Historical Development of Islamic

Jurisprudence

‫ أنور رجامودا‬.‫د‬
Anwar M. Radiamoda, ShL, PhD
Mindanao State University, Marawi City, Philippines
radiamodaa@yahoo.com
+639065542987
Overview

Fiqh is Islamic jurisprudence that interprets and applies Shari’ah (Islamic law) to daily
life. It includes legal rulings from primary sources like the Qur’an and Sunnah, and secondary
sources such as consensus (ijma) and analogy (qiyas). Fiqh covers various topics, including
worship, ethics, and social issues, and is divided into different schools of thought (madhabs) with
unique interpretations.

Usul al-Fiqh studies the principles and methods for deriving legal rulings in Islamic
jurisprudence. It examines sources of Islamic law - Quran, Sunnah, ijma, and qiyas - and the
rules for interpreting them. Usul al-Fiqh provides a framework for legal reasoning (ijtihad) to
ensure consistent rulings aligned with Islamic teachings.

Islamic Law (Shari’ah) serves as the moral and legal framework for Muslims, governing
all aspects of life from personal conduct to social norms. Its goal is to promote justice, welfare,
and ethical behavior based on divine guidance. Islamic law is adaptable, allowing for
interpretation through fiqh and usul al-fiqh to address modern issues while staying true to core
Islamic principles.
SOURCES OF SHARI’AH (ISLAMIC LAW) AGREED UPON BY THE ULAMA

1. The Holy Qur’an

2. The Sunnah of the Prophet Muhammad (peace be on him)
3. The Ijmaa’ (consensus)
4. The Qiyas (analogy)

SOURCES OF SHARI’AH DURING THE TIME OF THE PROPHET (SAW)

1) The Qur’an
2) The Sunnah
3) Ijtihad
Fiqh

• Fiqh (Islamic jurisprudence), is the body of law’s

interpretation that governs the behavior of Muslims based
on the Qur’an and the Sunnah (the teachings and practices
of the Prophet Muhammad).
• It involves the interpretation and application of Shari’ah
(Islamic law) to various aspects of life, including personal
conduct, ethics, and community relations.
• Fiqh encompasses various schools of thought, each with its
own methodologies for deriving legal rulings, and aims to
address contemporary issues while maintaining adherence
to Islamic principles.
• Usul al-fiqh

Usul al-fiqh refers to the foundational principles and methodologies used in Islamic
jurisprudence to derive legal rulings. Key components include:

1) Qur’an: The primary source of Islamic law, providing direct guidance and
commandments.
2) Sunnah: The teachings and practices of the Prophet Muhammad, which complement
and clarify Quranic directives.
3) Ijma (Consensus): The agreement of scholars on a specific legal issue, reflecting
collective reasoning and understanding.
4) Qiyas (Analogy): A method that involves drawing parallels between similar cases to
apply existing rulings to new situations.
5) Maslahah (Public Interest): The consideration of community welfare in legal
decision-making, allowing for flexibility and adaptation to contemporary needs.

These methods guide scholars in interpreting Islamic law while addressing diverse
societal issues.
The Philosophy and General Theory of Islamic Law

The philosophy and general theory of Islamic law (Sharia) outline the key
principles, values, and objectives of legal thought in Islam. Important aspects
include:

1) Sources of Law: Primarily derived from the Quran and Sunnah, with
secondary sources like consensus (ijma) and analogy (qiyas).
2) Objectives (Maqasid al-Sharia): Aims to protect faith, life, intellect, lineage,
and property, promoting justice and social welfare.
3) Legal Reasoning (Ijtihad): Scholars use independent reasoning to interpret
texts and adapt to new issues, ensuring relevance while adhering to core
principles.
4) Ethics and Morality: Emphasizes ethical conduct and moral values to guide
personal and societal behavior in accordance with Islamic teachings.
Jurisprudence during the Tim of the Prophets (peace be upon him)

During the time of the Prophet Muhammad, there was a form of

jurisprudence where he served as both a religious and legal authority. Key
features included:

1) Direct Revelation: Legal rulings came from the Qur’an, addressing

various issues.
2) Sunnah: The Prophet’s practices and sayings guided legal matters and
established patterns.
3) Judicial Role: He resolved disputes by interpreting Islamic principles.
4) Community Engagement: The Prophet promoted discussion among
companions on legal issues, fostering a shared understanding of Islamic
law.
The Sahabah who gave Fatawa in the Prophet's lifetime were:

