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The Prophetic Sunnah as a Fundamental Source of Legislation
Author : Dr Noah Ali Salman
Date Added : 17-02-2026

The Prophetic Sunnah as a Fundamental Source of Legislation

 

All praise is due to Allah, Lord of the worlds. May Allah send blessings and peace upon our Master Muḥammad, and upon his family and all his Companions.

Whoever examines the noble science of Prophetic ḥadīth realizes that it is a divine inspiration from Allah, Most Blessed and Exalted, through which He preserved His religion and His Sharīʿah, so that the Sunnah would remain safeguarded alongside the Noble Qur’an. Together, they continue to provide Muslims in every age with the guidance they need for felicity in this world and the Hereafter.

Were it not for this divine inspiration and providential care, the scholars of ḥadīth would not have been able to establish such precise and rigorous principles by which the authenticity of reports attributed to the Messenger of Allah ﷺ could be verified.

A Muslim senses this divine preservation when comparing the meticulous transmission of reports concerning our Prophet Muḥammad ﷺ with the state of narrations attributed to previous prophets. One becomes certain that this is among the miracles of this religion, especially when recalling that Islam emerged among an unlettered nation, whereas earlier scriptures were revealed to peoples acquainted with reading, writing, and documentation. Yet Allah testified that distortion occurred among them, saying {what means}: “And indeed, among them is a group who twist their tongues with the Book so that you may think it is from the Book, while it is not from the Book; and they say, ‘It is from Allah,’ while it is not from Allah; and they speak lies about Allah knowingly.” (Āl ʿImrān/78)

There is no doubt that the Noble Qur’an has been preserved with absolute certainty. Everything within it is from Allah, and what we possess today is the entirety of the Qur’an that the Messenger of Allah ﷺ was commanded to convey.

As for the Prophetic Sunnah, the scholars of ḥadīth—by the help of Allah—were able to preserve it and establish precise criteria by which what is authentic may be distinguished from what is not among reports attributed to the Prophet ﷺ. These standards are unparalleled, even when compared to the developments in documentation and verification that have emerged in subsequent centuries. Indeed, specialists in documentation may well have benefited from the methodological foundations laid down by the scholars of ḥadīth.

The position of the scholars of ḥadīth was both delicate and grave. On one hand, they feared that something authentically reported from the Prophet ﷺ might be lost or excluded due to strict verification standards. On the other hand, they feared that something not truly from him might be falsely attributed to him—because the first would result in the loss of part of the religion, and the second would introduce into the religion what does not belong to it, thereby obligating the Ummah with what Allah did not obligate.

Imagine the intellectual state of one standing between these two serious concerns. Yet Allah granted them success and inspired them with a methodology that neither allowed any part of the religion to be lost nor permitted fabrication against the Seal of the Messengers. For the Sunnah falls under the divine promise in His saying {what means}: “Indeed, We have sent down the Reminder, and surely We are its Preserver.” (Al-Ḥijr/9)

The standards to which we have alluded were the result of coordinated and integrated scholarly efforts. They developed rational principles of verification, preserved the biographical details of every narrator associated with this knowledge, and refined methods of documentation to such an extent that this magnificent edifice became one of the great achievements of this Ummah and a clear sign of divine support for this religion. For centuries, Muslims benefited from it, finding in the Sunnah that which explains, complements, and clarifies the meanings of the Glorious Qur’an.

With the passage of time, however, the Muslim Ummah encountered new cultural circumstances due to interaction with other nations and exposure to foreign intellectual traditions. This occurred during periods of material weakness, social instability, and confrontation with cultural, military, and economic incursions—conditions that inevitably affected the Ummah negatively.

Consequently, some began to approach the science of ḥadīth as though it were merely a set of rigid mathematical formulas devoid of human, social, or cultural dimensions. Their aim, in many cases, was to undermine confidence in certain ḥadīth texts that had long been accepted by the righteous predecessors but did not appeal to those influenced by foreign ideologies.

Others went further, casting aspersions upon the great luminaries of ḥadīth scholarship for various reasons, including the pursuit of prominence—despite being wholly dependent upon those very scholars. For they did not receive ḥadīth directly from the Messenger of Allah ﷺ; rather, they received them through those early authorities. Nor did they personally meet the narrators; they knew them only through the biographies documented by earlier scholars. Nor did they independently establish the principles of this science; they inherited them refined and scrutinized. Yet, under the banner of objectivity and academic detachment, they allowed themselves to criticize those from whom they derived their knowledge.

More troubling still are those who seek to remove the Sunnah entirely from its legislative authority, arguing that it is not transmitted through mass transmission (tawātur), and thus claiming that only the Qur’an should remain as a source of law. In doing so, they free themselves from the obligations and responsibilities established by the Sunnah and interpret the Qur’an according to their own inclinations—exploiting verses that allow multiple interpretations to suit their preferences. In reality, this only exposes their ignorance. For just as Allah commanded obedience to Himself, He also commanded obedience to His Messenger: “Obey Allah and obey the Messenger.” (Al-Mā’idah/92)

Moreover, certain aspects of the Qur’an cannot be understood without the Sunnah. Where in the Qur’an are specified the number of daily prayers, their units, their timings, and their manner of performance?

In any case, this confusion surrounding the Sunnah and its texts finds acceptance only among those who are ignorant of the science of ḥadīth and unaware of the circumstances and integrity of its scholars. It has been said: “Whoever is ignorant of something will oppose it.”

