Qur'an and Sunnah Distinguished

[ابوالوليد المسلم]

Qur'an and Sunnah Distinguished (1/3)

M. H. Kamali




The Qur’an was recorded in writing from beginning to end during the lifetime of the Prophet, who ascertained that the Qur'an was preserved as he received it through divine revelation. The Prophet clearly expressed the concern that nothing of his own Sunnah should be confused with the text of the Qur'an. This was, in fact, the main reason why he discouraged his Companions, at the early stage of his mission in any case,[1] from reducing the Sunnah into writing lest it be confused with the Qur'an. The Sunnah on the other hand was mainly retained in memory by the Companions who did not, on the whole, keep a written record of the teachings of the Prophet. There were perhaps some exceptions as the relevant literature suggests that some, though a small number, of the Companions held collections of the Hadith of the Prophet which they wrote and kept in their private collections. The overall impression obtained is, however, that this was done on a fairly limited scale.
The Companions used to verify instances of doubt concerning the text of the Qur'an with the Prophet himself, who would often clarify them through clear instruction. This manner of verification is, however, unknown with regard to the Sunnah.[2]
The entire text of the Qur'an has come down to us through continuous testimony (tawatur) whereas the Sunnah has in the most part been narrated and transmitted in the form of solitary, or Ahad, reports. Only a small portion of the Sunnah has been transmitted in the form of Mutawatir.
The Qur'an in none of its parts consists of conceptual transmission, that is, transmission in the words of the narrator himself. Both the concepts and words of the Qur'an have been recorded and transmitted as the Prophet received them. The Sunnah on the other hand consists, in the most part, of the transmission of concepts in words and sentences that belong to the narrators. This is why one often finds that different versions of the one and the same Hadith are reported by people whose understanding or interpretation of a particular Hadith is not identical.
The scope of ikhtilaf, or disagreement, over the Sunnah is more extensive than that which may exist regarding the Qur'an. Whereas the ulema have differed in their understanding/interpretation of the text of the Qur'an, there is no problem to speak of concerning the authenticity of the contents of the Qur'an. But disagreement over the Sunnah extends not only to questions of interpretation but also to authenticity and proof, issues which we shall further elaborate as our discussion proceeds.[3]
Priority of the Qur'an over the Sunnah
As Sunnah is the second source of the Shari'ah next to the Qur'an, the mujtahid is bound to observe an order of priority between the Qur'an and Sunnah. Hence in his search for a solution to a particular problem, the jurist must resort to the Sunnah only when he fails to find any guidance in the Qur'an. Should there be a clear text in the Qur'an, it must be followed and be given priority over any ruling of the Sunnah which may happen to be in conflict with the Qur'an. The priority of the Qur'an over the Sunnah is partly a result of the fact that the Qur'an consists wholly of manifest revelation (wahy zahir) whereas the Sunnah mainly consists of internal revelation (wahy batin) and is largely transmitted in the words of the narrators themselves. The other reason for this order of priority relates to the question of authenticity. The authenticity of the Qur'an is not open to doubt, it is, in other words, qati, or decisive, in respect of authenticity and must therefore take priority over the Sunnah, or at least that part of Sunnah which is speculative (zanni) in respect of authenticity. The third point in favor of establishing an order of priority between the Qur'an and the Sunnah is that the latter is explanatory to the former. Explanation or commentary should naturally occupy a secondary place in relationship to the source.[4]
Furthermore, the order of priority between the Qur'an and Sunnah is clearly established in the Hadith of Mu'adh b. Jabal which has already been quoted. The purport of this Hadith was also adopted and communicated in writing by 'Umar b. al-Kattab to two judges, Shurayh b. Harith and Abu Musa al-Ash'ari, who were ordered to resort to the Qur'an first and to the Sunnah only when they could find no guidance in the Qur'an.[5]
A practical consequence of this order of priority may be seen in the Hanafi distinction between fard and wajib. The former is founded in the definitive authority of the Qur'an, whereas the latter is founded in the definitive Sunnah, but is one degree weaker because of a possible doubt in its transmission and accuracy of content. These are some of the factors which would explain the general agreement of the ulema to the effect that the authority of Qur'an overrides that of the Sunnah.[6]
There should in principle be no conflict between the Qur'an and the authentic Sunnah. If, however, a conflict is seen to exist between them, they must be reconciled as far as possible and both should be retained. If this is not possible, the Sunnah in question is likely to be of doubtful authenticity and must therefore give way to the Qur’an. No genuine conflict is known to exist between the Mutawatir Hadith and the Qur'an. All instances of conflict between the Sunnah and the Qur'an, in fact, originate in the solitary, or Ahad, Hadith, which is in any case of doubtful authenticity and subordinate to the overriding authority of the Qur'an.[7]
It has, however, been suggested that establishing such an order of priority is anomalous and contrary to the basic role that the Sunnah plays in relation to the Qur'an. As the familiar Arabic phrase, al-Sunnah qadiyah 'ala al-kitab (Sunnah is the arbiter of the Qur'an) suggests, it is normally the Sunnah which explains the Qur’an, not vice versa. The fact that the Sunnah explains and determines the precise meaning of the Qur’an means that the Qur'an is more dependent on the Sunnah than the Sunnah is on the Qur’an.[8]
In the event, for example, where the text of the Qur'an imparts more than one meaning or when it is conveyed in general terms, it is the Sunnah which specifies the meaning that must prevail. Again, the manifest (Zahir) of the Qur'an may be abandoned by the authority of the Sunnah, just as the Sunnah may qualify the absolute (mutlaq) in the Qur'an. The Qur'an on the other hand does not play the same role with regard to the Sunnah. It is not the declared purpose of the Qur'an to explain or clarify the Sunnah, as this was done by the Prophet himself. Since the Sunnah explains, qualifies, and determines the purport of the Qur'an, it must take priority over the Qur'an. If this is admitted, it would follow that incidents of conflict between the Qur'an and Sunnah must be resolved in favor of the latter. Some ulema have even advanced the view that the Hadith of Mu'adh b. Jabal (which clearly confirms the Qur'an's priority over the Sunnah) is anomalous in that not everything in the Qur'an is given priority over the Sunnah.[9]
For one thing, the Mutawatir Hadith stands on the same footing as the Qur'an itself. Likewise, the manifest (Zahir) of the Qur'an is open to interpretation and ijtihad in the same way as the solitary, or Ahad, Hadith; which means that they are more or less equal in these respects. Furthermore, according to the majority opinion, before implementing a Qur'anic rule one must resort to the Sunnah and ascertain that the ruling in question has not been qualified in any way or given an interpretation on which the text of the Qur'an is not self-evident.[10]