1) Abu Bakr,
2) 'Uthmtan,
3) 'Ali,
4) 'Abd al Rahman ibn 'Awf,
5) Abd Allah ibn Mas'ud,
6) Ubay ibn Ka’b,
7) Mu'adh ibn Jabal,
8) Ammar ibn Yasir,
9) Hudhayfah ibn al Yaman,
10) Zayd ibn Thabit,
11) Abu al Darda,
12) Abu Musa al Ash'ari and
13) Salman al Farisi,
(may Allah be pleased with them).
Islamic Jurisprudence During the Khulafa ar-Rashidun

During the Khulafa ar-Rashidun (Rightly Guided Caliphs), Islamic

jurisprudence developed significantly. Key aspects included:

1) Qur’an and Sunnah: Caliphs based their rulings on the Qur’an and the
Prophet's teachings.
2) Judicial Authority: Each caliph served as a judge, often consulting the
Prophet's companions for guidance.
3) Consensus (Ijma): The practice of seeking scholarly consensus emerged
for collective legal decision-making.
4) Case Patterns and Precedents: Caliphs established legal rulings through
practical examples, creating precedents for future cases.
5) Flexibility: They adapted Islamic law to address new social and political
challenges.
6) Legal Thought Development: Scholars began articulating jurisprudential
principles, paving the way for formalized legal schools.
Explain the form of Schooling during the Khulafa Ar-Rashidun:

During the Khulafa ar-Rashidun (Rightly Guided Caliphs), formal schools

of Islamic jurisprudence had not yet fully developed. Key trends included:

1) Informal Practices: Legal rulings were primarily based on the Qur’an and
Sunnah, interpreted by the Prophet's companions.
2) Consensus: The practice of ijma (consensus) began to form, allowing
scholars to agree on legal matters.
3) Regional Variations: Different regions developed local interpretations
influenced by the companions' teachings.
4) Emergence of Legal Thought: Early discussions among companions set
the stage for the later establishment of schools like Hanafi, Maliki, Shafi'i,
and Hanbali.
Who are the Prevalent Fuqaha During the Shahabah

The Fuqaha (Islamic jurists) during the Sahabah (companions of the Prophet Muhammad)
were recognized for their expertise in Islamic law. Notable figures included:

1) Abu Bakr al-Siddiq: The first caliph, known for his wise judgment and knowledge of the
Quran and Sunnah.
2) Umar ibn al-Khattab: The second caliph, famous for his legal reforms.
3) Ali ibn Abi Talib: The fourth caliph, noted for his deep understanding of the Quran and
extensive rulings.
4) Uthman ibn Affan: The third caliph, involved in legal matters and the Quran's
compilation.
5) Abdullah ibn Abbas: A prominent scholar and cousin of the Prophet, with profound
knowledge of the Quran and Hadith.
6) Abdullah ibn Mas'ud: An early jurist in Medina, known for his legal understanding.

These Fuqaha were instrumental in interpreting Islamic law and shaping legal
principles during the early Muslim community, influencing later schools of thought in
jurisprudence.
• Some Sahabah gave more Fatawa than others. Those who gave the most
Fatawa were:

1) 'Aishah Umm al Mu'minin,

2) 'Umar ibn al Khattab
3) Abd Allah Ibn Umar,
4) 'Ali ibn Abi Talib,
5) Abd Allah ibn Abbas
6) Zayd ibn Thabit.

• The Fatawa given by any one of these six would fill a great volume. For
example, Abu Bakr Muhammad ibn Musa ibn Ya'qub ibn al Khalifah Al
Ma'mun collected the Fatawa of Ibn Abbas in twenty volumes.
Important notes in the sources of Islamic law

• The basis of the deductive Fiqh principles, Ijmaa’ and

Qiyas (Ijtihad), was arranged during the time of the
Righteous Caliphs.

