PROPHETIC SUNNA IN THE ISLAMIC LEGAL FRAMEWORK

Author(s): S. Ali Raza Naqvi

Source: Islamic Studies, Vol. 19, No. 2 (Summer 1980), pp. 120-133
Published by: Islamic Research Institute, International Islamic University, Islamabad
Stable URL: https://www.jstor.org/stable/20847134
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 PROPHETIC SUNNA IN THE ISLAMIC LEGAL
FRAMEWORK
S. Ali Raza Naqvi

In the context of Islamic Law, the Prophet's sunna means the nor
mative practice or the model behaviour of the Prophet, (Peace be upon him).
In this sense it occupies a very important position. Only second to the
Qur'?n, it is not only considered as complementary to the Qur'?n, but also
as having a necessarily interpretative character vis-a-vis the Holy Book.
It not only expounds the meanings of the broad principls of law laid
down in the Qur'?n, but as far as possible, also makes up for the supple
mentary details of the law, wherever necessary. It further explains and
interprets a law briefly contained or alluded to in the Holy Book. This
particular nature of the Prophet's sunna enhances its importance in the
Islamic legal framework, as it serves as a model for the precise application
of the Qur'?nic fundamentals in a definite situation. It is, thus, treated as
exemplary and at the same time as an ideal by the Muslim community for
all times to come.

The Prophet's sunna may be al-Sunna al-Qawliya, or the Prophet's

traditions which have come down to us in the form of his statements and
sayings, or al-Sunna al-Fi'liyah, or the traditions dealing with the practice
of the Prophet (Peace be upon him) conveyed to us by an eye-witness,
and lastly al-Sunna al-Taqrlriyah, or the traditions regarding the acts of
others performed in the presence or with the knowledge of the Holy
Prophet, (Peace be upon him), where the Prophet is reported to have kept
silent, and therefore, they are interpreted to have been tacitly approved
by the Prophet.

It may be kept in mind that Sunna and Hadlth are not identical, tho
ugh they have sometimes been identified by some Muslim jurists. Hadlth,
in fact, is the carrier, vehicle or channel of narration of the Prophet's be
haviour, while, on the other hand, as already pointed out, Sunna represents

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121 s. ali raza naqvi

the model behaviour of the Prophet (Peace be upon him), as couched in or

transmitted through Ifadith. Thus Hadith is the source for documenta
tion or explanation of the Sunna.

According to the belief of the Muslim jurists, the authority for

Sunna as a source of law is orignally contained in the Qur'?n itself, which
in various ways enjoins upon the believers to follow the Prophet1 (peace
be upon him) and proclaims the Prophet's behaviour as a model or 'W
for the whole Muslim community.2

The Qur'an lays down the general principles of the Shari'a, but
does not mention its details. For example, it contains the guidelines for the
laws of inheritance, punishment, family affairs and 'Ib?d?t. The founda
tion and the spirit of these laws remain the same and do not change with
the change of time.

The Qur'?n contains general commandments with such an elasticity

that they can be applied to any time, place or circumstance. It has, thus
allowed freedom of action and judgement by the people for making neces
sary adjustments in these laws according to their time, place or circum
stances.

The secret of this brevity and conciseness lies in the fact that the
Islamic SharVa is of a perennial nature, and, therefore, the Qur'an
considered it sufficient to give the general principles of guidance
for the believers without mentioning the details. It is because with the
passage of time the details change and sometimes even become obsolete,
but the fundamentals remain unchanged.

Except in a few cases, the Qur'?n is not self-explanatory, and

mostly requires explanation and interpretation. Therefore the Prophet's
sunna is an essential appendix or supplement to the Qur'?n. The Qur'?n
refers *o this fact when it says:

'?>aA? [*&Jj jt-yi d>*u crUJJ ^ jTJ?l cCjl li^ly

(And we have revealed unto thee the Rememberance that thou mayst
explain to mankind that which has been revealed for them, and haply
they may reflect). (al-Naftl, XVI :44).

