Fatwa sahabi

FATWA AL-SAHABI

(RULING OF A COMPANION)

Who is ‘sahabi’ – companion?

• Someone who met the Prophet, believed in him and dies as a believer. (majority)

• Someone who narrated hadith from Prophet Muhammad

• Someone who narrated hadith from the Prophet and joined him in a battle.

05/07/14 © Souva Chattopadhyay

• He is the one who stayed with the Prophet (peace and blessings be upon him) for one year upward or accompanied him in one Ghazwah (battle) or more.

• Companionship is only established through long meeting with the Prophet (peace and blessings be upon him) and the narration of Hadith on his authority.


• Is it limited to man?• Is it limited to an adult?• Is it limited to a person who can see?


What is fatwa al-sahabi?

• Fatwa al-sahabi or qawl al-sahabi means an opinion that the companion has arrived at by way of ijtihad.

• It may be a saying or a considered opinion or a judicial decision that the companion has taken on matters in the absence of a ruling in the Quran or Sunnah.


• After the demise of the Prophet, the Companions were the ones who interpreted the law and developed it where needed.

• They undertook ijtihad, issued rulings, settled cases and became a source of guidance for later generation.


• Fatwa al-sahabi is a proof which commands obedience once it is agreed by all companions (no companion opposed it).

• Example:– Grandmother’s share in inheritance.


• Jurists agree that the ruling of one companion is not a binding proof over another, regardless as to whether the ruling in question was issued by one of the caliphs, a judge or a leading mujtahid among them.


Fatwa of the leading companion

• Sayyidina Ali on the issue of punishment of drinking wine – 80 lashes = qazf punihsment

• Sayyidina Abu Bakr on the issue of inheritance for grandparents

• Sayyina Abu Bakr, the issue of riddah/apostate• Sayyina ‘Uthman, on the issue of compilation

of al-Quran to one mashaf- mashaf ‘Uthmani


Other examples

• The rates of zakah• The determination of dower (mahr)• The determination of the post-natal period• The determination of the minimum and

maximum for the period of menstruation


• It is reported that 'Umar used analogy with respect to zakah when he ordered zakah on horses after he realized that they had become high in value, saying,

• "Should we only take one sheep out of every forty sheep and leave horses with nothing?" 'Umar was followed in that respect by Abu Hanifah13.


• Mu'adh bin Jabal when he was sent by the Messenger, (p) to Yemen the Messenger ordered him to collect zakah from the rich and render it to the poor. He also told him "Take payment in grains out grain holdings, sheep out of sheep holdings, and camel out of camel holdings". Mu'adh understood this saying to mean make it easy for people; take zakah out of what is available. When he found out that people liked to pay the value of zakah (instead of paying in kind) because it was easier for them he welcomed it. When Mu'adh stood in Yemen, he said "You may give me cloth and fabrics instead of corn and rye as long as it is easier for you and beneficial for the migrants in Madinah


• Aisyah: She gave fatwa that the maximum period of pregnancy is 2 years. She said which means: “a child will not be in its mother’s womb more than two years”.

• Anas bin Malik gave a fatwa that the minimal period of menstruation is 3 days

• Umar al-Khattab: the marriage of a man to a woman who’s observing the period of iddah should be ended and he is not allowed to marry her forever.


Is the Fatwa al-Sahabi binding or not?

• Jurists unanimously agreed that the fatwa al-sahabi is a proof (which commands obedience) and binding when it is accepted by all other companions– Eg: the ruling of Sayyidina Abu Bakr that the

portion for a grandmother in inheritance is one-sixth.


The question is:

• WHETHER THE SAYING OR FATWA OF A SINGLE COMPANION SHOULD ALSO BE RECOGNISED AS A PROOF AND GIVEN PRECEDENCE OVER EVIDENCES SUCH AS QIYAS OR THE FATWA OF OTHER MUJTAHIDUN?


FIRST VIEW

• A number of leading jurists from various schools held the view that the fatwa of companion is a proof (hujjah) which must be followed.

• Arguments:– Following the demise of the Prophet, the

leadership of the Muslim community fell in their shoulders.


– A number of them with their intimate knowledge of the Quran and the teachings of the Prophet were able to formulate fatwa and issue decisions on many issues because of their direct access to the Prophet.

– Their views were ocassionally upheld and confirmed by the Quran.• Eg: al-Anfal (8):67 – confirmed the view of S.Abu Bakr

in giving his opinion concerning the treatment that was to be accorded to the prisoners of war following the battle of Badr.


• Imam Malik, one of the two views of imam Shafi’e, one of the two views of Imam Ahmad bin Hanbal and some Hanafi Jurists – the fatwa al-sahabi is a proof absolutely and takes priority over Qiyas regardless as to whether it is in agreement with the Qiyas in question or otherwise.

