HADITH AS THE SECOND PRIMARY SOURCE OF ISLAMIC LAW

The Shari'ah (Islamic Law)
The term Shari'ah is derived from the Arabic root verb shara'a which means to become apparent, manifest or plain. Literally, the term Shari'ah means 'the way to a watering place'. Technically, it stands for the commandments of Allah which deal with al-Halaal (the permissible) and al-Haraam (the prohibited). These injunctions were revealed to the Prophet Muhammad (s.a.w.s.). The Holy Qur'an, in several verses, exhorts Muslims to uphold the law of Allah in their daily lives. This is so because within the Islamic system, the Sovereign is Almighty Allah Himself.

The Holy Qur'an and Hadith/Sunnah are the primary sources of the Shari'ah. The former being the verbatim word of Allah and the other being its elucidation in the form of Sunnah of the Prophet (s.a.w.s.).

The Holy Qur'an
The Holy Qur'an is the Book of Allah which contains the instructions and guidance revealed by Allah for the benefit of mankind. The ahkam (injunctions) of the Holy Qur'an constitute the code of conduct for Muslims from birth to death.

The Holy Qur'an was revealed to the Prophet Muhammad (s.a.w.s) over a period of 23 years. Most of the verses which embody rules of law came about to settle questions that actually arose for decision. Some other verses were revealed in order to censure the evil practices that prevailed in the society like infanticide, gambling, usury, unlimited polygamy, etc. These rules of law are found in certain chapters of the Holy Qur'an e.g. al-Baqarah, Al 'Imran, al-Nisaa', al- Ma'idah, Bani' Isra'il, al-Nur, and al-Talaq. Some of these rules are in detail while others are not. The Qur'dn states:

"And We have sent down unto you also the Message that you may explain clearly to man what is sent for them, and that they may give thought."

From this verse one gathers that the Prophet (s.a.w.s) is the only reliable medium through which the Will of Allah was made known to mankind. Thus, one of his duties was to interpret the Qur'anic injunctions.

The Hadith / Sunnah
The Qur'anic injunctions, as mentioned above, are further explained and translated into practice by the Prophet (s.a.w.s.) in the form of his Sunnah. Thus, the Sunnah constitutes another important source of the Shari'ah, second in authority only after the Holy Qur'an. That Muslims should accept the Hadith/Sunnah as a source of Islamic Law is advocated by the Holy Qur'an itself:

"Whatever the messenger gives you, take it; and whatever he forbids you from, abstain from that."

"Obey Allah and obey the Prophet and render not your actions in vain."

"Whoever obeys the Messenger, he indeed obeys Allah."

Likewise, the Prophet (s.a.w.s.) also emphasized the authoritative nature of his Sunnah. During the course of Khutbah al Wada'ah (Farewell Sermon) the Prophet (s.a.w.s) is reported to have said:
"I leave behind two things, if you hold fast unto them you shall never go astray: the Book of Allah and my Sunnah."

He also exhorted his Companions (ra.) to convey to others what they have heard from him saying:
"Haddithu 'an ni" (relate my saying to others)

Furthermore, he implored them to uphold his way of life saying:
'Alaykum bi sunnati' (follow my example)'.

The Holy Qur'an without the Hadith or Sunnah of the Prophet (s.a.w.s.) remains unintelligible in certain instances and in view of that, the Holy Qur'an has, in several verses, ordered Muslims to follow the Prophet (s.a.w.s.) in all his deeds and sayings. Therefore, if one believes in the Holy Qur'an, there is no other alternative but to uphold the Hadith of the Prophet (s.a.w.s.)

The Holy Qur'an makes it clear that it is not proper on the part of any Muslim to ignore or oppose the explanations given by the Prophet (s.a.w.s.) to the commandments of Allah as depleted in the following verse:
"And as for him, who opposes the Messenger after guidance has been made clear, follows a path other than that of a believer."

From the time of the Companions (ra.) to this day, there has always been consensus amongst Muslims that the Qur'anic revelation and the precepts of the Prophet (s.a.w.s.) constitute the primary sources of Islamic Law.

Generally the Holy Qur'an lays down the broad aspects of the Law and Shari'ah obligations which cannot be fulfilled without resorting to the Sunnah of the Prophet the Prophet (s.a.w.s.). For instance, the Holy Qur'an orders Muslims to 'establish Salah' but does not provide the details for its method nor its specific timings. The details are found in the Sunnah. Again, the Holy Qur'an allows one to bequeath a share from one's estate to any person and does not stipulate the maximum limit for such a bequest. The Prophet (s.a.w.s.) is the one who fixed its maximum limit at one third of one's estate only.

In other words then, the Prophet (s.a.w.s.) interpreted the verses of the Holy Qur'an and explained their meanings and implications to the Sahaabah (ra.) for practical application. In the process he (the Prophet) also made provisions for those aspects of the Law which were not specifically provided for in the Holy Qur'an. Likewise, all rules pertaining to sawm (Fasting), Hajj (annual Pilgrimage to Makkah) and Zakaat (compulsory charity) were laid down by the Prophet (s.a.w.s.).