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 PROPHETIC SUNNA 122

- AUTHORITY OF SUNNA FROM QUR?N AND HADlTH

The Muslims believe that the Prophet (peace be upon him), never
said anything concerning the duties and obligations of the believers, nor
ever gave any judgement, except what he was ordered to do by All?h. It
is because Allah says in the Qur'?n:

"Nor doth he speak of (his own) desire. It is naught save a re

velation that is revealed". (al-Najm, LIII:3, 4).

In the Qur'?n Allah has, on many occasions, exhorted the believers

to obey the Prophet (Peace be upon him), and to do what he commandi
them to do and to abstain from what he forbids.

For instance, All?h says:

' ye who believe ! Obey Allah and obey the Prophet and render not
your actions vain", (al Muhammad XL VII.-33).

J_^U ?ie. Uj e^pti p53l Uj

"And whatsoever the Prophet giveth you,take it. And whatsoever
he forbiddeth, abstain (from it)", (al-fjashr, LIX:7).

Likewise, Allah has declared obedience to the Prophet (Peace be

upon him) similar to the obedience to Himself. So He says:

"Whoso obeyeth the Prophet, obeyeth All?h". (al-Nis?' IV:80).

Likewise, there is a report which says that the Prophet, (Peace be

upon him), asked Ma'?dh b. Jabal on the latter's appointment as Gover
nor of Yemen as to how he would decide a case brought before him, to
which Ma'?dh replied "According to the Book of Allah". "But if you
do'nt find it (in the Book of Allah"), asked the Prophet, (Peace be upon

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 123 S. ALI RAZA NAQVI

him). "Then," replied Ma'?dh, "according to the Sunna of the Pro

phet, of Allah". "But if you do not find (it even there), "asked the
Prophet", (Peace be upon him). "Then", "repliedMa'?d,h, "Ishall
exercise my own judgement".3

Ill ? PRACTICE OF THE FOUR CALIPHS:

There are several reports to the effect that the first four Caliphs have
followed the Sunna of the Prophet (Peace be upon him), particularly in
matters for which no clear orders were availble in the Qur'?n.

It has been reported by Ibn S?r?n (33-110 A.H.) that whenever a

matter was brought before Caliph Ab? Bakr, and he could not find an
order for it in the Book of Allah, nor any precedent in the Sunna of the
Prophet, (Peace be upon him), then he would exercise his own judgement
and would decide accordingly. (While doing so), he would also add that
it was his own opinion, so that if it was correct, he asked the blessing of
Allah.4
The same course was also followed by Ha?lrat 'Urnar. For ex
ample, in a letter addressed to Shurayb, the Judge, he commanded:

"If you find an order in the Book of Allah, then decide the cases
accordingly, and do not pay heed to anything else. If you come across
a case in which there is no order in the Book of Allah, then decide it accor
ding to the order found in Sunna of the Prophet, (Peace be upon him),
of Allah. If no order is found in the Book of Allah or in the Sunna of the
Prophet of Allah in the matter, then decide it according to what is agreed
upon by Ijm?'. If in a case, the Book of Allah and the Sunna of the
Prophet of Allah contain no order, nor, is there any judgement agreed upon,
then you may resort to your own judgement and decide the case accordingly,
or you may wait. In my opinion it would be preferable for you to wait."5

Hadrat 'Uthm?n also acted in the same manner. In his first public
address after the assumption of Caliphate he is reported to have said:

"Beware, I am a follower, not an Innovator. After the obedience to

Book of Allah and the Sunna of the Prophet, (Peace be upon him), I have
three obligations to you which I undertake to fulfil. Firstly, that I shall
follow the decision and course of the Caliphs preceding me adopted by thorn

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 PROPHETIC SUNNA 124
with your agreement and consensus. Secondly, that I shall follow what
ever is decided by the assembly and agreement of the virtuous persons.
Thirdly, that I shall abstain from any trespass againt you unless you are
held liable for any punishment according to the Law".6

Likewise, Ha?lrat 'Ali is also reported to have followed the Qur'?n

and Sunna of the Prophet (Peace be upon him), at the time of deciding
cases brought before him. For example, in an official farm?n (decree)
addressed to Qays b. Sa'd b. 'Ub?dah, sent to the people of Egypt through
him after the appointment of the latter as the Governor of Egypt, he is
reported to have written:

