How is the Sunnah used as Primary source of law? Feb 06 The mandatory verses of the Quran are those dealing with obligations or commands cover all phases of human life. Since it covers a vast field comprising religious rites such as prayers, fasting, zakat, pilgrimage, jihad etc. Civil affairs like the ethics for buying and selling, usury. Criminal affairs like theft, murder etc. Family and personal affairs like marriage, divorce, inheritance etc political affairs like laws of war, relations with Muslims and Non Muslims, abiding to treaties and war booty. All these are mentioned in the Quran briefly or just touched upon and details are not provided. The working out was left on the Prophet as the Holy Quran endorses, Indeed in the Messenger you have the best example to follow. Thus the judgement passed by the Holy Prophet is considered as valid a law, as one directly revealed in the Quran. He who follows the apostle follows Allah. The Sunnah of the Prophet is the commentary of the Quran. In other words we can say it restricts, qualifies or elaborates these commands. For example the Quran says, establish regular prayers and give charity. However, it is only through the Sunnah of Hz Muhammad that we get to know the details of the timings of Salah, the types of Salah, the conditions for Salah, the methodology of Salah, the situations in which Salah can be combined, shortened and delayed. The performance of Eid, Friday and Funeral prayers. Thus we can say the Sunnah acts as a manual to understand and apply the teachings of the Divine book The Holy Quran. The Sunnah also elaborates the kinds of wealth in which zakat is to be paid and the amount to be paid in each case as well as the time of obligation. An example of the the restriction of general meaning is to be found in inheritance. For the male, two shares of the female. The Sunnah further explains that the murderer will not inherit. An example of elaboration is in the case of theft. The Quran says, for the thief, male or female, cut the hands. The Sunnah explains that it is the right hand that is to be cut from the wrist. The Sunnah also lays down the minimum requirements for the application of the punishment for example what and how much is stolen. The Sunnah sometimes lays down rules that are not mentioned in the Quran for example the Quran has permitted the consumption of seafood and prohibited carrion. The case of the fish was controversial as it dies after being taken out of water making it impossible to slaughter. The Sunnah linked it with permitted food.Sea water is pure and its carrion is permitted. Hence Muslims are not required to slaughter fish before consumption. The function of the Sunnah here is analytical development of law. The Sunnah performs analogy on the basis of a rule in the Quran for example the Quran prohibits the marriage of two sisters to one man at one time and then says what is besides this is permitted. The case of marriage of aunt and niece to one man at one time is also similar because of a common underlying cause. The Sunnah therefore prohibits such marriages also. The Sunnah also elaborates the meanings of the words in the Quran. An example of this is the distinction of the white thread from the black thread during the month of Ramadhan. And eat and drink until the white thread appears to you distinct from its black thread; then complete your fast till night appears. The Sunnah explains that this is the light of the day and darkness of the night.
Posted on: Wed, 30 Oct 2013 20:10:43 +0000
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