(Continued)

[1] The Prophet had initially ordered his Companions not to write anything other than the Qur'an from him. This was' however' later amended and the Prophet permitted the writing of his Sunnah. Badran (Usul, pp. 83-84) refers to at least two instances where the Prophet allowed his instructions to be reduced into writing.

[2] Shaltut, Al-Islam, p.511.

[3] Shaltut, Al- Islam, p. 512.

[4] Cf. Shatibi, Muwafaqat, IV, 3; Badran, Usul, p. 101.

[5] Shatibi, IV, 4; Siba'i, Sunnah, p. 377; Badran, Usul, p. 82. Shatibi adds that two other prominent Companions, 'Abd Allah b. Mas'ud, and 'Abd Allah b. 'Abbas are on record as having confirmed the priority of the Qur'an over the Sunnah.

[6] Shatibi, IV, 4.

[7] Cf. Badran, Usul, p. 102.

[8] While quoting Awza'i on this point, Shawkani (Irshad, p. 33) concurs with the view that the Sunnah is an independent source of Shari'ah, and not necessarily, as it were, a commentary on the Qur'an only See also Shatibi, Muwafaqat, IV, 4.

[9] See Shatibi, Muwafaqat, IV, 5.

[10] See Shatibi, Muwafaqat, IV, 5., see also Siba`i, Al-Sunnah, pp. 378-79.

[ابوالوليد المسلم]

Qur'an and Sunnah Distinguished (2/3)