"Beware, we are under the obligation to follow the Book of Allah

and Sunna of His Prophet (Peace be upon him), in your case, and declare
you to be under the obligations according to the Book and Sunna, and to
carry out the Sunna of the Prophet (Peace be upon him) of Allah, and to
act for your welfare even in your state of ignorance."7

IV ? SCOPE OF APPLICATION OF THE PROPHET'S SUNNA:

The majority of the Muslims distinguish between the words and
deeds of the Prophet (Peace be upon him), as a Prophet and as a man.
They cite the following verse of the Qur'?n as an authority:

..ulj All j^JI Lil Jl ^jj r<0i, jL> Uf lsi J?

"Say: I am but a man like yourselves. It is revealed upon me that your

God is but one God". (al-Kahf, XVIII : 110).

Some of the words and deeds of the Prophet, (Peace be upon him),
are meant for the interpretation and explanation of the Muslim Law.
Therefore, they fall under the category of the source of law.

On the other hand, there are some acts and deeds of the Prophet,
(Peace be upon him), which are not meant for general application to
all the members of the community, such as those relating to his personal
life, which do not fall under the category of Muslim law and cannot, there
fore, be meant to be compulsorily followed and imitated by the Muslims
in general. These acts have been performed by the Prophet (Peace be
upon him), in the light of his knowledge and experience of the worldy life.

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 125
S. ALI RAZA NAQVI

Likewise, there are certain acts which relate to the exclusive pri
vileges of the Prophet himself, and therefore, they cannot serve as prece
dent for other Muslims. For example, the permission for marrying more
than four wives was as exclusive privilege of the Prophet, (Peace be upon
him), and other Muslims are not allowed to marry more than four wives
at a time.

There have been some sayings, acts and statements of the Prophet,
(Peace be upon him), which were of a general legislative nature, so that
they are binding on the Muslim community upto the Day of Judgement,
and no Muslim ruler or jurist is entitled to make any alteration, change or
amendment in it. They fall under the category of 'Ib?d?t (worship), pro
hibitions, permissions, beliefs and moral teachings. This category of the
Prophetic Sunna occupies a permanent position in the context of Islamic
legislation and its validity is of an eternal nature and shall go down upto
the Day of Judgement.

On the other hand, there have been some sayings acts, and statements
of the Prophet, (Peace be upon him), which were of a particular nature, as
they related to special circumstances or particular situations. They are,
therefore, not binding on all Muslims in all circumstances and all times.
They fall under the gamut of the general policies of government admi
nistration. They were not of a general legislative nature and therefore,
they are not to be followed except when a Muslim ruler considers action
according to them expedient and suitable in a particular situation or in
special circumstances.
y ? SOURCES OF THE PROPHET'S SUNNA :
The major sources of the Prophet's Sunna are the Qur'?n itself,
the various Had?th compilations and books on history and biography of
the Prophet, (Peace be upon him) and his Companions. Of all these
sources Hadith books are the most extensive source for the Prophet's
sunna, as they embody the detailed information about the acts and beha
viour of the Prophet, (Peace be upon him), on different matters and occa
sions. They are the best source for the Prophet's sayings and conduct
as well as his reaction in different situations. Therefore, they deserve more
elaborate discussion here.

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 PROPHETIC SUNNA 126
VI ? IMPORTANT HADiTH COLLECTIONS:
A number of collections of the Prophet's traditions were compiled
by his Companions and they were available even after the death of their
compilers. For example, we know of the Sahifahs of (Hadrat) 1 ,
J?bir b. 'Abdill?h, 'Abdullah b. 'Umar b. '?s, Ab? Hurayrah, Ab? M?s?
al-Ash'ar?, Ab? Dbar, and Hammam b. Munabbih, Musnads of Salman
Farsi and Ab? Dhar, and book of Ab? R?fi4.

