, finally
9) the Sunnah of the Prophet (PBUH) for which there
is no textual authority from the Book of Allah.”
Chapter: “The Origin of the Abrogating and the Abrogated”
Then he writes of the Abrogating and the Abrogated that are indicated by the Sunnah and al Ijma':
àNext chapter he discussed defects in Hadith, & explained that the contradictions between Hadith could be attributed to many reasons. Reasons:
1- For example, a contradiction might appear because one Hadith was abrogated by another, or
2- Because mistakes occurred in the narration of the Hadith.
· Explained reasons for mistakes & contradictions. He dealt with the various types of prohibitions, and explained that some Hadith clarify others.
àChapter on knowledge:
1) That sort of common knowledge, which no sane, mature adult could possibly not know about. All of this knowledge is found in the Qur'an, and every Muslim knows all about it because it has been transmitted down from the Prophet (PBUH) to each succeeding generation. No dispute concerning the authenticity of this knowledge, and all are agreed that it is binding. Indeed, the nature of this knowledge is such that there can be no mistakes in its transmission or interpretation.
2) Knowledge of the details, which stem from the obligations, and the specific laws relating to them. Not mentioned in the Qur'an, and most are not mentioned in the Sunnah, apart from single-individual narrations, Ahad.
Following Chapters:
à The type that are prohibited and the type that are not.
à Disagreements which are not allowed are those concerning matters for which Allah has provided clear evidence in the texts of the Qur'an or Sunnah.
àDisagreements which are permitted pertain to matters which could be interpreted in several ways and to which each scholar applies his own reasoning.
Gave examples of issues on which the Sahabah had disagreed, such as 'Iddah, oaths and inheritance
Risalah: Concludes- “categories of evidence”:
"We base our judgements primarily on the Qur'an and the agreed-upon Sunnah concerning which there is no dispute, and say: 'This is our judgement after studying both the explicit and the implicit meanings of the texts.' Then, if we have to refer to the Sunnah that is narrated by only a few persons and concerning which there is no agreement, we say: 'We accept the Hadith as it is, but are aware that there could be some hidden fault in its narrators.' Then we will refer to at Ijma' then to al Qiyas. Al Qiyas is weaker than at Ijma' and it is used only when necessary because it is not lawful to use al Qiyas when there is a narration concerning the matter being dealt with."
1) Al Ijma': Disagreements on its validity as evidence; the different types of al Ijma'; whose Ijma' may be accepted as evidence; matters m which al Ijma' may be considered as evidence; and how the public may be made aware that there is Ijma' on any particular matter.
2) Al Qiyas and al Istihsan: There were disputes concerning the meaning of these terms, their nature, validity as evidence, the possibility and method of using them, and whether the actions of the Sahabah could be considered Qiyas or Istihsan.
3) There was also open disagreement concerning the significance of the Qur'anic command and prohibition, their meanings and their impact on the rest of the legal, Fiqh judgements. In this period, the 4 Sunni Imams did not use strictly defined terminology such as al Tahrim "Prohibition", al Ijab "obligation", etc., as these words were not commonly used in their vocabulary. Rather, this kind of legal terminology appeared later on, as Ibn Qayyim has stated.
4) Other sources of Islamic jurisprudence concerning which there are differences were not commonly discussed at the time of the early jurists. For example, such terms as al 'Urf, al 'Adah, and al Istishab were not part of their vocabulary.
Usul Al Fiqh Al Islami
Source Methodology in Islamic Jurisprudence:
- Right after Risalah’s appearance, it dominated the studies in Islamic Jurisprudence.
2 groups divided:
1) Majority of Ahl al Hadith, accepted it & used it in support of Shafi’I school of thought.
2) Rejected & refuted his works where it contradicted their own methods & practice.
o Al Sunnah: Imam Ahmad ibn Hanbal(d 233 AH) wrote. It is more a book on Tawhid & basic Islamic beliefs “Aqa’id” than of jurisprudence.
o Ta’at al Rasul, “Obedience to the Messenger”: Imam Ahmad wrote and Ibn Qayyim frequently quoted from it in his book: I’lam al Muwaqqin.
Also, during this period, the ‘Ulama who accepted the school of thought of Abu Hanifah devoted their attention to study of Shafi’i’s Risalah, in order to refute what they disagreed with, & to derive their own source-methodology & principles of jurisprudence from case law Fatawa of al Imam Abu Hanifah. And many other books were written in this period (after Imam Shafi’i’s) & copies kept in different libraries & cities.
Later, the adherents of Shafi’i’s school of legal thought produced many works and commentaries as well to his Risalah.
Certainly all that is mentioned above does not show any developments but more on criticizing, supporting or commenting on the Risalah and nothing further than that.
à Complete it by reading the book…
àBook ends at Chapter 6.
5 If you wish to know the truth about what we have stated, then summarize the teachings of Ibrahim and his cohorts as recorded in the following works: Al Athar "Traditions" by Muhammad al Shaybani, the Jami' "The Compendium" of Abd al Razzaq and the Musannaf "Compilation' of Ibn Abu Shaybah, and compare them with Abu Hanifah's formal opinions. Indeed, you will find that Abu Hanifah departs only rarely from their way, and even then his opinion will not differ from the opinions of the jurists of Kufah.”
6 What the author is saying here is that, these were methodological tools unknown to the Sahabah, yet widely applied and employed by these two Imams.
7 As each sect strove to outdo the other, and gain converts from mainstream Islam, they took to distorting the meanings of the Prophet's words as recorded in the Hadith, and to manufacturing, and then ascribing to the Prophet, words and meanings designed to suit their own purposes.
[1] A Hadith with a break at any place in the chain of its narrators is called Munqati'. As it may not, therefore, he established with certainty that the Hadith was passed on from an earlier generation, and thus not from the Prophet, upon whom be peace, such a Hadith was rejected by all the later Fuqaha'