• There was some difference of approach among the

Sahabah in the matter of the use of personal opinion,
this difference did not in fact result in any factionalism
during the period under review.
Fiqh (Islamic jurisprudence) and Ushul al-Fiqh (principles of jurisprudence)
During the Umayyad Caliphate

During the Umayyad Caliphate (661–750 CE), the development of Fiqh

(Islamic jurisprudence) and Ushul al-Fiqh (principles of jurisprudence) saw
significant evolution, influenced by the rapid expansion of the Islamic empire and
the diverse cultures it encompassed.

1)Fiqh Development
2)Ushul al-Fiqh
3)Political and Cultural Context

Overall, this era laid the groundwork for the rich tradition of Islamic
jurisprudence that would develop further in the Abbasid period, fostering a more
comprehensive and systematic approach to Fiqh and its underlying principles.
(1) Fiqh Development:

• As Islamic rule spread, there was a growing need to address various legal
and social issues arising from different contexts and communities.

• Scholars began to compile legal opinions (fatwas) and rulings to guide

daily life, leading to the establishment of schools of thought, such as those
of Abu Hanifa, Malik ibn Anas, and others.

• This period marked a shift from direct reliance on the Qur’an and Hadith to
a more systematic approach to legal reasoning, accommodating varying
interpretations.
(2) Ushul al-Fiqh

 The principles of jurisprudence began to take shape as

scholars sought to formalize the methods used to derive
legal rulings.

 Discussions focused on sources of law, including the

Qur’an, Sunnah (practices of the Prophet), consensus
(ijma), and analogical reasoning (qiyas).

 Scholars like Al-Zuhri laid foundational ideas that would

later be expanded by later thinkers.
(3) Political and Cultural Context

• The Umayyad period's political dynamics, including the

centralization of authority and the administration of diverse
populations, necessitated a more structured legal framework.

• The Umayyad caliphs supported scholarship, which led to the

establishment of legal institutions and the role of jurists as key
figures in governance.
The Famous Jurists (Fuqaha) during the Time of Dawlah Umayyah

During the Umayyad Caliphate (661–750 CE), several influential jurists

significantly shaped Islamic jurisprudence (Fiqh). Key figures included:

1) Zuhri (d. 742 CE): An important early scholar known for his contributions to
Hadith and Fiqh, instrumental in transmitting prophetic traditions.
2) Sufyan al-Thawri (d. 778 CE): Celebrated for his piety and scholarship, he
helped establish foundational theological and legal thought.
3) Malik ibn Anas (d. 795 CE): Although he gained prominence later, his
seminal work, the "Muwatta," began during this period, focusing on the
practices of Medina as a legal source.
4) Abu Hanifa (d. 767 CE): Founder of the Hanafi school, he played a vital role
in developing legal reasoning and independent legal opinions.
Important notes in the Compilation of Fiqh

 The first attempts at compilation of Fiqh were made during the

period of the Umayyads.

 The scholars of Fiqh during this period followed two main

trends in making their rulings: that of Ahl al-Hadeeth (the people
of Hadeeth) and that of Ahl ar-Ra’i (the people of Opinion).

 Therefore, the dispersion of the scholars there was a marked

increase in their individual Ijtihaads. The overall result was the
evolution of a number of new Madh-habs.
Factors Affecting Fiqh during Umayyad Caliph

In the history of Fiqh and the evolution of Madh-habs, this period is one of
extremely great significance. In view of this, the relevant political, social and
religious aspects merit the fuller treatment which follows.

1) Division of the Ummah

2) Deviancy and abnormality of the Umayyad Caliphs
3) Scattering of the ‘Ulama
4) Fabrication of Hadith
Characteristics of Fiqh in the Umayyad Period

Scholars and students in the Islamic Empire during this period tended to
divide into two major groups. One group of scholars leaned towards limiting
their deductions to available texts, while the other group favored the
extensive use of deductive reasoning and Ijtihaad.

Reasons for Differences

• The Different approaches of the Ahl al-Hadeeth and Ahl ar-Ra’ie

(Reasoning People)
The development of Fiqh and Ushul Fiqh during the time of Dawlah Abbasiyyah

During the Abbasid Caliphate (750–1258 CE), Fiqh (Islamic jurisprudence) and Ushul
al-Fiqh (principles of jurisprudence) saw significant development, marking a vital era in Islamic
legal thought.