An attempt was later made for the compilation of the Prophet's

traditions by 'Umar b. 'Abd al-'Aziz (59-101 A.H./678-719), the well
known Umayyid Caliph, for recording the Traditions.of the Prophet,
(Peace be upon him). Though the work of compilation of the Prophet's
Had?th was started at the behest of'Umar b. 'Abdul 'Aziz by Ab? Bakr
b. Hazm and later by Ab? Bakr Muhammad b. Muslim Zuhr? (50-124
A.H.), the first comprehensive book on the Prophet's Traditions which has
come down to us is al-Muwaft?' by Imam M?lik b. Anas (97-179 A.H.).

In the third century A.H., the most porminent Sunni compilations

of the Prophet's traditions appeared. They are known as the six authentic
books (Sih?h al-S?tta) and consist of two Sah?h books, and four Sunan
books. The two Sahih books were compiled by Ab? ' Abdill?h Muhammad
b. Isma'ii al-Bukh?r? (194-256 A.H.) and Abul Husayn Muslim b. al-Hajjaj
al-Qushayri (206-261 A.H). Of these two, the first, namely the Sah?h of al
Bukh?r?, is considered by most Sunnis as the most correct book after the
Qur'?n.8

The four Sunan books by the Sunni authors which have come down
to us were compiled by Ibn M?ja (d. 273 A.H.), Ab? Da'?d al-Sijist?n?
(d. 275 A.H.), Tirmidh? (d. 275 or 279 A.H.) and Nas?'? (d. 302 or 303
A.H.).
The earliest books on traditions by Sh?'a authors are reported to be
400 in number. The titles of these 400 Books have been mentioned by
Agh? Bozorg in his well known voluminous work, "Al-Dhar?a Il? Tas?nif
al-Sh?a".*
These books are known as "Four Hundred Afls" (Us?l-i-Arba'u
M?ah)." Agha Bozorg has given the following definition of the word

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 127 S. ALI RAZA NAQVI

"A$ in his al-DjyarVa : "It is a book in which the author has collected (the
Traditions)as he heard them personally from a Ma's?m or from another
who has heard them from a Ma6 sum, and has not copied them out from
any other written source".10

Of these four hundred books, twenty four are reported to be still

extant, while the rest are claimed to have been incorporated in original by
the later compilers.11

The most prominent and comprehensive books (on Traditions)

compiled by the ShPa authors are the following five books:

The first book is Kit?b al-Mafr?sin compiled by Ab? Ja'far Alimad

b. Muhammad (d. 274 A.H.).

The other most prominent four books, known as "Kutub-i Arba'a"

are (1) al-K?fl by Muhammad b. Ya'q?b al-Kul?yn? (d. 328 or 329 A.H.)
(2) Man la Yahqluruhu al-Faqih by Ibn B?bwayh (d. 381 A.H.) (3) al
Istibs?r fi ma Ukhtulifa min al Aldib?r and Tahdhlb al-Ahtk?m by Ja'far
Muhammad al-Tus? (d. 411 A.H.).

Of the Isma'?l? books on Had?th , the most prominent one which

hascomedowntousisDa??7ma/-/y/?mby Ab? IJan?fa Nu'man (d. 363
A.Ii).
In the later period, a number of other compilations both by the
Sunn? and Sh?? a authors have appeared.

Of these, the best known compilations by Sunn? authors are Sunan

al-D?riml by Ab? 'Abdill?h al-D?rim? (d. 255 A.H.), Sunan compiled by
Ab? al-Hasan 'Ali b. 1 b. 'Umar al-Dar?qutn? (306-485 A.H.), AU
Mustadrak 'at? al-Saftlfiaynft al-Hadlth by Ab? 'Abdill?h Muhammad al
N?s?b?r? (d. 405 A.H.), Sunan compiled by Ab? Bakr Ahmad b. Al-Husayn
al-Bayhaq? (384-458/994-1065), Mishkat aUMas?blb by Wal? al-D?n Mu
hammad ?l-'Amr? al-Tabr?z? (d. 743 A.H./1242 A.D.) and Konz al-' Umm?l
fi Sunan al-Aqw?l wa al-Af'?l by ' Al?' al-D?n ' Ali al-Muttaq? (d. 975 A.H.)!

