SCHOOL OF SOCIAL SCIENCES (SOSS)

INTRODUCTION TO USUL AL- FIQH

(DCI12231)

TOPIC: QAWL Al- SAHABI

PREPARED BY:
STUDENTS NAME:
DHIYA ARINA (DHM221028)
FATIN NADHIRAH (DHM221022)
NADYNE IMAN (DHM221018)
NURUL NADIAH NATASHA (DHM222012)
SECTION: 1

PREPARED FOR:
MISS NUR MUNIRA ROSLAN

SEM 3, 2022/2023
Table of Content
Introduction Pg. 3
Fiqh & Usul Al- Fiqh Pg. 3-4
Purpose of Study Usul Al- Fiqh Pg. 4
Benefit We Get of Usul Al- Fiqh Pg. 5-9
About Qawl Al- Sahabi Pg. 9-11
Who is Sahabi? Pg. 11-12
Positions of Legal Opinion of Sahabi as a Pg. 12-13
Source of Law
Pillars of Qawl Sahabi Pg. 13-14

Importance of Qawl al- Sahabi in Fiqh Pg. 14-17

Mu’amalat & Islamic Finance
Conclusions Pg. 17

2
‫ﺍﻟﺭﺣﻣﻥ ﺍﻟﺭﺣﻲ ﻡ‬ ‫ﺑﺳﻡ‬
In the name of Allah, the Most Gracious and Most Merciful

In this report, our group will point out our understanding and research of information about
Qawl Sahabi. We manage to write the paragraph based on expand of our ideas for this topic
also the knowledges we manage to acquire from learning the source of shariah and the story
incident during Rasulullah (s.a.w) time with the sahabi.

Introduction
Qawl Sahabi (‫ )ﻗﻮﻝ ﺍﻟﺼﺤﺎﺑﻲ‬is that it refers to the sayings or statements of the companions of
Prophet Muhammad (peace be upon Him) that are related to Islamic teachings and practices.
The Sahabah (companions of the Prophet) were the first generation of Muslims who received
teachings from the Prophet and spread the message of Islam after his death. Their sayings and
actions serve as a major source of Islamic knowledge and guidance for Muslims around the
world. Qawl Sahabi is considered to be a reliable and authentic source of Islamic knowledge,
as the Sahabah were directly taught by the Prophet himself and had a deep understanding and
knowledge of the religion. Their statements and actions are also valued as they were the closest
followers and confidants of the Prophet Muhammad, and therefore were most knowledgeable
about his character and teachings.1

Fiqh and Usul Al- Fiqh

Fiqh
The root word of fiqh is ‫ ﻓﻘﻪ‬which means to understand. Therefore, fiqh is all about full
understanding and comprehension. Fiqh was used in comprehensive way to include tenets of
Islam, its ethics, Islamic law and the questions relating to the spiritual aspects of things for
which the term tasawwuf subsequently came in use.

1
IIC Usul Fiqh Manual

3
Usul Al- Fiqh

The literal meaning of the term Usul is the root and something from which another thing
originates. Technical meaning is a discipline that teaches us reasoning from general evidence,
the sources of Islamic law. The word Usul to indicate the foundation upon which analogy is
constructed. Sometimes used in the sense of the original rule.

Purpose of Study Usul Al- Fiqh

The purpose of study Usul Al- Fiqh brings a various advantage for Islamic knowledge also
logical of science jurisprudence. Besides that, also a school of taught. Usul Al- Fiqh investigate
early Islamic history in order to ascertain the degree to which the decisions of the companions
in general and those Khulafa Al- Rashidun in particular, have affected the formation of some
basic principles and decisions of fuqaha.

To analyse and examine the legal principles has been made in the context of history, and our
present study to attempt to see how early Islamic history was regarded a reliable model by the
Fuqaha, a necessary and valid source of Muslim law.

