Revealed Laws prior to Shariah of Islam & Fatwa of
Sahaba
Revealed Laws Prior to Shariah of Islam:
Islam believes that all truly divine laws emanate from Almighty Allah
(Ref. Quran 42:13). The Quran contains that the Torah was a source
of guidance (5:44). The question is what it means in terms of
source of law after the revelation of the Quran. The general rule to
be stated is that laws revealed before Islam are not applicable to
the Muslims (except as mentioned hereunder)
The Ahkam (laws) of Islam (Shariah) is
self-contained. The rules of Shariah should not be sought in any
source other than the Quran and Sunnah because the rules of other
religions do not constitute binding proof for the
Muslims.
The Quran refers to the previous Shariah in three
forms :
- The Quran may refer to the Previous Shariah and
make it also obligatory on the Muslims. For instance, fasting was
prescribed on the earlier nations and has also been prescribed for
Muslims (Baqarah 2:183). Such rulings of the previous Shariah
are parts of Islamic Shariah.
- Secondly, the Quran (or Sunnah) may refer to a
ruling of previous Shariah and may abrogate it. For instance, some
restrictions on food on the Jews have been withdrawn from the
Muslims in the Quran (Ref. 6:146). Muslims can not follow
previous Shariah in these respects.
- Thirdly, the Quran may mention a ruling of the
previous Shariah without mentioning whether it is upheld or
abrogated (for instance, 5:35, 5:48). Majority of Jurists
consider these to be part of Shariah of Islam which should be
followed. Minority does not accept this position (see, the
arguments of both sides in the text book). Majority position is
correct in this respect according to Hashim Kamali.
Fatwa of Sahaba (companion of the Prophet(SM)): Fatwa
(opinion or ruling) of Sahaba is indeed very important and deserves
highest consideration, they being close to the Prophet (SM) and
because of their direct knowledge from the Prophet (SM). There is
some disagreement as to who is a Sahabi. Majority hold that anybody
who met the Prophet (SM) while believing, is a Sahabi. Minority hold
that "Suhbat" (continuity of companionship) is a requirement to call
person Sahabi of the Prophet (SM) (Shawqani, Irshad quoted by
Kamali). Both points of view have justifications and can not be
ignored. The fact of being Sahabi can be established by continuous
Testimony (tawatur) or by affirmation of any other companion or even
by own claim (if the person is upright).
Fatwa of Sahaba means an opinion reached by a Sahaba
by way of Ijtihad. As regards whether fatwa of Sahaba constitute a
proof on succeeding generations, there are three views:
1. First view: It is an absolute proof. The proponents of this view quote
the Quranic verses 9:100 and 3:109. They also quote Hadith like "my
companions are like stars" or "Honour my companions". First view is
held by Imam Malik. Imam Shafii and Ahmad Bin Hanbal also have been
quoted in its support.
Against this view, it has been suggested that these
refer to the status and dignity of Sahaba. These are not categorical
(Qati) regarding compulsion to obey their decisions).
2. Second view: Ijtihad of a companion is not a proof and does not bind the
succeeding generations. Hanafi jurist Abul Hasan al Karkhi, Imam
Ahmed (according to one view of him) and Asharite and Mutazilite
scholars hold this view. They quote the Quranic Ayat 59:2
("Consider, O You who have vision"). It is argued that the Ayat
makes Ijtihad an obligation of all who are competent and makes no
distinction between Sahabis and others. Imam Gazali and Amidi
consider it preferred view. To me this is the best
view.
3. Third view is that of Abu Hanifa himself. He says
that ruling of a companion is a proof if in conflict with Qiyas, but
not when it agrees with Qiyas. The aforesaid are the main views.
There are some other views which may be seen in the books of Usul or
in the text book by Hashim Kamali.
It can be concluded that the Fatwa of a companion is
a source of guidance which merits careful consideration (though not
binding except in case of their clear Ijma).