On the other hand, the best known compilations by Sh?'a authors

which have appeared after the Kutub al-Arba'a are Kit?b al-W?fi by
Muhammad Mulsin Faycl al-K?sh?n?(d. 1091 A.H.) and its compendium,
al-Sh?fii by the same author, compiled in 1082 A.H., Was?'il al-Shi'aby

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 PROPHETIC SUNNA 128
Siaykh ?lurr al-4Amil? (d. 1104 A.H.), Bifr?r al-Anw?r by Muhammad
B?qir al-Majlis? (d. 1111 A.H.), tfada'iq al-N?ftrah by Sbaykh Y?suf al
Bahr?n? (d. 1189 A.H.), Jaw?hir al-Kal?m by S&aykh Muhammad IJasan
al-Najaf?(d. 1266A.H.),and aw?e/ fa/-Z)?/iby Sayyid rjusayn 'Arabb?gh?
(d. 1319 A.H.).

These books are, however, of a secondary status and either consist

of collection of the Traditions already contained in the previous works on
Traditions, or gleanings of what had generally been left over by the previous
compilers as unimportant or unauthentic.

VII ? THREE GROUPS OF TRADITIONS:

From the point of view of narration, the traditions are classified
under two groups, Mutaw?tir and ?fy?d.

Mutaw?tir traditions are those which have been related by one group
of just and reliable narrators through another such group until the source
reaches the Prophet himself, (Peace be upon him).12

The ?fi?d traditions are those which are related by a single or two
narrators until the chain concludes with the Prophet (peace be upon him)
himself. They may also be called as those which do not fall under the
category of Mutaw?tir. 3

The Hanafites hold that there is a third category of traditions, called

mashh?r traditions. These are the traditions which were originally
?fr?d, but they were consecutively reported in the second and third centuries.
A.H.H
There is a consensus of opinion that Mutaw?tir traditions convey
concrete and sure knowledge and therefore, they are considered obligatory
by all Muslims, except by the Mu'tazila.*5 They carry satisfaction and
remove every doubt, and convey full certitude, and the fact that they are
related by a group of narrators precludes the possibility of their acting in
collusion to perpetuate a lie.16

As regards the ?fi?d traditions they are accepted as authoritative and

obligatory by almost all the Sunn? Muslims. R?z? has even claimed
in "al-Mabsul" (II), that there is full agreement of the Companions on this
poirit. However, a small group of Muslims including Na???m have

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 129 S. ALI RAZA NAQVI

rejected the authority of ?fj?d traditions17.

? majority of the Sh?'a jurists also accepts the authority of the

?fi?d traditions. Shaykh T?s? and other Sh?'a scholars of repute consider
it a concrete and convincing source. Shay kh T?s? has even declared that it
is obligatory to act according to a w?hid Tradition as its authority is proved
by the Book, Sunna and ljm?*. However, Sayyid al-Shar?f al-Murtad?
and his followers have rejected the authority of the ?tj?d traditions.18

VIII ? DEVELOPMENT OF SUNNA :

The practice on Sunna began in the life-time of the Prophet, (peace
be upon him), and continued until the time of the first four Caliphs
uninterruptedly.

In the early days the community was kept integrated by the Qur'?n
and the continuous practice coming down from the time of the Prophet,
(Peace be upon him). The prevalent and established practice was the
main source of reliance in all matters during these days. The Sunna, thus,
mainly consisted of the prevalent practice.

After the period of the first four Caliphs, the life of the State diverged
from the pure and continuous practice. When the general practice lost
its resemblance with the ideal Sunna of the Prophet (Peace be upon him)
because of the gap in time, the need for the documentation of Hadlth
became more and more urgent. With the passage of time differences
increased, and in order to remove the differences in law, more emphasis
came to be laid on the Hadlth from the Prophet, (Peace be upon him).

With the passage of time, the community became more and more
detached from the actual practice of Sunna of the Prophet, (Peace be upon
him), as mirrored in the recognised practice of the days of Prophet, (Peace
be upon him), and its continuity during the time of four Caliphs. Newer
and newer sects emerged on the legal scene. Various theological groups
made their way into the community. Each group endeavoured to prove
its own doctrines and beliefs on the authority of Hadlth. In the long run,
therefore, the corpus of Hadlth increased tremendously. Consequently,
the bid6a (innovation) and fitna (general corruption) raised there ugly and
venomous heads.