M. H. Kamali


In response to the assertion that the Sunnah is the arbiter of the Qur'an, it will be noted, as al-Shatibi points out, that this need not interfere with the order of priority in favor of the Qur'an. For in all cases where the Sunnah specifies or qualifies the general or the absolute terms of the Qur'an, the Sunnah in effect explains and interprets the Qur'an. In none of such instances is the Qur'an abandoned in favor of the Sunnah. The word qadiyah (arbiter) in the expression quoted above therefore means mubayyinah (explanatory) and does not imply the priority of the Sunnah over the Qur'an. The textual rulings of the Qur’an concerning theft and the obligation of zakah have, for example, been qualified by the Sunnah. However, it is only proper to say that in both these cases, the Sunnah elaborates the general rulings of the Qur'an, and it would hardly be accurate to suggest that the Sunnah has introduced anything new or that it seeks to overrule the Qur'an. When an interpreter explains a particular legal text to us, it would hardly be correct to say that we act upon the words of the interpreter without referring to the legal text itself.[1]
Furthermore, the explanatory role of the Sunnah in relationship to the Qur'an has been determined by the Qur'an itself, where we read in an address to the Prophet in Surah al-Nahl (16:44): 'We have sent down to you the Remembrance so that you may explain to the people what has been revealed to them.' The correct conclusion drawn from this and similar Qur'anic passages is that the Sunnah, being explanatory to the Qur'an, is subordinate to it.[2]
Is Sunnah an Independent Source?
An adequate answer to the question as to whether the Sunnah is a mere supplement to the Qur'an or a source in its own right necessitates an elaboration of the relationship of the Sunnah to the Qur'an in the following three capacities:
Firstly,the Sunnah may consist of rules that merely confirm and reiterate the Qur’an, in which case the rules concerned originate in the Qur'an and are merely corroborated by the Sunnah. The question as to whether the Sunnah is an independent source is basically redundant with regard to matters on which the Sunnah merely confirms the Qur'an, as it is obvious that in such cases the Sunnah is not an independent source. A substantial part of the Sunnah is, in fact, of this variety: all ahadith pertaining to the five pillars of the faith and other such matters like the rights of one's parents, respect for the property of others, and ahadith which regulate homicide, theft and false testimony, etc., basically reaffirm the Qur'anic principles on these subjects.[3]
To be more specific, the Hadith that "it is unlawful to take the property of a Muslim without his express consent,[4] merely confirms the Qur'anic ayah which orders the Muslims to "devour not each other's properties unlawfully unless it is through trade by your consent” (Surah al-Nisa, 4:19). The origin of this rule is Qur'anic, and since the foregoing Hadith merely reaffirms the Qur’an, there is no room for saying that it constitutes an independent authority in its own right.
Secondly, the Sunnah may consist of an explanation or clarification to the Qur’an; it may clarify the ambivalent (mujmal) of the Qur’an, qualify its absolute statements, or specify the general terms of the Qur'an. This is once again the proper role that the Sunnah plays in relationship to the Qur’an: it explains it. Once again a substantial part of the Sunnah falls under this category. It is, for example, through this type of Sunnah that Qur'anic expressions like salah, zakah, hajj and riba, etc., have acquired their juridical (shari') meanings. To give another example, with regard to the contract of sale the Qur'an merely declares sale to be lawful as opposed to riba, which is forbidden. This general principle has later been elaborated by the Sunnah which expounded the detailed rules of Shari'ah concerning sale, including its conditions, varieties, and sales which might amount to riba. The same could be said of the lawful and unlawful varieties of food, a subject on which the Qur'an contains only general guidelines while the Sunnah provides the details.[5]
Again, on the subject of bequest, the Qur'an provides for the basic legality of bequest and the rule that it must be implemented prior to the distribution of the estate among the heirs (see Surah al-Nisa', 4:12). The Sunnah supplements these principles by enacting additional rules which facilitate a proper implementation of the general principles of the Qur'an.[6]
The foregoing two varieties of Sunnah between them comprise the largest bulk of Sunnah, and the ulema are in agreement that these two types of Sunnah are integral to the Qur'an and constitute a logical whole with it. The two cannot be separated or taken independently from one another. It is considered that the Sunnah which qualifies or elaborates the general provisions of the Qur'an on devotional matters (ibadat), on the punishment of theft, on the duty of zakat, and on the subject of bequest, could only have originated in divine inspiration (ilham), for these cannot be determined by means of rationality and ijtihad alone.[7]
Thirdly, the Sunnah may consist of rulings on which the Qur'an is silent, in which case the ruling in question originates in the Sunnah itself. This variety of Sunnah, referred to as al-Sunnah al-muassisah, or 'founding Sunnah', neither confirms nor opposes the Qur'an, and its contents cannot be traced back to the Holy Book. It is only this variety of Sunnah which lies in the centre of the debate as to whether the Sunnah is an independent source of law. To give some examples: the prohibition regarding simultaneous marriage to the maternal and paternal aunt of one's wife (often referred to as 'unlawful conjunction'), the right of pre-emption (shuf'), the grandmother's entitlement to a share in inheritance, the punishment of rajm, that is, death by stoning for adultery when committed by a married Muslim - all originate in the Sunnah as the Qur'an itself is silent on these matters.[8]
There is some disagreement among jurists as to whether the Sunnah, or this last variety of it at any rate, constitutes an independent source of Shari'ah. Some ulema of the later ages (al-muta’akhkhirun), including al-Shatibi and al-Shawkani, have held the view that the Sunnah is an independent source.[9]
They have further maintained that the Qur'anic ayah in Surah al-Nahl (16:44 - quoted above) is inconclusive and that despite its being clear on the point that the Prophet interprets the Qur'an it does not overrule the recognition of the Sunnah as an independent source. On the contrary, it is argued that there is evidence in the Qur'an which substantiates the independent status of Sunnah. The Qur'an, for example, in more than one place requires the believers to 'obey God and obey His Messenger’, (see Surah al-Nisa. 4:58; 4:80; Surah al-Ma'idah, 5:92). The fact that obedience to the Prophet is specifically enjoined next to obeying God warrants the conclusion that obedience to the Prophet means obeying him whenever he orders or prohibits something on which the Qur'an might be silent. For if the purpose of obedience to the Prophet were to obey him only when he explained the Qur'an, then 'obey God' would be sufficient and there would have been no need to add the phrase 'obey the Messenger'.[10]
Elsewhere the Qur'an clearly places submission and obedience to the Prophet at the very heart of the faith as a test of one's acceptance of Islam. This is the purport of the ayah which reads:
'By thy Lord, they will not believe till they make thee the judge regarding disagreements between them, and find in themselves no resistance against the verdict, but accept it in full submission' (Surah al-Nisa, 4:65).