Therefore, a scholarly revival is necessary—one that removes doubts, restores proper understanding of the science of ḥadīth, and addresses each era in language comprehensible to its people. Such efforts must clarify the principles governing the interpretation of texts and the evaluation of their narrators, explaining methodologies through analysis, illustration, and example. In this way, readers may come to appreciate this science as it truly is in the understanding of its rightful inheritors among the righteous predecessors—those who sought only the pleasure of Allah, the service of His religion, and the benefit of the Muslims, even if no recognition were ever attributed to them.

Perhaps through such endeavors, the living awareness of the science of ḥadīth will be renewed in the minds of the Ummah, as it rightfully deserves.

And may Allah send blessings and peace upon our Master Muḥammad, and upon his family and Companions.

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Summarized Fatawaa

What is the ruling on X-ray imaging while fasting in Ramadan?

X-ray imaging itself does not break the fast. However, if a person ingests a contrast agent or medication to enhance the imaging process through an open passage to the body cavity (jauf)—such as the mouth or rectum—then their fast is invalidated.

What is the ruling of Islamic Law on wudu (ablution) when there is an adhesive substance on the hand that is difficult to remove?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The general principle is: if what is applied to the limbs of wudu' (ablution) does not form a barrier substance preventing water from reaching the skin, then the wudu' is valid despite its presence. However, if these substances prevent water from reaching the skin, the wudu' is not valid with their presence, and they must be removed so that water reaches the hair or skin without any barrier.
Shaykh al-Islam, the Imam an-Nawawi, may Allah have mercy on him, says: "If there is wax, dough, henna, or similar substances on some of his limbs [of wudu'], and this prevents water from reaching any part of the limb, then his purification (tahara) is not valid — regardless of whether the amount is much or little. But if there remains on the hand or elsewhere only the trace and color of the henna, without its substance [i.e., the physical residue itself], or the trace of a liquid oil such that the water touches the skin of the limb and flows over it, though it does not remain [as a barrier] — then his purification is valid." [Al-Majmu' , Vol.1/P.529]. And Allah, the Exalted, knows best.

What are the legal and religious consequences for a charitable organization in the event that a sacrificial animal is damaged or spoiled after slaughter?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
Charitable organizations entrusted with slaughtering sacrificial animals (uḍḥiyyah) and distributing their meat on behalf of their owners are obligated to safeguard the meat from spoilage, damage, theft, and any other harm. This is because such organizations act as agents (wukalā') on behalf of those offering the sacrifice, and an agent holds what is entrusted to them in trust (amānah) — whether they receive a wage for their work or act on a voluntary basis.
If the sacrificial animal is damaged after slaughter during the processes of packaging, transportation, or storage due to negligence or oversight — whether on the part of the organization's own staff overseeing the operation, or on the part of third parties contracted by the organization such as transport or shipping companies — then liability falls upon the negligent party, who is required to compensate for the value of the sacrifice. It is not permissible to cover such compensation from the organization's other donor funds.
However, if the damage to the sacrificial animal occurs without any negligence in its preservation and storage on the part of any party involved in the transportation, shipping, or storage process, and is instead attributable to force majeure circumstances beyond their control, then no financial liability is borne by any party in such a case. And Allah Almighty knows best.

What are the conditions for a valid Udhiyah?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
First: The age of the animal must meet the Sharia requirements. These requirements vary depending on the type of sacrifice:
 
Camels: Must have completed five years and entered their sixth.
 
Cows: Must have completed two years and entered their third.
 
Goats: Must have completed two years and entered their third. As for Sheep, they must have completed one year and entered their second.
 
Some scholars have permitted goats that have completed one year and entered their second.
 
The Hanafi school, along with an opinion in the Maliki school, permits sacrificing sheep that are at least six months old, provided they are healthy and physically substantial. According to the Shafi’i school, it is permissible if the sheep sheds its front teeth (ajdha') before reaching one year [Al-Iqna’, by Al-Shirbini (Vol.2/P.588)].
 
Second: Soundness and freedom from defects. The animal must be free from any defect that causes a decrease in its meat or market value. This is based on the hadith narrated by Al-Bara' bin 'Azib, that the Prophet (peace be upon him) said:
 
"Four [defects] are not permissible in sacrifices: A one-eyed animal whose blindness is evident, a sick animal whose illness is evident, a lame animal whose lameness is evident, and an emaciated animal that has no marrow in its bones." [Reported by Abu Dawood and Al-Tirmidhi, who graded it as authentic].
 
These defects are detailed as follows:
 
Evident Lameness: It is not permissible to sacrifice a lame animal if the lameness is severe enough to prevent it from walking to the pasture or seeking food, as this leads to a decrease in its meat. However, slight lameness that does not hinder its grazing is overlooked.
 
Evident Blindness (One-eyed): It is not permissible to sacrifice a sheep, cow, or camel that has a white film over its eye blocking light, or one that has lost an eye entirely. Weak vision that does not affect its ability to eat does not prevent the sacrifice from being valid.
 
Evident Illness: An animal with a clear sickness that prevents it from eating or moving is not valid. This includes severe mange (Jarab) that spoils the meat.
 
Extreme Emaciation: An animal so thin that there is no marrow left in its bones is invalid. The standard for emaciation that invalidates the sacrifice is that which spoils the quality of the meat to the point that people would find it undesirable even in times of plenty.
 
Additional Considerations:
These are the defects mentioned in the Prophetic tradition, and any defect that causes emaciation or reduces the meat or value is compared to them by analogy. This includes animals that are mentally unstable (diseased), those with mange, or those with a missing ear. In contrast, a slit or pierced ear does not affect the validity of the sacrifice. And Allah the Almighty knows best.