4
Benefit We Get from Learning Usul al- Fiqh
Generally, the study of Usul al-Fiqh incorporates the study of the following four main
branches: i) Islamic sources (or evidences) on which all of the ahkam have been based. These
are texts of the Qur’an and the authentic Sunnah as well as the consensus of the Companions
[Sahabah]. This also includes the discussion of proof [adillah], their types and their authority.
Some of these adillah are Qiyas, Istihsan, ‘Urf, al-Masalih al-Mursalah, etc ii) rulings and
what they mean, their types, what affects them, how they can be applied, and the conditions
relating to their use. The types of ahkam refer to obligations [wajib], prohibitions [haram],
recommendations (mustahabb), objectionable [makruh] and the sanctioned [mubah] (iii)
principles or rules available to the scholars to deduct and deduce ahkam based on
the adillah aforementioned and (iv) qualifications and conditions required of the jurists
[fuqaha] responsible for the correct application of Usul al-Fiqh. This is sometimes referred to
as the conditions of ijtihad.2

In his famous book Kashf al-Thunun, the scholar Hajji Khalifah explains that all
Islamic ahkam are based on the noble Qur’an and blessed Sunnah, the consensus of the scholars
and Qiyas which can be explained as either the ‘comparison with a similar situation where
there is an existing law’ or derivation of a ruling using similar logic. All laws explain
permissibility of certain actions or behaviours. The support for all laws is derived from the
general approach of Islam in all issues whether great or small, therefore, all laws can be traced
to major or minor issues. {quotes}Typically, all derived rulings are classified and recorded in
order to be able to return to them if a similar situation arises.

By looking at the basis of this science, it becomes apparent how important it is for the study of
religion and how we are in need of it, especially today. The science of Usul al-Fiqh helps us to
better understand religion. Allah has revealed the Qur’an and Sunnah in order to guide us all
through our daily lives as well as to the path that will lead to eternal happiness. Despite the fact
that Allah preserved the two Islamic sources of authority from any tampering and falsification,
at times people have gone astray because of their misunderstanding of certain verses or ahadith.
For example, there is an authentic hadith which states, ‘Whoever dies while he believes that
none has the right to be worshipped but Allah will enter paradise.’ Another hadith states,
‘Whoever bears witness that Muhammad is his Messenger will not enter Hell.’ Both of
these ahadith are authentic and well supported in the Sunnah. However, some have

2
Understanding Usul al‐ Fiqh by Yusof Rios (2013)

5
misinterpreted these ahadith to mean that one’s behaviour and actions are irrelevant and that
entry into paradise is guaranteed simply with correct creed. Such grave misinterpretations occur
of many other verses and ahadith by people who take the wrong approach to the Shari’ah.

We must keep two fundamental laws in mind with regard to the issue of religion; all laws must
be derived from the Qur’an and the Sunnah; and the texts of both must be understood correctly
based on the premises defined by the scholars. The science of Islamic jurisprudence, as well as
deriving laws, is built on a profoundly exhaustive understanding of Qur’anic verses
and ahadith. If the people who are misled by the previous ahadith were to make use of the
writings of the science of Islamic jurisprudence, they would know that
other ahadith compliment the former set of ahadith and further explain them. For example, in
response to the rejecters who told the Prophet (peace be upon him) that simply uttering
the shahadah (proclamation of faith) without believing in it would allow one to enter into
paradise, the Prophet (peace be upon him) said, ‘One has to say it and have no doubt in his
heart about it.’

The science of Usul al-Fiqh elucidates that some ahadith are general and others are specific,
some ahadith abrogate, while other ahadith have been abrogated and are no longer referred to
as conclusive proof for the establishment of ahkam. The science also explains the exact
meanings of certain language usages and styles, the context of certain verses and ahadith, as
well as how the Qur’an relates to the Sunnah. All of this helps us to truly understand the Qur’an
and Sunnah. Observing the rules of how laws are supported will most certainly protect us from
being misled by superficial understandings of the religion. Since the advent of Islam until
today, different groups have emerged who misinterpret the meaning of certain parts of the
religion because they do not fully understand them and so deviate as a result. Scholars have
continuously warned of the danger of such acts. Ibn al-Ma’in said, ‘Literally understanding the
words of a hadith or depending on your interpretation will give you incomplete knowledge.’
{quotes}One must look at how verses are supported, and what context and occasion they relate
to.

Thus, one of the important uses of the science of Islamic jurisprudence is to help us understand
the scriptures of our religion. Usul al-Fiqh also shows us the path to correct worship. One may
argue that this is the main purpose of the science: arriving at the rules which will guide us to
happiness in this life and the next. This is important for both the scholars who are qualified to
derive the rules and devout Muslims who care to understand the reasoning behind what is either
6
permitted or prohibited in Islam. A basic understanding of the science of Usul al-Fiqh allows
the believer a deeper appreciation of the religion and will no doubt reflect upon his manner of
worship and his devotion to Allah the Most High. This is from among the reasons as to why
this science is one of the noblest disciplines of study.