1) Fiqh Development: The Abbasids fostered scholarship and established influential legal
schools. Scholars like Al-Shafi‘i and Ahmad ibn Hanbal introduced distinct methodologies.
Texts like Al-Shafi‘i’s "Al-Risala" emphasized systematic reasoning and the importance of
consensus.
2) Ushul al-Fiqh: This period refined Ushul al-Fiqh, with scholars outlining clear methods for
deriving legal rulings. They discussed key sources of law - Quran, Sunnah, ijma, and qiyas -
further solidifying foundational principles for legal reasoning.
3) Cultural and Political Influence: The multicultural Abbasid era, especially in Baghdad,
supported a vibrant intellectual climate. Institutions like the House of Wisdom promoted the
translation and study of various sciences, necessitating adaptable legal frameworks for the
diverse population.

Overall, the Abbasid period was essential in organizing Islamic jurisprudence and
establishing methodologies that would influence legal thought for centuries.
The Famous Jurists (Fuqaha) during the Time of Dawlah Abbasiyyah

During the Abbasid Caliphate (750–1258 CE), several key jurists (fuqaha) significantly
influenced Islamic jurisprudence (Fiqh). Notable figures include:

1) Malik ibn Anas (d. 795 CE): Founder of the Maliki school, he prioritized the practices of
Medina in his foundational work, "Al-Muwatta."
2) Abu Hanifa (d. 767 CE): Though he predated the Abbasids, his Hanafi school
emphasized reasoning and individual opinions.
3) Al-Shafi‘i (d. 820 CE): Founder of the Shafi‘i school, he introduced a systematic
jurisprudential approach in his work, "Al-Risala."
4) Ahmad ibn Hanbal (d. 855 CE): The Hanbali school founder, he stressed strict
adherence to the Quran and Sunnah, with his "Musnad" being a key Hadith collection.
5) Al-Awzai (d. 774 CE): An early Abbasid jurist who contributed significantly to
jurisprudence in Syria and the Levant.

These scholars established essential methodologies and principles that shaped

Islamic law for future.
1) Imam Abu Haneefah (703-767CE),
He is Abu Haneefah Nu’maan ibn Thaabit. He was born in the year 702 CE. Kufah, (Iraq). His father
was a silk merchant of Persian origin, who accepted Islam during the reign of the Khulafaa Raashidoon
(Righteous Caliphs). The formation of this madh-hab, Abu Haneefah’s teaching method is on the principle of
Shurah (group discussion). He would present a legal problem to his students for debate and discussion and
tell them to record its solution whenever they arrived at a unified position. The Sources of Law used by the
Hanafee Madh-hab:

1. The Qur’an;
2. The Sunnah;
3. Ijmaa’ of the Shahaaba;
4. Individual Opinions of the Sahaabah;
5. Qiyaas (Analogical Deduction);
6. Istihsaan (Preference);
7. ‘Urf (Custom).
2) Imam Malik (717-801 CE),

He is Maalik ibn Anas ibn ‘Aamir, was born in Madeenah in the year 717 CE. His grandfather, ‘Aamir,
was among the major Sahaabah of Madeenah. Maalik studied Hadeeth under Az-Zuhree who was the
greatest Hadeeth scholar of his time. The formation of this Madh-hab, or Imaam Maalik’s method of teaching
was based on the narration of Hadeeths and the discussion of their meanings in the context of problems of
that day. He would either narrate to his students Hadeeths and Athars (statements of the Sahaabah) on
various topics of Islamic law then discuss their implications. The Sources of Law Used by the Maalikee
Madh-hab:
1.The Qur’an;

2.The Sunnah;

3.‘Amal (practices) of the Madeenites;

4.Ijmaa’ of the Sahaabah;

5.Individual Opinion of the Sahaabah;

6.Qiyaas (Analogical Deduction);

7.Customs of the Madeenites;

8.Istislaah (Welfare);

