Comments on: A Question on Sunnah and Custom https://www.virtualmosque.com/islam-studies/prophet-muhammad/a-question-on-sunnah-and-custom-answered-by-dr-bayyah/ Mon, 01 Mar 2010 01:17:43 +0000 hourly 1 https://wordpress.org/?v=7.0.4 By: Haq https://www.virtualmosque.com/islam-studies/prophet-muhammad/a-question-on-sunnah-and-custom-answered-by-dr-bayyah/#comment-12943 Mon, 01 Mar 2010 01:17:43 +0000 http://www.virtualmosque.com/?p=8481#comment-12943 Salaams,
We should be careful when discussing which actions are customary (Jibiliyy) and which are related to the shariah (tashri’i). This is an area related to Maqasid al-sharia (The Science of the aims and objectives of the shariah), which means only qualified scholars may engage in deciphering actions and categorising them based on a judicial attempt to understand they wisdom. Thus this excludes the lay.

Secondly, it is also important to note what Shaykh Tahir ibn Ashur (r) said regarding the difference between customary and shar’i acts:
“You should also know that the capacity which is most specific to God’s Messenger is that of legislation, because that was God’s primary objective in sending him to mankind. Indeed God has stated in the Quran that legislation was the Prophet’s exclusive quality. “Muhammad is only an apostle” (3: 144). For this reason we should consider the statements and actions that ensued from God’s apostle relating to the general condition of the Muslim community to be a matter of legislation unless there is circumstantial evidence to the contrary. “(Treatise on Maqasid al-Sharia, p. 50)

Thus the Asl (default) is that everything the Prophet does is to be followed and is guidance unless there is evidence to suggest otherwise. This means that the burden of proof will be on those who claim a certain action is from the Prophets customary acts (jibiliyya) and not those who claim that it is part of the Shariah. Lastly, I’m not aware of any difference of opinion on this principle as mentioned by Ibn Ashur.

Wassalam
Haq…

]]> By: Najm ad-deen https://www.virtualmosque.com/islam-studies/prophet-muhammad/a-question-on-sunnah-and-custom-answered-by-dr-bayyah/#comment-12942 Sun, 28 Feb 2010 04:56:35 +0000 http://www.virtualmosque.com/?p=8481#comment-12942 One of the ways to understand if something the Prophet (peace be upon him) did is a part of the religion is to look if there is a verbal hadith encouraging it… If there is no hadith that wants us to do it or encourages to do it, this shows that this is only a habit and not ‘sunnah’ in the narrow sense…
Fi amanillah…

]]> By: Muhammad Azlan https://www.virtualmosque.com/islam-studies/prophet-muhammad/a-question-on-sunnah-and-custom-answered-by-dr-bayyah/#comment-12941 Sat, 27 Feb 2010 13:51:56 +0000 http://www.virtualmosque.com/?p=8481#comment-12941 Masha Allah, such wisdom in his answer. May Allah showers him with mercy.

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