The science of Usul al-Fiqh provides balanced and moderate views. It provides us with criteria
to assess all matters related to religion, enabling us to decide whether certain behaviour or
actions are extreme, lenient, whether it is well-supported or whether it is at all part of religion.
We are also able to understand how close or distant something is to the rules of the religion
based on how much support it has from the scholars, allowing us to take a correct stand. Many
groups are extreme in their views, insisting that they solely hold the correct view and all others
are outside the boundaries of Islam. Other groups take a converse approach and overlook many
of the important Islamic rules and behaviour, considering them peripheral to the essence of
Islam. {quotes}The science of Usul al-Fiqh allows us to correctly prioritise all matters and
come out with moderate and correct views that do not go against our religion.3

A recurrent example of the danger of abandoning the laws of this science occurs today. Many
men of religion have issued rulings [fatawa] allowing Muslims to have financial dealings with
banks that define interest rates, with the excuse that this is today’s necessities about which we
can do nothing. Others have given outrageous flexibility to Muslims living in the West, ruling
that the five daily prayers can be offered simultaneously. Many well-meaning people hear
such fatawa and take them to be correct, following them without any contest. Usul al-Fiqh
would enable us to correctly define what necessity is and prevent us from falling into such
dangerous pitfalls.

The science of jurisprudence allows us to find a correct model to follow. Armed with the correct
tools and procedures for assessment support and rules, we would be able to decide which
models of behaviour to follow. This applies to scholars and generally all Muslims who wish to
take the correct path. The previously discussed dangers of following sporadic rulings take place
because people do not know how to assess conflicting opinions. Thus, they fall prey to all
manner of views that seem to originate from a religious source.

3
Principles of Fiqh by Shaikh Dr. Haitham al- Haddad

7
The science of jurisprudence also allows us to distinguish between what is authentically from
the blessed Prophet and what is just meaningless innovation. Many people who feel they are
devoted to religion, particularly those who are young, assume that all authentic ahadith are a
Sunnah, which should be followed and anything besides that is an innovation that should be
disregarded. This has led them to go against other agreed upon areas of the Sunnah, the result
being that different groups with conflicting views have formed and created much confusion.
These groups have even gone further to denounce all those who do not accept their
understanding of the Sunnah. Other equally mistaken groups depend on what they take to be
common sense and reject certain hadith and rules, claiming that they do not make sense, such
as the issues of physical Jihad, slavery and other issues. In effect, all of these are the bitter
outcomes of abandoning the rules of such as important science.

Most people need Usul al-Fiqh in order to understand how to formulate questions related to
religious issues as well as knowing who to ask these questions. Many people today hold the
position of issuing religious rules such as a mufti, though they are not qualified to do so.
{quotes}Some of us assume that anybody who is gifted at reciting the holy Qur’an, delivering
the sermon [khutbah] on Friday, or somebody who seems to be particularly knowledgeable is
the right person to be asked about Islamic rulings on certain matters.

We may see someone as flexible and ask their opinion, thereafter seeking an opinion from
somebody else on the same subject, and then consequently feel lost between the two. This
science enables people to assess the opinions and views of those that are questioned, and
make a proper selection of who to ask. Fundamental principles of this science should be basic
to the learning of one’s religion for it qualifies the person to learn and practice their deen in
the correct way.

There are several other uses and needs for Usul al-Fiqh. It enables us to assess the knowledge
of different scholars and understand their different areas of expertise. Grouping all individuals
in the field of religion into one blur the different areas of study and results in great confusion
when we have to decide on whom to ask about specific topics. Studying Usul al-Fiqh will
enable us to distinguish between the scholars of language, hadith, Qur’an, Islamic history and
all the other fields of religious interest. Turning to unqualified people for advice may give them
the impression that they are knowledgeable in all fields, which may result in ascribing
responsibility and authority to scholars who hold neither of the two in that respective field.
Once we are aware of the basics of this science, we will be able to control such matters and
8
respond appropriately to such confusion. Another useful outcome of studying this science is
that we will be able to comprehend issues of religion faster and thus learn more. We will also
learn the methods of accurate expression, organised thought, logical argument and strong
support. We will also understand the importance of open-mindedness toward those who hold
opposing views as long as they are well supported.