(Continued)

[1] Shatibi, Muwafaqat, IV, 5.

[2] Shatibi, Muwafaqat, IV, 6.

[3] Siba'i, Al-Sunnah, p. 379; Khallaf, 'Ilm, p. 39; Badran, Usul, p. 102.

[4] Bayhaqi, Al-Sunan al-Kubra', III, 10.

[5] Ibn Qayyim, I'lam, II, 238; Siba'i, Al-Sunnah, p. 380; Badran, Usul, pp. 103-105.

[6] Badran, Bayan, p. 6.

[7] Badran, Bayan, p. 7.

[8] Ibn Qayyim, I'lam, II, 233; Khallaf, 'Ilm, p. 40; Siba'i, Al-Sunnah, p. 380.

[9] Cf. Shawkani, Irshad, p. 33; Siba'i, Al-Sunnah, p. 380.

[10] Shatibi, Muwafaqat, IV, 7.

[ابوالوليد المسلم]

Qur'an and Sunnah Distinguished (3/3)

M. H. Kamali



Furthermore, the proponents of the independent status of the Sunnah have quoted the Hadith of Mu'adh b. Jabal in support of their argument. The Hadith is clear on the point that the Sunnah is authoritative in cases on which no guidance can be found in the Qur'an. The Sunnah, in other words, stands on its own feet regardless of whether it is substantiated by the Qur'an or not[1].

According to the majority of ulema, however, the Sunnah, in all its parts, even when it enacts original legislation, is explanatory and integral to the Qur'an. [73. Cf. Abu Zahrah, Usul, p. 82.] Al-Shafi'i's views on this matter are representative of the majority position. In his Risalah, al-Shafi'i' states:

I do not know anyone among the ulema to oppose [the doctrine] that the Sunnah of the Prophet is of three types: first is the Sunnah which prescribes the like of what God has revealed in His Book; next is the Sunnah which explains the general principles of the Qur'an and clarifies the will of God; and last is the Sunnah where the Messenger of God has ruled on matters on which nothing can be found in the Book of God. The first two varieties are integral to the Qur'an, but the ulema have differed as to the third[2].

Al-Shafi'i goes on to explain the views that the ulema have advanced concerning the relationship of Sunnah to the Qur'an. One of these views, which receives strong support from al-Shafi'i himself, is that God has explicitly rendered obedience to the Prophet an obligatory duty (fard). In his capacity as Messenger of God, the Prophet has introduced laws some of which originate in the Qur'an while others do not. But all Prophetic legislation emanates in divine authority. The Sunnah and the Qur'an are of the same provenance, and all must be upheld and obeyed. Others have held the view that the Prophetic mission itself, that is the fact that the Prophet is the chosen Messenger of God, is sufficient proof for the authority of the Sunnah. For it is through the Sunnah that the Prophet fulfilled his divine mission. According to yet another view there is no Sunnah whose origin cannot be traced back to the Qur'an.