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 PROPHETIC SUNNA 130
After the first four Caliphs, the rulers were not interested in protec
ting the purity and continuity of the ideal Sunna. The whole legal system
came to be influenced by their personal interests. So the ideal practice
could not survive in its pure form. The confidence vested in practical
Sunna was gradually weakened and resulted in the sole reliance on ffadith
as the only channel for the ideal Sunna. In due course the practice of the
community was no longer ipso-facto regarded as the Sunna of the Prophet,
(Peace be upon him), unless it was documented by an authentic Had?th.

The free narration of the Had?th resulted in a good deal of fabrica

tion and the number of traditions increased considerably. Weak tradi
tions which were obviously illogical and unacceptable to reason were given
a wide circulation. This vindicated the Prophet's prediction: "There will
be in later generations of my people persons who will narrate to you things
which neither you nor your fathers have heard of. Beware, therefore, of
them."19

It was mainly in order to meet the great challenges posed by fab

rication of Had?th and to sift the fabricated traditions from the genuine
ones that the Muslim scholars of the Science of Had?th utilized the system
of Isn?d and formulated the principles for testing the veracity of the tradi
tions. As a result of the examination of the traditions according to the
new standards set forth by the Hadith scholars, the traditions were sifted
and arranged according to their degree of authenticity into Safiih (authentic),
basan (good) </a'(/* (weak), etc.

Although free and unrestricted narration of Had?th resulted in

a good deal of fabrication, it would not be reasonable to hold that the legal
sphere was altogether swamped by forgery. The main reason is that a large
part of the legal decisions being practised by Muslims was living and
known to almost all the members of the Community. The difference
arose mainly due to the circulation of conflicting Hadith at different places.
These differences were, however, not basic, as they did not affect the fun
damentals of Islam. The relative immunity of the legal sphere from the
effect of fabrication of Hadith may be judged well from the fact that
although the Sunn?s and Shi'a's have their own separate Hadith
collections, yet in the field of law their differences are confined to a few
points. It is because the law was based more on actual and continuous

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 131 S. ALI RAZA NAQVI

practice rather than the theological doctrines which came to be formulated

later.

It must, however, be borne in mind that the genuineness of the

Isn?d is not the only proof of the genuineness of the actual text of the
Traditions. According to some scholars, the best and the most reliable
means for testing the genuineness and veracity of a Tradition, as also in
case of all other statements and reports, is the human reason.

'All?ma Ibn al-Jauz? has very aptly quoted the remark:

"If you find a Hadi?t contrary to reason, or to what has been
established to be correctly reported, or against the accepted
principles, then you should know that it is forged."21

The guiding, principles for the scrutiny of the traditions may be

summed as follows:

A Tradition should not be contrary to the clear text of the Qur'an

nor against the accepted basic teachings of Islam, nor contrary to the
Traditions already accepted as authentic by consensus. It should not go
against the dictates of reason, natural laws and common experience, nor
specify high rewards for insignificant good deeds and severe punishments
for small offences, nor contain exaggerated account of the excellences and
praises of individuals, tribes or places. It should not be intended in any
way to damage the personality of the Prophet (Peace be upon him), or any
other leading personality of Islam.

IX _ CONCLUSION:
In the modern age the Muslim Community is confronted with new
perplexing and intricate problems and questions. Concrete bases for their
answers can be found in the Qur'an and the Prophet's Sunna. Let us,
therefore, turn to these two fundamental sources of Islamic Sharl'a for
necessary guidance and inspiration. As a pre-requisite it would be essential
for us to arrange an authentic collection of the Prophet's Traditions from
all the extant sources at our command. For this purpose, it would be
necesary for all the followers of the various Muslim Schools to join hands
in this holy mission and make serious endeavours for the compilation of

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 PROPHETIC SUNNA. 132

the most authentic and reliable Traditions of the Prophet {Pemse be upon
him), from the whole corpus of ffadith available today.