About Qawl Sahabi

Qawl Sahabi also known as fatwa sahabi. A sahabi is one who met the Messenger of Allah
(peace be upon him) and kept close to him. After the death of Messenger of Allah (peace be
upon him), the Sahabi or companions who interpreted the law, share ijtihad, issued legal
opinions (fatwa) and settled a dispute among parties. There were numerous numbers of legal
rules, legal opinions and judgement based on ijtihad and personal opinions. It’s called school
of Sahabi. 4

It is important to understand that the Sahabah (companions of the Prophet) were the first
generation of Muslims who received teachings from the Prophet and spread the message of
Islam after his death. The Fatwa of Sahabi studied an authentic source of Islamic knowledge
as Sahabah were directly taught by the Prophet himself. Their statements and actions are also
valued as they were the closest followers and companion of Prophet Muhammed (s.a.w) and
therefore most knowledgeable about his character and teachings.

Throughout the history of Islam, the jurists and scholars worked tirelessly to preserve, transmit
and explain the deeper knowledge of Islamic studies and share the correct Shariah law also
explain the principles theology. As we know, to form a logical fiqh product based on four
sources including the Qur’an, Sunnah, Ijma and Qiyas. Along with these sources, Qawl Sahabi
also holds a crucial place as an important Shariah source.

Although how notable it is, the scholars and ulama hold a difference of opinion whether Qawl
Sahabi is hujjah (a source which laws and points established must be followed or not).
Nevertheless, the fuqaha and Muslims shouldn’t neglect and should know that Qawl Sahabi
holds a various importance in Islamic Shariah.

4
Hujjiyat Qawl al- Sahabi by Mohammed Nawaz (masjids.org)

9
 Narrated Abu Said:

The Prophet said, "Do not abuse my companions for if any one of you spent gold equal to
Uhud (in Allah's Cause) it would not be equal to a Mud or even a half Mud spent by one
of them." (Sahih Bukhari, Book 57, No. 22) 5

Abdullah ibn Umar reported: The Prophet, peace and blessings be upon him, said, “The
curse of Allah is upon the one who insults my companions.” (al-Mu’jam al-Awsaṭ 7015)
Grade: Hasan

To begin with, the saying of Sahabah deliver context and justify from words of Qur’an and
Sunnah. The Qur’an and Sunnah are guidance and principles. The Sahabah add practical
examples and detailed explanations. They have an astonishing knowledge and better
understanding the Qur’an and Sunnah. 6

Moving on, Qawl Sahabi provides an accurate record of Islamic history and Prophet’s life. The
companions pay attention the event and incident also admire Prophet Muhammed (s.a.w)
messages as a person he is. Without the Sahabi and companions, the future generations
wouldn’t receive the knowledge and message of Rasulullah (s.a.w) accurately documented to
maintain for a very long time.

Lastly, Qawl Sahabi avoid and protect a crime of innovation and deviation from authentic
Islamic teachings. They’re providing critical guidance for believers in following true teachings
of Islam to not disrupt Aqeedah (creed) of a Muslim.

5
Sahih hadeeth edited and translated by Adil Salahi
6
The Virtues of the Companions by Abdul Maalik (pdf)

10
Why Qawl Sahabi isn’t so Famous for Fiqh?

We must know that Sahabah qawl (sayings) are what contribute to development of fiqh
jurisprudence and significant for Shariah law. However, they are not as famous as fiqh
jurisprudence developed by later scholars simply because of time difference of evolution and
situations. The Sahabah did not systematize their sayings or produce comprehensive works on
Islamic law.

Remember, the Sahabah learned directly from the Messenger of Allah (s.a.w) and practiced.
As such, they did not engage the same derived like the later scholars such as the time of Tabi’un
(the generation following sahabah) to produce same type of works. It was until evolution of
time and generation of Tab’iun that fuqaha, mufti and scholars research began to expand. This
is when the Islamic schools of thoughts (madzhab) emerged. Islamic law began to be
systematically studied and compiled.

Who is Sahabi?

