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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 mentioning Allah`s name upon slaughtering an animal?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
It is a Sunnah (prophetic tradition) for the person slaughtering to say: "Bismillah" (In the Name of Allah), though the most complete and perfect phrasing is to say: "Bismillah ar-Rahman ar-Rahim" (In the Name of Allah, the Most Gracious, the Most Merciful). This is in accordance with the words of Allah Almighty: "So eat of that [meat] upon which the name of Allah has been mentioned." (Al-An'am/118)
 
However, pronouncing it is not an obligatory requirement (Wajib). If someone omits it—whether deliberately or out of forgetfulness—the meat remains entirely lawful (Halal) to eat, though purposely omitting it is considered disliked (Makruh). And Allah the Almighty Knows Best.

What is the ruling on using the *subḥah* (prayer beads) to count during *tasbīḥ* and *dhikr*?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is recommended to use the ordinary or electronic subḥah (prayer beads or counter) to count tasbīḥ, dhikr, and istighfār, because it helps one to remember Allah. Many reports have been transmitted from the Companions and the Followers (tābiʿūn) showing that they continued to use strings of date pits as an aid to dhikr and tasbīḥ.
It is one of the lawful means of worship. Indeed, what is established from the Prophet (peace and blessings be upon him), namely that he counted tasbīḥ on his right hand, shows that it is permissible to count tasbīḥ with whatever helps a Muslim keep track of the number. There is therefore no basis for calling it an innovation (bidʿah), and we know of no jurist who said so.
Al-Ḥāfiẓ al-Suyūṭī (may Allah have mercy on him) wrote a dedicated treatise on the subject titled al-Minḥah fī al-Subḥah, printed within al-Ḥāwī li’l-Fatāwī (vol. 4–6).
Shaykh al-Islām Imam Ibn Ḥajar al-Haytamī (may Allah have mercy on him) was asked: Does the subḥah have a basis in the Sunnah? He replied: “Yes, and al-Ḥāfiẓ al-Suyūṭī wrote on this. Among the evidence is what is authentically reported from Ibn ʿUmar (may Allah be pleased with them both): ‘I saw the Prophet (peace and blessings be upon him) counting tasbīḥ on his hand.’ Ibn Abī Shaybah, Abū Dāwūd, and al-Tirmidhī also narrated: ‘Hold fast to tasbīḥ, tahlīl, and taqdīs, and do not be heedless, lest you forget the affirmation of Allah’s oneness (tawḥīd). Count them on the fingertips, for they will be questioned and made to speak.’ Counting tasbīḥ with pebbles, date pits, and a knotted string has also been reported from a group of the Companions and those after them. Some scholars held that counting on the fingertips is better than the subḥah, based on the ḥadīth of Ibn ʿUmar. Others distinguished, saying: if the one reciting is safe from miscounting, counting on the fingertips is better; otherwise the subḥah is better.” [al-Fatāwā al-Fiqhiyyah al-Kubrā, Vol.1/p.152]. And Allah Almighty knows best.

What is the ruling on Jumu‘ah (Friday) prayer for a traveler, and what are the conditions for it to be waived from him?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Jumu‘ah (Friday) prayer is not obligatory upon a traveler, whether on a long or short journey, provided that — according to the Shāfi‘ī school — he departs from his place of residence before the time for Fajr prayer begins, and that he does not intend to stay in the place he travels to for four days or more, excluding the day of arrival and the day of departure. If he intends to stay longer than that, he may not make use of the travel concession simply by arriving in that town. If he begins his journey after the adhān for Fajr has already been called, then Jumu‘ah prayer remains obligatory upon him, whether in his own town or in any town where Jumu‘ah is being held.
It is stated in Bushrā al-Karīm (Vol.1/p.383), from the books of the Shāfi‘ī school: "Jumu‘ah [prayer] is not obligatory upon a traveler on a permissible journey, whether long or short, if he departs from his place of residence before Fajr."
A "short journey" refers to travel covering a distance shorter than that of a long journey — that is, less than (81 km). The traveler begins to be entitled to travel concessions once he passes beyond the built-up limits of his town. And Allah, the Exalted, knows best.

What is the ruling on wiping the front of the head beneath the ḥijāb, and is it permissible to wipe over the ḥijāb if it was put on while in a state of purification (wudu`)?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is permissible to wipe the front portion of the head (nāṣiyah) with the fingertips. It is likewise sufficient to place a wet hand over a head covering (ḥijāb), provided the moisture actually reaches the hair beneath it — if it does not, it does not suffice. A head covering is not treated in the same manner as leather socks (khuff) and may not be wiped over in lieu of the head itself.
Imām al-Nawawī, may Allah have mercy upon him, states in al-Majmūʿ (Vol.1/P.407): "If a person is wearing a turban and does not wish to remove it — whether for a valid reason or otherwise — he should wipe the entire front portion of the head... The same ruling applies to whatever a woman wears on her head. If, however, he confines himself to wiping over the turban without wiping any part of the head itself, this does not suffice — and there is no disagreement among us on this point." He further states: "A woman is like a man in the manner of wiping the head... She should insert her hand beneath her head covering so that the wiping falls upon the hair itself. If she places her wet hand over her head covering, our scholars stated: if the moisture does not reach the hair, it does not suffice her." And Allah the Almighty knows best.