All the Traditions must primarily be put to careful scrutiny in

accordance with the criteria set forth by the doctors of 'Ilm al-Rij?l (i.e. the
science of testing the veracity of the narrators of ffadith) and finally they
must be examined by the standards of reason. This tremendous task can
only be accomplished by the sincere and unbiased efforts of all the Muslim
scholars belonging to the various schools of Muslim jurisprudence.

There is sufficient evidence in Muslim history to demonstrate that he

earliest generations of the Community looked upon the Qur'?n and Sunna
as something vital and living. They have tried to solve the problems of
their times by constant and regular reference to these two basic sources.
But in doing so they have always exercised their own judgement and tried
to reach a consensus of opinion.

This practice of our jurists and scholars of the earliest period can
serve as a precedent for our future activity. Keeping ourselves aloof from
the "vagrant attitude of empty liberalism as well as negative spiritualism",
we must try to find out definite and tangible solutions for all the issues
before us. This we can achieve by seeking guidance from the Qur'an and
Sunna, the perennial sources of guidance for the Community, and exercis
ing our own judgement in the light of reason, and reaching a consensus
through mutual consultation and deliberation.

Instead of being condemned as being engaged in mere mimicry of the

past, let us appeal to the collective conscience of the Community to find out
suitable answers to the present problems and questions. It is only through
these serious and sincere efforts that we can meet the challenges of the
present day society and save ourselves from being submerged under the
deluge of extreme liberalism and nihilism raising their ugly and venomous
heads and threatening the very foundations of the faith.

In this holy mission, let the learned scholars join hands with the
rulers of the Muslim states to give a concrete and solid form to the results
of their mutual consultations and deliberations in the enactment of the

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 133 DR. S. ALI RAZA NAQVJ

truly Islamic laws. It is because unless their own judgements and deci
sions are transformed into definite legislation, they shall remain purely
theoretical, and, therefore, entirely futile from the practical point of view.

NOTES

1. For example vide the Qur'?n, XVII : 33, LIX : 7 and IV : 80.
2. Vide the Qur'?n, XXXIII : 21.
3. See Muslim, $a(iib, H p. 414.
4. Ihn al-Qayyim, Vl?m al-Muwaqq?tn, (Delhi, 1313/1895), I, p. 54.
5. Ibid., pp. 61-62.
6. Al-Tabari, T?rikh al-Rusul va al-Mul?k, (Leiden, 1964), Prima Se
7. Ibid., p. 550.
8. For instance, Ihn Taymiya says:
?Tj??l ** jJLm* j t?jti*ji <>* ?+\ c-jI^S" cU? c?>o j*Jit
(After the Qur'?n there is no book under the heavens more correct than al-Bukharl
and Muslim). (Ibn Taymiya, Ahmad, Majm?fa Fat?w?, (Cairo, 1336/1918), II,
p. 194).
9. Agh? Bozorg, al-DharVa il? Tas?nifal-Shi'a, (Najaf, 1335/1936), II, pp. 125-166,
10. Ibid., p. 126.
11. See the letter of ?gh? Bozorg addressed to S. Murta?l? IJusayn, cited in the latter's
T?rij?-i-Tadw?n-i'J?ad??h, (Rawalpindi, 1957), p. 47.
12. al-Sib?'i, Mustafa, ai-Sunna va Mak?natuh? fi al-Tashr? al-Isl?mi, (Cairo, 1380/
1961), . 180.
13. Ibid.
14. Ibid.
15. Ibid.
16. al-Muzaffar al-Shaykh M. Ricj?, Usui al-Fiqh, (Najaf, 1386/1966), p. 67.
17. al-T0si, Ja4far b. Muhammad, 'Uddat al-Us?l, (Bombay, 1318/1900), pp. 36-55;
al-Muzaffar, Us?l-op. cit., pp. 69-94.
18. al-Muzaffar, Us?l.op. cit., II, p. 69.
19. Muslim, Sahib, op. cit., I, p. 9.
20. al-Suy?ti, Jal?l al-D?n 'Abd al-Raljm?n, al-La%?li al-Masn?'a fi al-Ab?dtth a ?
Maw4?[a, (Egypt, 1352/1933), pp. 467-473.

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