The definition of al-Sahabiyy in terms of language. Al-Sahabiyy is a derived word from sahaba,
yashabu, suhbatan, companionship. Al-Baqlaniyy said there is no disagreement among
linguists about the pronunciation (sahabiyy). It is a word derived from al-suhbah.7

Therefore, according to Jumhur ulama usul fiqh, al-Sahabiyy means anyone who met or met
Prophet Muhammad s.a.w and believed in him and associates with him for a period of time that
in custom can be called a Companion. Among them are Khulafa' al-Rashidin, and other than
those who believe in the Prophet Muhammad s.a.w, help, listen and get guidance from him.
The Sahabah are companions of Prophet Muhammed (s.a.w) were people who witnessed and
interacted with Prophet during his lifetime. They were many Sahabah who contributed towards
Qawl (sayings) to developed and preserved Islamic teachings.

7
Qawl Al- Sahabi (blogspot) by Ahmad Syakir

11
Here are few of them:

1. Abu Bakr Siddiq: Prophet’s closest friend, companion and advisor. He was first caliph
2. Umar ibn al- Khatab: He was close companion of the Prophet. He’s the second caliph.
Known for strict adherence to Islamic principles and wise governance.
3. Uthman Ibn Affan: He was a close companion of Prophet and third caliph. He played a
vital role in compilation of Qur’an.
4. Ali ibn Abi Talib: He was Prophet’s cousin and son in law. He’s one of his closest
companions. He later became fourth caliph of Islam.
5. Aishah binti Abi Bakr: She was Prophet’s wife and leading scholar of Islam. She
contributed hadith studies and Islamic jurisprudence.
6. Salam al- Farisi: He was Persian convert to Islam. His contribute to Islamic
knowledges including introduction of wudhu and Islamic calendar.
7. Bilal ibn Rabah: He was an Abysinian slave who converted to Islam and became
Prophet’s first caller to prayer. These are just a few, but there are many more. Their
Qawl and teaching remain sources to guide Muslims around the world.

These are only a few. There are many more.

Positions of Legal Opinion of Qawl Sahabi as a Source of Law

The matters that are agreed and disagreed upon among legal theorists. 8

1. The legal opinion of the Companions on questions about which the rules cannot be
known by ijtihad and personal opinion. The Muslim legal theorists agreed that it is a
proof of Shari’ah that must be followed. Because it is as good as a Sunnah from the
Messenger of Allah.

8
Positions of Legal Opinion of Qawl Sahabi as Source of Law (Word press)

12
 2. The opinions that are expressly agreed upon by the Companions are considered as
a proof of Shari’ah since it is an ijma’. In addition, the opinions of the Companions
that spread widely and were not opposed by other Companions are considered as a
proof by those jurists who regarded silent ijma’ as a proof.

3. The legal theorists agreed that the opinion or fatwa of a Companion is not a proof
binding other jurist-Companion. Since the Companion differed among themselves
on many issues and no one of them impose his view on others.

4. The opinions of the Companions on which there is disagreement among them.

Whether these opinions are considered as a proof binding on those who succeeded
them.

Pillars of Qawl Sahabi

1. Trustworthy narrators
- narration should be authentic and trustworthy. A source and proof of shariah
must be followed along with the Quran and sunnah.9

2. Agreement of Companions
- Decision making among particular. There would be agreement and
disagreement.

3. Correct statement- Should be consistent with Islamic theology and jurisprudence

4. Appropriate situation

- Relevant statement. There is various situation yet the most useful and common
practice is to provide guidance on Islamic beliefs and knowledge. The sahabi
Abdullah ibn Abbas was known for his extensive knowledge and

9
Fatwa Shabi upload by Nelfia (scribd pdf)

13
 understanding of the Quran and his insights on Islamic jurisprudence.
Therefore, his statement on the importance of seeking knowledge and its
benefits could be cited as an example of the emphasis on knowledge in Islam:
“Seeking knowledge is obligatory upon every Muslim and Muslimah. If Allah
intends good for someone, He grants him the understanding of the religion”
(Bukhari).
- Another appropriate example and message of the Qawl Sahabi is also practice
of sincerity and intentions. "Actions are judged according to intentions"-
Bukhari, Muslim (Sahih)

