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HADITHS

CHAPTER 1 – ISLAMIC LEGAL MAXIMS

1ST MAXIM:

HADITH: Hadith 1, 40 Hadith an-Nawawi

Principle of the Hadith:

 Deeds are evaluated based on intentions.
 Each individual is rewarded or judged according to their intentions behind their actions.
Quote:
 [Narrated by ‘Umar R.A.] I heard the Messenger of Allah (‫ )ﷺ‬say: "Actions are (judged) by
motives (niyyah), so each man will have what he intended. Thus, he whose migration (hijrah)
was to Allah and His Messenger, his migration is to Allah and His Messenger; but he whose
migration was for some worldly thing he might gain, or for a wife he might marry, his migration
is to that for which he migrated." [Bukhari & Muslim]
Facts:
 The Prophet Muhammad SAW conveyed this message to his companions, including 'Umar ibn
al-Khattab (may Allah be pleased with him).
 He emphasised that the motive behind an action determines its true nature and merit.
 The example given is about migration (hijrah) for the sake of Allah and His Messenger versus
migration for worldly gains or marriage.
Decision:
 Actions driven by sincere intentions for the sake of pleasing Allah and following His Messenger
are considered righteous and rewarded accordingly.
 Conversely, actions motivated by worldly desires or personal interests hold less merit in the
sight of Allah.

HADITH: Hadith 33, Sunan Ibn Majah 2340

Principle of the Hadith:

 Although categorized as Da’if (weak), this Hadith conveys a principle relevant to Istihsan,
highlighting the importance of avoiding harm and reciprocating harm, aligning with the
broader concept of pursuing what is beneficial and preventing harm.
Quote:
 [Transcribed by Ibn Majah] “There should be neither harming nor reciprocating harm.”

3RD MAXIM:

HADITH: Kitab Al-Salat (The Book of Prayers), Book 4, Number 1166

Principle of the Hadith:

 When uncertain about the number of raka’ats prayed in Salah (Islamic prayer), prioritize
certainty over doubt in completing the prayer.
Quote:
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 [Reported by Sa’id al-Khudri] The Messenger of Allah SAW said: "Whenever one doubts and
does not know whether one prayed three or four raka'ats, such person should act on certainty
and ignore the doubts."
Facts:
 If uncertain whether three or four rak'ats have been prayed, act based on what is certain.
 In case of uncertainty, assume the lower number of rakaats prayed to ensure completion of
the required units.
 If uncertain about completing the fourth rakaat, perform another rakaat to guarantee the
fulfillment of four rakaats.
 Following completion, perform the sajdas of forgetfulness (prostrations of forgetfulness) after
saying the salam (greeting).
Decision:
 If unsure about the number of raka’ats, ensure completion by praying an additional rak'at to
remove doubt and fulfill the required number.
After completing the prayer, perform the sajdas of forgetfulness to rectify any errors made due to
forgetfulness or uncertainty.

4TH MAXIM:

HADITH: Hadith of Abdullah ibn Mas’ud

Principle of the Hadith:

 The principle is based on a statement attributed to the Companion Abdullah ibn Mas’ud,
which suggests that practices deemed good by Muslims are also considered good in the eyes
of Allah.
Quote:
 “What the Muslims deem to be good, is good in the sight of Allah.”
Facts:
 Muslims generally consider practices aligned with their customs to be virtuous and
acceptable.
 Customary practices that do not contradict Islamic teachings are regarded as beneficial and
are widely accepted by the Muslim community.
Decision:
 Custom, if in harmony with Islamic teachings, is regarded as a valid and acceptable source of
law in Islam.
 Scholars of Islamic law, both ancient and contemporary, have acknowledged the importance
of custom as a source of law and have utilized it to address legal issues within the Islamic
framework.

5TH MAXIM:

HADITH: Hadith Sahih al-Bukhari 3560, Book 61, Hadith 69

Principle of the Hadith:

 The Prophet Muhammad's (SAW) preference for ease when faced with choices, except when
the easier option involved committing a sin.
Quote:
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 [Narrated by ‘Aisha (r.a.)] "Whenever Allah's Messenger (‫ )ﷺ‬was given the choice of one of two
matters, he would choose the easier of the two, as long as it was not sinful to do so, but if it
was sinful to do so, he would not approach it.”
Facts:
 Ayesha (r.a), the wife of the Prophet, narrates that whenever Prophet Muhammad SAW was
presented with two options, he would select the easier one.
 However, this choice for ease was conditional; it did not apply when the easier option entailed
committing a sin.
Decision:
 The decision-making process of the Prophet Muhammad SAW prioritized ease over difficulty
in most situations.
 This decision reflected his wisdom and consideration for the well-being of his followers,
aiming to facilitate adherence to Islamic teachings while minimizing unnecessary hardship.
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CHAPTER 2 (PART 1) – INTRO TO ISLAMIC CRIMINAL LAW & PUNISHMENT (FIQH AL-JINAYAT)

PUNISHMENT TYPE 2 – QISAS (RETALIATION):

HADITH: Hadith 33, Sunan Ibn Majah 2340

Principle of the Hadith:

 Although categorized as Da’if (weak), this Hadith conveys a principle relevant to Istihsan,
highlighting the importance of avoiding harm and reciprocating harm, aligning with the
broader concept of pursuing what is beneficial and preventing harm.
Quote:
[Transcribed by Ibn Majah] “There should be neither harming nor reciprocating harm.”