It would be appropriate to point out here that in the Hadith literature there exist specific laws which have not been addressed by the Holy Qur'an. For example, the Prophet (s.a.w.s.) prohibited his followers from indulging in mut'ah (temporary marriage) at the time of the Battle of Khaybar. Likewise, the consuming of donkey meat and the meat of any carnivorous animal was declared by the Prophet (s.a.w.s.) to be Haram (forbidden), while no mention of such prohibition is expressed in the Qur'an. These are only two of many other examples which unequivocally establish the authoritative stance and position of the Hadith in matters of the Shariah.

It can therefore safely be said that the Hadith supplements the Holy Qur'an as a source of the Islamic laws. The importance of the Hadith in this domain can be realised fully when after the death of the Prophet (s.a.w.s.) every case that came for decision had to be referred to the Holy Qur'an or the Hadith. There are numerous cases on record in which judgment was given solely on the basis of the Hadith. For instance, Hadhrat Fatimah (ra.) (d. 11AH) the Prophet's (s.a.w.s.) daughter claimed that she was entitled to an inheritance from the Prophet (s.a.w.s.). Hadhrat Abu Bakr (ra.) (d. 21AH) ruled against her claim on the basis of the following Hadith:
"Our property cannot be inherited, and whatever we leave behind is to be spent in charity."

Many other instances of this nature came about for decisions and were mostly resolved on the strength of the Hadith of the Prophet (s.a.w.s.).

There is agreement amongst most Muslim scholars that the contents of the Hadith are from Allah. Hence they have described it as being the result of some form of inspiration and that is why Hadith is termed as al-wahy al-khafiy (hidden revelation). The contents of the Hadith are expressed through the Prophet's own words or actions, while in the case of the Holy Qur'an, the angel Jibrai'l ('alayhi al-salam) conveyed the exact wordings and contents of the divine revelation to the Prophet (s.a.w.s.).

Though the Hadith has complemented the teachings of the Holy Qur'an in many respects, they are in essence distinct from each other. Muslim scholars have dealt extensively with the differences that exist between the Holy Qur'an and the Hadith and some of these differences are enumerated hereunder:

1. Hadith is not necessarily the exact words spoken by the Prophet (s.a.w.s.), while the Holy Qur'an is the actual words of Allah.

2. The Hadith is not protected by Allah (SWT) from corruption while the Holy Qur'an is.

3. The Hadith from or about the Prophet (s.a.w.s.) is the word or action of a human being and not the speech of Allah (SWT) as is the case of the Holy Qur'an.

4. Every word of the Holy Qur'an is transmitted by tawatur (i.e. many people throughout the generations) while the same cannot be said of each and every Hadith.

Al-Hadith al-Nabawi' (the Prophet's Hadith) and al-Hadith al-Qudsi (the Sacred Hadith).

The Muhaddithun have further differentiated between two distinct types of Hadith which are termed as Al-Hadith al-Nabawi-and al-Hadith al-Qudsi. The former being restricted to the sayings of the Prophet (s.a.w.s.), while the latter pertains to the sayings of the Prophet through the medium of Divine inspiration. Al-Quds means holy or sacred. The sayings that are termed as al-Qudsi are such that while the Prophet (s.a.w.s.) was relating them to his Companions (r.a.), he mentioned that Allah, in effect, had communicated them to him. However, these communications do not form part of the Qur'an.

Such reports are included within the category of Al-Hadith al-Qudsi. An example of this type of Hadith is one which had been reported by Hadhrat Abu Hurayrah (ra.) in which it is mentioned that the Prophet (s.a.w.s.) said that Allah said:
"If My servant likes to meet Me, I will love to meet him "

While the common factor between al-Hadith al-Qudsi and the Qur'an is that both contain words from Allah (SWT) which were revealed to the Prophet (s.a.w.s.), they are nevertheless distinct from each other as pointed out hereunder:

1. The Holy Qur'an contains the verbatim words of Allah (SWT), while al-Hadith al-Qudsi contains the message of Allah (SWT) conveyed to the people by the Prophet (s.a.w.s.) in his own words.

2. The Holy Qur'an is inimitable and unique, but such is not the case with al-Hadith al-Qudsi. This is so because the latter is not the verbatim word of Allah (SWT).

3. The Holy Qur'an is recited in every Salaat but al-Hadith al-Qudsi cannot be recited in any Salaat.

In what has been discussed above, it is evident that the Prophet's (s.a.w.s.) explanations in the form of Hadith and Sunnah serve as a source of guidance for every Muslim in every age. This is so because Allah the Almighty (SWT) describes the Prophet (s.a.w.s.) as the expounder of the Holy Qur'an. Allah (SWT) also emphasizes the fact that every Muslim must obey the Prophet (S.a.w.S.).

The importance of the Hadith as as source of Islamic Law is recognised by the Muslim community. It is, as mentioned earlier, understood to be an exposition of the Holy Qur'an. Without the Hadith the science of Islamic Jurisprudence (al-Fiqh) could not have been evolved.

Chapter 1 ... Cont'd

Mishkat al-Masabih

Cont'd ... Chapter 3