Importance of Qawl Sahabi in Fiqh Mua’malat and Islamic Banking

Fiqh Mua’malat
Despite the controversies hovering over the issue of legal status of Fatawa of Sahabah, most of
the jurists comfortably use Qawl al-Sahabi in their literature to support Qiyas and Ijtihad they
put forward. Al-Shatibi (n.d.) mentions that many Tabi`un, Taba` Tabi`un, and Mujtahidun
normally try to avoid contradiction with Qawl al-Sahabi and, most of the times, tend to agree
with them. Whenever they adopt a ruling in the Fiqh, they attempt to support it with Qawl al-
Sahabi, if available. Of course, whether it is binding or not depends on the scholars’ position
in this regard. However, it has been recognised that the knowledge of the companions, their
understanding of the Shari`ah and their determination to follow the Quran and the Sunnah in
each and every aspect of life is a remarkable archetype model for others. Similarly, Fiqh al-
Mu`amalat, being part of general Fiqh, is not an exceptional case. In fact, through Fiqh al-
Mu`amalat, Qawl al-Sahabi also plays a crucial role in modern Islamic finance. Islamic
scholars frequently discuss Qawl al-Sahabi in this field of study too; and on top of that, the
traditions and practices of Sahabah have also been accepted in many cases as the basis of
Islamic financial contracts and transactions.10

10
Application in Modern Islamic Finance Authority Qawl Sahabi by Farukh Habib

14
Islamic Finance

The importance of Qawl al-Sahabi Islamic Finance can be observed through countless
examples found in Fiqh al-Mu`amalat. In order to elaborate further, some examples are briefly
discussed below. Abdullah Bin `Abbas (may Allah be pleased with him) narrates that the
messenger of Allah (peace be upon him) said: if you have bought food then do not sell it until
you take possession of it. Ibn `Abbas said: I think other items are also like food in sale (al-
Tibrani, 1983). The above hadith means that the sale of food items is void if the seller does not
possess the items in his/her ownership. Ibn `Abbas holds that the sale of all products, before
they are owned or seized by the seller, is invalid. According to him, the condition of the
ownership prior to the sale should not be confined to food items only; rather this restriction
should be extended to the non-food items as well. Imam Shafi`I (1973), in his well-known book
“AlUmm”, favours this view, and comments that the Fatwa of Ibn `Abbas is aligned with the
Qiyas, so it must be followed. Hanafis and Hanbalis also agree with this ruling with some
details (Ibn Qudamah, 1984; al-Kasani, 1982). One may be mindful of the fact that this is not,
however, the only underlying reason for this particular ruling. There are other Ahadith too
which support this ruling. This example is only presented to demonstrate that the Qawl alSahabi
is used as one of the bases of the ruling in Fiqh al-Mu`amalat.

The application of this ruling can be observed in most of the sale contracts carried out in Islamic
finance industry. A real transfer of ownership is a condition for the validity of any sale-based
contract. The issue of ownership of goods can be seen under the discussion of the Shari`ah
Advisory Council of Bank Negara Malaysia under the contracts of Ijarah, al-Ijarah Thumma
Al-Bai` (AITAB), Bai` al-`Inah, etc. (Bank Negara Malaysia, 2010). AAOIFI (2010) also
mentions this in the definition of Murabaha. Another good example of the implementation of
Qawl al-Sahabi can be highlighted in the issue of sale of `Inah (‫(ﺍﻟﻌﻴﻨﺔ ﺑﻴﻊ‬. By definition, Bai` al-
`Inah is a sale contract which involves sale and buy back transactions of an asset by the seller
(Bank Negara Malaysia, 2010). The sale of `Inah is: when the seller buys back what he has
sold to the buyer on the price less than the first price (at which the seller has sold) before the
first price is paid. In Malaysia, it is alsocalled Bai` al-Ajal although in Islamic law of contract
Bai` al-Ajal or Mu’ajjal refers to any credit sale. In practice, a bank sells an item on credit to
its client at an agreed price which is payable to the bank over a period in instalments, and

15
concurrently the bank buys back the same item at the spot price less than the first deferred
price. The outcome of Bai` al-`Inah is that the client receives some cash as a result of the second
phase of sale, while he/she undertakes the obligation to pay instalments to the bank as a result
of the first sale contract. Hanafis, Hanbalis and Malikis do not allow such type of sale; while,
Imam Shafi’i permits it. Though, the authors agree with the majority of the jurists in case of
such sale; however, for the sake of furnishing the fact that how much the opinions of Sahabah
are important for different jurists and in the discipline of Fiqh al-Mu`amalat, we will only
elaborate Imam Shafi`i’s opinion below.