IMPORTANCE OF EVIDENCE:

HADITH: Hadith of Sunan Abu Dawud (Kitab al-Aqdiyyah, Vol. III, p. 1016)

Principle of the Hadith:

 The principle highlighted in this hadith emphasizes the importance of fairness and equity in
judgment.
 It warns against favoring the eloquent or persuasive party in a dispute simply because of their
ability to articulate their case better.
Quote:
 “You bring to me for judgment your disputes and some of you perhaps being more eloquent
than others, so I give judgment on their behalf according to what I hear from them. Bear in
mind in my judgment if slice off anything for him from the right of his brother he should not
accept it, for I sliced off for him a portion of Hell.”
Facts:
 People bring their disputes to the Prophet Muhammad SAW for judgment.
 Some individuals may present their arguments more eloquently or persuasively than others.
 The Prophet Muhammad SAW listens to both parties and gives judgment based on what he
hears from them.
Decision:
 The Prophet Muhammad SAW warns that if he mistakenly favors one party over the other and
unjustly awards them a portion of their brother's right, that portion will be taken from his
share of Hellfire.
 This decision underscores the seriousness of unjust judgments and highlights the importance
of impartiality and fairness in resolving disputes.
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CHAPTER 2 (PART 2) – HUDUD CRIME: ZINA (ADULTERY)

PROOF NO.1 – CONFESSION

HADITH: Hadith Reported by Ibn Abbas

Principle of the Hadith:

 The Prophet Muhammad SAW clarified the nature of zina to ensure the confession accurately
addressed the act of penetration.
 The Prophet Muhammad carefully interrogated Ma'iz to ascertain the nature of his offense.
 The Prophet used straightforward language to clarify the details of the act, ensuring no
ambiguity.
 The confession must be explicit and clear, leaving no doubt about the nature of the crime.
Quote:
 [Reported by Ibn Abbas] The Prophet PBUH said to Ma’iz: “Maybe you just kissed, maybe you
touched her, or looked…” and the man said: “No!” He (the Messenger) said, “So, did you
penetrate her? (using no metaphors), and the man said: “Yes!”. The Prophet then ordered his
punishment. In another version of the same hadith, the Prophet asked the man: “Till that of
yours disappeared in that of hers?” the man said, “Yes”, the Prophet asked, “Like a stick
disappears in a kohl canister and a rope in a well?” The man said, “yes!” He then asked him,
“Do you know the meaning of zina?” The man said, “Yes! I did with her illegally what a husband
does with his wife legally.”
Facts:
 Ma'iz confessed to the Prophet Muhammad about engaging in illicit sexual intercourse.
 Initially, Ma'iz denied lesser acts like kissing or touching, but when asked directly about
penetration, he admitted to it.
 The Prophet questioned Ma'iz using vivid and explicit imagery to confirm the details of the
offense.
 Ma'iz affirmed that his action equated to zina, describing it as similar to lawful intercourse
between spouses.
Decision:
 Upon Ma'iz's admission of penetration and his understanding of the gravity of his actions, the
Prophet ordered his punishment.
 The Prophet's method of questioning ensured clarity and certainty regarding the nature of the
offense.
 Ma'iz's confession, coupled with his acknowledgment of the wrongdoing, led to the
implementation of the prescribed punishment for zina.

HADITH: Sunan Abu-Dawud, Book 33, Number 4405 – Prescribed Punishments (Kitab Al-Hudud)

Principle of the Hadith:

 Confession is a form of evidence in Islamic law.
 It Is incumbent upon individuals to confess to their sins, seeking forgiveness and the
prescribed punishment from Allah.
 The Prophet Muhammad emphasizes mercy and repentance, encouraging forgiveness and
leaving room for redemption.
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Quote:
 [Narrated by Nu’aym ibn Huzzal] on his father's authority said: Ma'iz ibn Malik was an orphan
under the protection of my father. He had illegal sexual intercourse with a slave-girl belonging
to a clan.
 My father said to him: Go to the Apostle of Allah (PBUH) and inform him of what you have
done, for he may perhaps ask Allah for your forgiveness. His purpose in that was simply a hope
that it might be a way of escape for him.
 So he went to him and said: Apostle of Allah! I have committed fornication, so inflict on me
the punishment ordained by Allah.
 He (the Prophet) turned away from him, so he came back and said: Apostle of Allah! I have
committed fornication, so inflict on me the punishment ordained by Allah.
 He (again) turned away from him, so he came back and said: Apostle of Allah! I have
committed fornication, so inflict on me the punishment ordained by Allah.
 When he uttered it four times, the Apostle of Allah (PBUH) said: You have said it four times.
With whom did you commit it?
 He replied: With so and so.
 He (the Prophet) asked: Did you lie down with her?
 He replied: Yes.
 He (the Prophet) asked: Had your skin been in contact with hers?
 He replied: Yes.
 He (the Prophet) asked: Did you have intercourse with her?
 He said: Yes.
 So he (the Prophet) gave orders that he should be stoned to death. He was then taken out to
the Harrah, and while he was being stoned he felt the effect of the stones and could not bear
it and fled. But Abdullah ibn Unays encountered him when those who had been stoning him
could not catch up with him. He threw the bone of a camel's foreleg at him, which hit him and
killed him. They then went to the Prophet (PBUH) and reported it to him.
 He said: Why did you not leave him alone? Perhaps he might have repented and been forgiven
by Allah.
Facts:
 Ma'iz ibn Malik confessed to the Prophet Muhammad about committing fornication with a
slave-girl.
 Initially, the Prophet turned away from him, but Ma'iz persisted, confessing four times.
 The Prophet questioned Ma'iz about the details of the act, confirming the offense.
 Ma'iz was stoned to death as per the prescribed punishment for adultery.
Decision:
 Despite Ma'iz's repeated confession, the Prophet initially turned away, hoping for his
repentance and forgiveness from Allah.
 The Prophet eventually confirmed the offense and ordered the prescribed punishment of
stoning.
 After Ma'iz attempted to flee during the stoning, Abdullah ibn Unays killed him with a thrown
bone.
 The Prophet expressed regret over Ma'iz's death, suggesting that leaving him alone might
have led to repentance and forgiveness from Allah.

POSSIBLE DEFENCES:

HADITH: Sunan al-Tirmidhi 1423, Book 17, Hadith 1

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Principle of the Hadith:

 The hadith establishes exceptions where individuals are not held accountable for their actions.
Quote:
 [Reported by Ali bin Abi Talib] The Messenger of Allah, peace and blessings be upon him, said,
“The pen is lifted from three people: a sleeping person until he awakens, a child until he
becomes an adult, and an insane person until he regains his sanity.”
Facts:
 This is certified as Hadith Sahih according to Al-Albani.
 The Hadith states that the pen of accountability is lifted from three categories of people.
 These categories include:
1. a sleeping person until they awaken;
2. a child until they reach adulthood; and
3. an insane person until they regain sanity.
Decision:
 Individuals falling into these categories are exempt from accountability for their actions.
 They are not held responsible for any deeds committed during these states.

HADITH: Hadith 39, 40 Hadith of an-Nawawi

Principle of the Hadith:

 This hadith outlines instances where Allah pardons or shows leniency towards members of
the Prophet's community for their errors, forgetfulness, and actions compelled by force.
Quote:
 [Related by Ibn Majah] “Verily Allah has pardoned [or been lenient with] for me my ummah:
their mistakes, their forgetfulness, and that which they have been forced to do under duress.”
Facts:
 This qualifies as Hadith Hasan.
 It is attributed to the Prophet Muhammad, stating that Allah has pardoned or shown leniency
to the Prophet's community for THREE (3) things:
1. their mistakes;
2. their forgetfulness; and
3. actions compelled by force.
Decision:
 The hadith highlights the merciful nature of Allah towards His followers.
 Members of the Prophet's community are excused or pardoned for their mistakes, instances
of forgetfulness, and actions done under compulsion.

PUNISHMENT FOR ZINA:

HADITH: Sahih Muslim, Book 17, Number 4205 – Kitab Al-Hudud (The Book Pertaining to Punishments
Prescribed by Islam)

Principle of the Hadith:

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 Illustrates the process of confession, consultation, and decision-making by Prophet

Muhammad.
 The Hadith illustrates the process of seeking purification and repentance for committing
adultery.
 It highlights the importance of sincere repentance and seeking forgiveness from Allah.
Facts:
 [Reported by Abdullah b. Buraida] Ma'iz b. Malik approached Prophet Muhammad multiple
times, seeking purification for his sin of adultery.
 Despite being turned away repeatedly, he persisted in seeking purification.
 Upon Ma'iz's insistence, Prophet Muhammad questioned him about his sin.
 Ma'iz admitted to committing adultery, and there was no indication of intoxication or insanity.
 The people were divided in their opinions about Ma'iz's repentance, some believing he was
doomed due to his sins, while others admired his sincere repentance.
Decision:
 After Ma'iz confessed to adultery, Prophet Muhammad ordered his stoning to death.
 There was a debate among the people regarding Ma'iz's repentance, but Prophet Muhammad
declared that Ma'iz had made such sincere repentance that it would have been enough for all.
 Following Ma'iz's case, a woman from the Ghamid tribe confessed to adultery and became
pregnant as a result.
 Prophet Muhammad ordered that she not be punished until she delivered her child.
 After she gave birth, one of the Ansar took responsibility for the child's care.
 Despite efforts to spare her, the woman was eventually stoned to death for her adultery.