This view maintains that even the Sunnah which explains the number and content of salah and the quantities of zakah as well as the lawful and forbidden varieties of food and trade merely elaborates general principles of the Qur'an[3].

More specifically, all the ahadith which provide details on the lawful and unlawful varieties of food merely elaborate the Qur'anic declaration that God has permitted wholesome food and prohibited that which is unclean (see Surah al-A'raf: 7:157)[4].

The majority view, which seeks to establish an almost total identity between the Sunnah and the Qur'an, further refers to the saying of the Prophet's widow, 'A'ishah, when she attempted to interpret the Qur'anic epithet wa innaka la 'ala khuluqin 'azim ('and you possess an excellent character') (see Surah al-Qalam, 68:4). 'A'ishah is quoted to have said that 'his (the Prophet's) khuluq was the Qur'an'. Khuluq in this context means the conduct of the Prophet, his acts, sayings, and all that he has approved. Thus it is concluded that the Sunnah is not separate from the Qur'an[5].

Furthermore, the majority view seeks to establish an identity between the general objectives of the Qur'an and Sunnah: The Sunnah and the Qur'an are unanimous in their pursuit of the three-fold objectives of protecting the necessities (daruriyyat), complementary requirements (hajiyyat) and the 'embellishments' (tahsiniyyat)[6].

It is then argued that even when the Sunnah broaches new ground; it is with the purpose of giving effect to one or the other of the objectives that have been validated in the Qur'an. Thus the identity between the Qur'an and Sunnah is transferred, from one of theme and subject, to that of the main purpose and spirit that is common to both[7].

And finally, the majority explains that some of the rulings of the Sunnah consist of an analogy to the Qur'an. For example, the Qur'an has decreed that no one may marry two sisters simultaneously. The Hadith (cited below on page 71) which prohibits simultaneous marriage to the maternal and paternal aunt of one's wife is based on the same effective cause ('illah), which is to avoid the severance of close ties of kinship (qat' al-arham). In short, the Sunnah as a whole is no more than a supplement to the Qur'an. The Qur'an is indeed more than comprehensive and provides complete guidance on the broad outline of the entire body of the Shari'ah[8].

In conclusion, it may be said that both sides are essentially in agreement on the authority of Sunnah as a source of law and its principal role in relationship to the Qur'an. They both acknowledge that the Sunnah contains legislation which is not found in the Qur'an[9].

The difference between them seems to be one of interpretation rather than substance. The Qur'anic ayat on the duty of obedience to the Prophet, and those which assign to him the role of the interpreter of the Qur'an, are open to variant interpretations. These passages have been quoted in support of both the views, that the Sunnah is supplementary to the Qur'an, and that it is an independent source. The point which is basic to both these views is the authority of the Prophet and the duty of adherence to his Sunnah. In the meantime, both sides acknowledge the fact that the Sunnah contains legislation which is additional to the Qur'an. When this is recognised, the rest of the debate becomes largely redundant. For what else is there to be achieved by the argument that the Sunnah is an independent source? The partisans of the two views have, in effect, resolved their differences without perhaps declaring this to be the case. Since the Qur'an provides ample evidence to the effect that the Prophet explains the Qur'an and that he must be obeyed, there is no need to advance a theoretical conflict between the two facets of a basic unity. Both views can be admitted without the risk of running into a logical contradiction. The two views should therefore be seen not as contradictory but as logical extensions of one another.

[1] Shatibi, Muwafaqat, IV, 8; Siba'i, Al-Sunnah, p. 383.

[2] Shafi'i, Risalah, pp. 52-53.

[3] Shafi'i, Risalah, pp. 52-53.

[4] Cf. Siba'i, Al-Sunnah, p. 388.

[5] Qurtubi, Tafsir, XVIII, 227.

[6] For further discussion see Chapter xiii on maslahah mursalah.

[7] Cf. Siba'i, Al-Sunnah, p. 388-90.

[8] Cf. Siba'i, Al-Sunnah, p. 388-90

[9] Cf. Siba'i, Al-Sunnah, p. 385.