In this regard a hadith of `Ayesha (Radhi Allah `Anha) is presented, which informs us that
once a woman visited `Ayesha (Radhi Allah `Anha) and told her that she had a slave girl. She
sold that girl to Zaid B. Arqam for 800 dirhams on credit and bought her back for 600
dirhams on spot price from him. `Ayesha (Radhi Allah ‘Anha) replied her: what a bad thing
you bought and what a bad thing he bought. Inform Zaid B. Arqam that he has cancelled his
jihad with the Messenger of Allah (peace be upon him) unless he repents. The woman said to
`Ayesha: what if I take only my capital and return back the extra money to him. She said: {so
whoever has received an admonition from his Lord and desists may have what is past (Quran,
Al-Baqarah, 275)} (al-Zela`i, 1995).

Imam Shafi`i, although does not recognise this sale with the name of `Inah, but declares the
structure of such sale as valid. Imam Shafi’i opines that both the contracts are valid as long as
they are treated separately (Rosly and Sanusi, 2001). Zahiris also agree with Imam Shafi’i in
this regard (Securities Commission, 2006). Imam Shafi’i (1973) in his book, “al-Umm”, states
that the hadith of `Ayesha (Radhi Allah `Anha) is weak. Moreover, even if this hadith is referred
to, the opinions of the companions are contravened over this issue. The practice of Zaid B.
Arqam (Radhi Allah `Anhu) supports the validity of this type of sale; while `Ayesha (Radhi
Allah `Anha) declares it as impermissible. Therefore, some of the companions hold the
permissibility of this sale, while the Fatwa of some companions is found otherwise. In this
situation, Imam Shafi`i decides to follow the opinion which is in line with his Qiyas and hence
deems this type of sale as permissible. It should be, however, noticed that Rosly and Sanusi
(2001) are of the view that even Imam Shafi’i does not allow Bai’ al-‘Inah and the difference
between Imam Shafi’i and other jurists lies only in the method of inference, not in the verdict.
They conclude that: The Shafi’i may thus permit the contract because its legal preconditions
are fulfilled, but forbids the transacting act of the parties when it conflicts with Shari`ah
principles (Rosly and Sanusi, 2001).

16
However, this is their personal opinion. Bank Negara Malaysia (2010) and Securities
Commission (2006), based on the opinion of Imam Shafi`i, allow Bai` al-` Inah with some
conditions. The application of this sale may be seen in a variety of situations in Malaysian
Islamic finance industry. For instance, this concept may be observed in many buy-back
contracts, which serve the purpose of liquidity management. It is applied in Islamic interbank
money market in Malaysia (Bank Negara Malaysia, 2010) as well as in Malaysian Islamic
capital market (Securities Commission, 2006). These transactions are mostly designed to solve
the short-term liquidity issues. They also provide credit facility to individual customers as well
as big corporations. So, it may be appropriate to say that the Fatwa of a Sahabi serves as
supportive evidence in so many matters of Islamic finance. Unfortunately, it is deeply felt that
this source of Fiqh has not been utilised to the extent of its true potential yet. The authors
believe that if this source is carefully examined and analysed from Islamic finance perspective,
it will offer a great deal of novel ideas, which can be implemented in the field. On one hand, it
will ensure more robust Shari`ah compliance and reliability in Islamic finance industry; and on
the other, it will bridge the gap between the theory and practices of Islamic finance. It will offer
a wide array of Islamic solutions for the financial issues, which may include new financial
11
products, risk management tools, instruments for liquidity and more.

Conclusions

In conclusion, Qawl Sahabi holds immense importance in Islamic Shariah as source of

guidance and knowledgeable. Their Qawl and teaching provide deeper understanding and
which brings to fiqh final product as well as madzhab preference understanding and opinion of
source of Shariah law. It is meaning and keep passing to the next generation also people around.
Therefore, it cannot be ignored as essential Shariah source to explore for Muslims no matter
how much they grow who seek to understand fiqh and Shariah law to maintained the teaching
of Islam as well Aqeedah.

While Qawl Sahabi is not well known in Islamic jurisprudence, their contribution of Islamic
theology and history is still highly valued. Their Qawl (sayings) are still studied and research
to understand the character and Sunnah of Prophet Muhammed (saw) to practice well. 12

11
AAOIFI(2010) Accounting, Auditing and Governance Standards for Islamic Financial(pdf)
12
Masjidds.org

17
18
19