Q # 03: Discuss Sunnah as a source of Law.

1) Introduction
 SUnnah is the Second primary source of Law.If any jurist is unable to find a Hukm from
Quran, he has to recourse to Sunnah because Sunnah is Special bond between Quran
and Sunnah
 Sunnah is explanation of Holy Quran without Holy Sunnah it is very difficult to
understand the general rules of the Islamic law laid down in the Quran
 There are three different kind of sunnah such as Sunnah e Qauliyah, failiyah, and
approval of the holy Prophet (P.B.U.H)

2) Meaning of Sunnah
 Sunnah means “Well known path” is being which is being followed again and again

3) Definition of Sunnah
 Sunnah are the Sayings ,acts and approvals of Holy Prophet (P.B.U.H)

4) Kinds of Sunnah
Following are the kinds of sunnah.

1. According to its Nature

According to its nature sunnah have following of the three kinds

A. Sunnah Al Qauliyah
 These are Saying or narration of the Holy Prophet (P.B.U.H) and the main object of
the sunnah is to explanation of Ahkams

 Example
“NO INJURY TO BE CAUSED AND NONE IS TO BE BORNE”

B. Sunnah Al Failiyah
 These are deeds and practices of the Holy Prophet (P.B.U.H) such as his prayers
,fasts etc. these kind of sunnah are purely based on practical

C. Sunnah Al Taqririyah
 These are Commission of certain acts by words or deed of the Holy Prophet
(P.B.U.H).If something was done before Holy Prophet (P.B.U.H) but Holy Prophet
(P.B.U.H) remained silent and Such silence also would be considered as Sunnah
5) Division of Hadith
According to its written record following are the kinds of sunnah

1. Hadith Muttasil
 Whose chain of Narration is complete and no narrator is missing up to the Holy
Prophet (P.B.U.H)

Following are the sub-types of Hadith-e- Muttasil

A. Hadith Mutwatar
o When all the narrators unanimous reporting it with the same words
without any difference is called hadithe mutawatar

Following are the sub-types of Hadith-e-Mutwatar

 Tawatar Lafzi
 When all the narrators of Ahadith agree on words, it is called
tawatar lafzi

 Tawatar Man,navi
 When all narrators agree with meaning but words may not
exactly the same. It is called tawatar manavi

B. Hadith Mash,hur
 This such hadith which is narrated by more than two narrators Or
narrated by a Group

C. Hadith Ahad
 Narrated by one or two persons from beginning to end of its chain of
narration. It is called Hadith-e-Ahad

2. Hadith Mursal
 When a lot of names of narrators are missing in this case Jurists disagree to
implement this kind of hadith for hukam

6) Sunnah as a source of Law

 ALLAH ALMIGHTY delegated powers to Holy Prophet (P.B.U.H) for law making. Sunnah is
obligatory on Muslims Because Sunnah is source of Law. Holy Sunnah also was revealed
on Holy Prophet (P.B.U.H
 1. Authority of Sunnah
 Quran gives authority to Sunnah for legislation and the following Quranic verse throws
light on it

 Quran Says”
“HE WHO OBEYS THE PROPHET (P.B.U.H) OBEYS ALLAH”

2. Legislative functions of Sunnah

 Sunnah is 2nd primary source of law. Jurist can’t move to Sunnah unless the
search from Quran completed. Jurist unable to comprehend the text of Quran
unless he recourse to the sunnah. Sunnah is explanation of Quran itself

7) Qualification for sunnah as a source of Law

 Every Sunnah is not a source of Law. To Qualify as source of law must sunnah must have
a legal content. Purpose of the saying or act is to lay down a law or its elaboration

1. Original law making

 When no hukam to be found in Quran for commission or omission of certain act
at that time, Holy Prophet’s own decision becomes an original law

2. Relationship between Holy Quran and Sunnah

 Quran provides priciples for Islamic life and Sunnah explains them very
efficiently

3. Provision the details of General rules

 Ahkams in Quran are undetermined but Sunnah explains these Ahkams

 Example
As Quran says, the male two shares of the female,
Sunnah explains murderer will not inherit

4. Explanation of the Implicit

 Some Quranic verses are unclear but but Sunnah makes them clear and
without sunnah all of us are unable to understand these ahkams

 Example
Quran says : hand of each thief to be cut
Sunnah explains it, the thief who steals wealth equalent to Nisab from
the protective custody
 5. Elaboration of Ahkams
 Ahkams in Quran are unelaborated. Sunnah explains these Ahkams

 Example
Quran order prayer, Sunnah provides its timings, numbers and
Rak’as of prayer.

6. Linkage of case
 Sunnah links the case with well-known principle of Quran

 Example
Quran permits to eat good things, Forbid to eat khabaith ,
Sunnah categories of animal with Molars (Peesne k daant) and
birds with Claw (Panjay)

7. General principle laid down by Sunnah

 Sometime Sunnah lays down a general principle but sunnah explain
them for the benefit of the humanity

 Example
“NO Injury is to be caused or to be borne” while Quran says,
”INJURY TO OTHERS HAS BEEN PROHIBITED”

8) Relation of Quran with Sunnah

 Sunnah is mode of interpretation & elaboration of Quran. Sunnah does not go against
Quran and Quran does not go against Sunnah. Sometimes it becomes difficult to
maintain that these are two separate sources

9) Difference between Sunnah and Hadith

 Word “HADITH ”derived from “HADATHA” which means a TALE . In legal sense, hadith
means Sayings of Holy Prophet (P.B.U.H) which must be practiced. Meaning of both are
approximately Same

1. As to meaning
 HADITH means sayings of Holy Prophet (P.B.U.H)
 SUNNAH is Every act of Holy Prophet( P.B.U.H)

2. As to Scope
 SUNNAH is bigger in scope
 HADITH is narrow in scope because it only the saying of Holy Prophet ( P.B.U.H)
 3. As to element
 SUNNAH is complete term which has three element
 HADITH is one element of Sunnah

4. As to activity
 HADITH ,there is only saying
 SUNNAH, This is the act of holy Prophet (P.B.U.H )
 Silence is also a Sunnah in case any was performed before Him

5. As to collection
 HADITH have been collected and compiled
 Collection of Sunnah is never made it is out of collection

10) Constitutional status of Sunnah

 Sunnah performed pivotal role in making constitutional. God delegated powers to Holy
Prophet (P.B.U.H) for legislation. Holy Prophet (P.B.U.H) gave a practical shape to
injunctions of Quran

11) Conclusion
 Sunnah is second primary source of Islamic Law. Sunnah is interlinked with Quran.
Sunnah Explains the difficult words of Quran and unable us to understand the real aim
of Quran