9.‘Urf (Custom).
3) Imam Ash-Shaafi’ie (769-820 CE);
He is Muhammad ibn Idrees As-Shaafi’ee. He was born in the town Ghazzah on the Mediterranean coast
of what was then known as Shaam in the year 796 CE, but travelled to Madeenah in his youth to study Fiqh
and Hadeeth under Imaam Maalik. He succeeded in memorizing the whole of Maalik’s book, al-Muwatta’, and
recited it to him from memory, word perfect. The formation this madh-hab, Imaam ash-Shaafi’ie combined the
Fiqh of Hijaaz (Maalikie thought) with that of Iraq, (Hanafie thought) and created a new Madh-hab which he
dictated to his students in the form of a book called al-Hujjah (The Evidence). Imam ash-Shafi’ie holds the
distinction of being the first Imam to systematize the fundamental principles of Fiqh which he recorded in his
book called ar-Risaalah. The Sources of Law Used by the Shaafi’ie Madh-hab:
1. The Qur’an;
2. The Sunnah;
3. Ijmaa’ of the Shahaaba;
4. Individual Opinions of the Sahaabah;
5. Qiyaas (Analogical Deduction);
6. Istis-haab (Linking)
4) Imam Ahmad (778-855 CE),
He is Ahmad ibn Hambal As-Shaybaanee, who was born in Baghdad in the year 778 CE. He became
one of the greatest memorizers and narrators of Hadeeth of his time. Concentrating on the study of Hadeeth,
Ahmad studied Fiqh and Hadeeth science under Imam Abu Yosuf, the famous student of Abu Haneefah, as
well as under Imam As-Shaafi’ee himself. Imaam Ahmad’s greatest concern was the collection, narration, and
interpretation of Hadeeth. His teaching method consisted of dictating Hadeeths from his vast collection known
as al-Musnad, which contained over 30,000 Hadeeths, as well as the various opinions of the Sahaabah
concerning their interpretation. He would then apply the Hadeeths or rulings to various existing problems. The
Sources of Law Used by the Hambalee Madh-hab:

1. The Qur’an;
2. The Sunnah;
3. Ijmaa’ of the Shahaaba;
4. Individual Opinions of the Sahaabah;
5. Hadeeth Da’eef (Weak Hadeeth);
6. Qiyaas (Analogical Deduction).
Transmission of the Qur'anic Revelation

 Understanding Jam' al-Qur'an

The term jam' al-qur'an generally means "bringing together the Qur'an,"
which can be understood in two ways both orally and in written form.

 Memorization and Oral Transmission

1) Memorization by the Prophet: The Prophet memorized the revelations.

2) Memorization by the Companions: His companions also memorized
the Qur'an.

Additionally, the Prophet sent teachers to various communities to instruct

them in Islam and the Qur'an, as demonstrated by Mus'ab bin 'Umair's efforts
even before the hijra.
BEGINNING OF THE REVELATION

The revelation of the Qur'an commenced on

Laila al-Qadr during Ramadan (specifically the 27th
night or one of the odd nights after the 21st) when
the Prophet Muhammad was around forty years
old, approximately in the year 610. This occurred
while he was in seclusion in the cave of Hira',
located on a mountain near Makkah.
The Qur'an was revealed over 23 years in stages rather than
all at once for several key reasons:

1) To continuously strengthen the Prophet's heart by providing

guidance as needed.
2) To consider the Prophet's experience, as receiving revelation
was challenging for him.
3) To gradually implement Allah's laws.
4) To facilitate understanding, application, and memorization for
the believers.
Means of Revelation

1) Inspiration: This includes guidance received in

dreams, such as Ibrahim being instructed in a
vision to sacrifice his son.
2) Hidden Speech: An example is when Allah
spoke to Musa from the fire.
3) Words Delivered by a Messenger: This refers
to messages sent by Allah through a special
messenger, like the Angel Jibril, who revealed
His message to Muhammad (peace be upon
him).
General Content of the Qur’an

1) The Makkan Period (609-622 CE)

 Allah’s Unity (Tawhid)

 The next life
 Salaah (Formal Prayer)
 Challenges

2) The Madinan Period (622-632 CE)

 Laws
 Jihad
 People of the Book
 The Munaafiqun (Hypocrites)
The collection of the Qur'an occurred in several key stages

1) During the Prophet Muhammad's Time: The Qur'an was primarily memorized by his followers
and written on various materials, such as parchment and bones. However, it was not compiled
into a single, cohesive text.
2) During Abu Bakr's Caliphate: Following the Prophet's death, Abu Bakr ordered the
compilation of the Qur'an into one book. This was prompted by the deaths of several
memorizers in battle, highlighting the need to preserve the text. Zayd ibn Thabit was tasked with
gathering the verses from different written sources and from those who had memorized them.
3) During 'Uthman's Caliphate: As Islam expanded, variations in recitation emerged. 'Uthman
commissioned a standardized version of the Qur'an to ensure uniformity across the growing
Muslim community. He ordered copies of this version to be distributed and instructed that all
other versions be burned.

Overall, while the Qur'an existed in written form during the Prophet's time, it was the efforts
of Abu Bakr and 'Uthman that led to its compilation and standardization.
Characteristic of the last compilation of Qur’an during the time
of Uthman

The compilation of the Qur'an during 'Uthman's time was prompted

by several key events:

1) Disagreements arose among Muslims regarding the correct recitation

of the Qur'an.
2) 'Uthman borrowed the Suhuf (scrolls) kept with Hafsa.
3) He instructed four Companions, including Zaid bin Thabit, to produce
accurate copies.
4) These copies were then distributed to major Muslim centers to replace
existing materials.
There are several reasons why the Prophet did not leave a
complete book:

1) Revelation occurred gradually, not all at once, continuing until the

end of his life.
2) Some verses were abrogated, requiring flexibility in
interpretation.
3) The verses and chapters were not always revealed in their final
order and were arranged later.
4) The Prophet lived only nine days after the last revelation and
was ill during that time.
5) There were no disputes about the Qur'an while the Prophet was
alive, as he was the final authority.
The Sunnah: Its Authority and Status in Islam

• The Sunnah of the Prophet (peace be upon him) is the second source of
legislation in Islam after the Qur’an. Proof of this is found in the Qur’an, in
Surah Haqqah.

• Allah the Almighty said:

، ‫ وما ينطق عن الهوى‬، ‫ما ضل صاحبكم وما غوى‬

‫إن هو إال وحي يوحي‬

“Your companion (Muhammad ) has neither gone astray nor has erred. Nor
does He speak of (his own) desire. It is only an Inspiration that is inspired.
(Surah Haqqah)
The compilation of the Sunnah

The compilation of the Sunnah (the practices and sayings) of Prophet Muhammad took
place after his death and involved several key stages:

1) Oral Transmission: Initially, the Sunnah was shared orally among the Prophet's
companions, many of whom memorized his sayings and actions.
2) Early Written Records: Some companions began writing down the Sunnah during the
Prophet's lifetime, though these records were not organized or comprehensive.
3) Systematic Compilation: After his death, particularly during the Umayyad and Abbasid
periods, scholars systematically collected Hadith. Key figures like Imam Bukhari and Imam
Muslim traveled to gather authentic traditions and assess their reliability.
4) Establishment of Criteria: Scholars developed strict criteria to evaluate Hadith authenticity,
categorizing them as sahih (authentic), hasan (good), or da'if (weak).
5) Major Collections: Notable compilations, such as Sahih Bukhari and Sahih Muslim, are
highly regarded in the Muslim community for their authenticity and thoroughness.

Overall, the compilation of the Sunnah was essential for preserving Islamic teachings and
establishing a framework for Islamic law and ethics.
Reasons for the Variety in Hadith Narration:

1) The Prophet (peace be upon him) may have expressed the

same message differently on various occasions, in different
locations, or at different times.
2) Hadith can be narrated in meaning rather than exact
wording, allowing for permissible variations in phrasing.
3) A companion might not have been present for the entire
event and may have narrated only a portion of it.
4) Errors can occur due to mistakes made by those reporting
the hadith.
Sunnah and Its Relation to the Qur'an

The relationship between Sunnah and the Qur'an can be

categorized into three types:

1) Confirming Sunnah: This type reinforces what is stated in the

Qur'an, such as hadith about usury and interest.
2) Explanatory Sunnah: This provides clarification on Qur'anic
verses, such as those related to ablution and prayer.
3) Sunnah that Introduces New Legislation: This type presents
new laws not mentioned in the Qur'an, like the prohibition of
eating donkey, which is found in the Sunnah rather than the
Qur'an.
Seven 7 most prevalent hadith reporters in the 6 hadith books

1) Abu Hurayrah (5,374 hadith)

2) Abdullah ibn ‘Umar (2,630 hadith)
3) Anas ibn Malik (2,286 hadith)
4) Aisha bint abi bakr (2,210 hadith)
5) Abdullah ibn Abbas (1,660 hadith)
6) Jabir ibn Abdillah (1,540 hadith)
7) Abu Sa’id al-khudri (1,160 hadith
The Three Most Authentic Books of Hadith:

1. Sahih Bukhari
2. Sahih Muslim
3. Muwatta Imam Malik

The 4 famous sunan works

We know that after the Quran, Bukhari is the most authentic book in
existence. This is followed by Muslim. As for the 4 sunan works, there is
no particular order to which is greater than the other.

1) An-Nasai
2) At-Tirmidhi
3) Abu Dawud
4) Ibn Majah
Isra-iliyaat Narration and Its Categories
Israeliyyat refers to narrations or traditions derived from Jewish sources,
often relating to stories or teachings within Islamic contexts. These narrations
cover topics like the histories of previous prophets and biblical events.

In Islamic scholarship, Israeliyyat is categorized as follows:

1) Supporting Narrations: Align with Islamic teachings and can be

accepted.
2) Contradicting Narrations: Conflict with the Qur'an or Sunnah and should
be rejected.
3) Neutral Narrations: Not found in Islamic texts, leaving their truth
uncertain.

While Israeliyyat offers insights into the intersection of Jewish and Islamic
thought, scholars approach these narrations carefully to ensure they conform to
Islamic principles.
Example of Israeliyyat Narration:

In Islamic jurisprudence, Israeliyyat narrations are occasionally

referenced, especially when exploring the historical context of previous
prophets. Examples include:

1) The Story of the Creation of Adam: Some Israeliyyat elaborates

on Adam's creation and Iblis's refusal to bow, adding details to the
Qur'anic account, though their authenticity is assessed carefully.
2) Prohibitions on Certain Foods: Some narrations address dietary
laws, referencing Jewish restrictions and their relation to Islamic
laws.

These instances show how Israeliyyat can enhance Islamic

discussions, but scholars remain cautious to ensure they align with
established Islamic principles.
Rules of Hadith Da’if as a Dalil

A da’if hadith is considered inauthentic and should not be

practiced or used as a source for Shari’ah legislation.

It is only permissible to narrate a da’if hadith if you inform your

audience of its status. Scholars agree on two key points regarding
weak hadith:

1) A weak hadith related to aqidah (belief) cannot be used.

2) A weak hadith establishing an act of worship is also not
permissible
Feature of Hadith Da’if

Hadith become da’if (weak) and thus unacceptable for

several key reasons:

1) Defect in the Isnād: Issues in the chain of narration.

2) Flaw in the Narrator: Problems related to the reliability of
the narrator.
3) Contradictions: Conflicts with other hadith or narrators.
4) Other Defects: Additional issues that affect authenticity.
Fabricated Hadith

A mawdu’ hadith is a fabricated statement falsely attributed to the

Prophet Muhammad. It is entirely made up and should not be regarded as
a genuine hadith.

Motives for Fabrication:

1) Belief in achieving positive outcomes

2) Supporting a particular school of thought (madhab)
3) Attacking Islam
4) Gaining favor with rulers
5) Earning a livelihood
6) Seeking prestige and respect
Conditions for Narrating Hadith by Meaning

1) Understanding the Intended Meaning: The narrator must grasp

the meaning intended in the original source.

2) Permissible in Necessity: It is allowed only in situations of

necessity, such as translating for better understanding or providing
clarification.

3) Not Fixed Phrases: The narration should not involve fixed

phrases used in acts of worship.
Method of Legislation during the Era of Prophet Muhammad (pbuh)

1) Direct Answers to Questions: Many Qur'anic verses provide clear

responses to inquiries, such as the verse on menses: “They ask you about
menses. Say, it is harm, so stay away from sexual relations with women
during their menses.”
2) Response to Specific Incidents: Legislation sometimes arose from
particular events, like the case of Hilal ibn Umayyah, who accused his wife
of adultery, leading to rules about oaths and penalties.
3) Pronouncements During Incidents: The Prophet addressed issues as
they arose, such as when companions lacked fresh water for ablution while
at sea, leading him to declare that seawater is pure and its dead creatures
are permissible to eat.
4) Gradual Legislation: Laws were enacted progressively, such as the
prohibition of Kham.
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