• Fatwa al-sahabi is a proof of Shari’ah.


• Arguments: Quranic verses– Al-Taubah (9) : 100 – reference to the companions

was made as “…the first and foremost among the Emigrants and Helpers and those who followed them in good deeds, God is well-pleased with them as they are with Him.”

– See page 300 of Prof HK


– A-Li Imran (3) : 109 – “You are the best community that that has been raised for mankind; you enjoin right and you forbid evil.”

– The Quran praises them as ‘the best community’ and as such their example commands authority and respect.


• Conclusion based on the verses:– Following the fatwa of companion is obligatory,

otherwise the Quran would not praise those who followed it in such terms.


• The Prophet said:– “My Companions are like stars, whoever that you

follow will lead you to the right path.– “Honour my Companions, for they are the best

among you, and then those who follow them and then the next generation, and then corruption will proleferate after that…”


– Based on these ahadith, following the way of the Companions is equated with correct guidance, which would imply that their sayings, teachings and fatwa constitute a proof that commands adherence.


SECOND VIEW

• Ash’arites, Mu’tazilah, Imam Ahmad bin Hanbal (one of two views), Hanafi jurist (al-Karkhi) – said that ijtihad of a companion is not a proof and it does not bind the succeeding generations of mujtahidun or anyone else.


• Arguments – Quranic verses– Al-Hasyr (59) : 2 – “Consider O you who have

vision”• It is argued that this verse makes ijtihad the obligation

of everyone who is competent for it and it makes no distinction whether the mujtahid is a companion or anyone else. What is obligatory is ijtihad itself, not adhering to the ijtihad of anyone in particular.• Secondly, mujtahid must rely directly on the sources

and not imitate anyone, including the companion.


• This view find support from al-Ghazali and al-Amidi who said that those who had view different from this have resorted to evidence which is generally weak.

• Al-Shawkani said that the fatwa of companion is not a proof because Muslims are required to follow the Quran and Sunnah. Only sunnah of the Prophet is binding.


• No other individual, whether a companion or not has been accorded a status similar to that of the Prophet.– The opinion of al-Shawkani is criticised by Abu

Zahrah who said that the fact that the saying of companion is an authoritative proof does not render the companions rivals to the Prophet. Their fatwa is more authoritative than other mujtahidun because they were most diligent in observing the Quran and Sunnah due to their closeness to the Prophet.05/07/14 © Souva Chattopadhyay

THIRD VIEW

• Abu Hanifah – fatwa sahabi is a proof when it is in conflict with Qiyas but not so when it agrees with it.

• Why?– (i) when fatwa sahabi conflicts with Qiyas, it is

usually for a reason and it indicates the weakness of the Qiyas.

– (ii) if it agrees with Qiyas then fatwa sahabi is not a separate authority but merely concurs with it.


FOURTH VIEW

• Only the rulings of the four Rightly-Guided Caliphs command authority– The Prophet said ordering the believers that “You

are to follow my Sunnah and the Sunnah of the Khulafa’ al-Rashidun after me.”



FATWA SAHABI

ONLY THE FATWA OF THE 4 CALIPHS IS AUTHORITATIVE

NOT A PROOF AND NOT AUTHORITATIVE

AUTHORITATIVE WHEN IT CONFLICTS WITH QIYAS BUT

NOT IF IT AGREES WITH IT

AUTHORITATIVE AND TAKES PRIORITY OVER

QIYASJU

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VI E

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Opinions of each of 4 Imams

• Imam Shafi’e– “We find that the ulama’ have sometimes followed

the fatwa of companion and have abandoned it at other times; and even those who have followed it are not consistent in doing so.”

– “I follow the ruling of the companion when I find nothing in the Quran, Sunnah or Ijma’, or anything which carries through the implications of these sources.”


– He even preferred the rulings of the first three caliphs over those of the other companions.


• Imam Abu Hanifah– “When I find nothing in the book of God or the

Sunnah of the Prophet, I resort to the sayings of the companions. I may follow the ruling which appeals to me and abandon that which does not, but I do not abandon their views altogether and I do not give preference to others over them.”• Fatwa sahabi takes priority over Qiyas.


• Imam Ahmad bin Hanbal– He divide fatwa al-sahabi into two:• Fatwa which is not opposed by any other companions.

This kind of fatwa is authoritative. Example is the admissibility of the testimony of slaves that is a fatwa of Anas bin Malik. Ibnu Hanbal quoted that he had not known of any one to have rejected the testimony of a slave. It is therefore admissible.


• Secondly the fatwa al-sahabi on which the companions have disagreed and there are more than one different rulings concerning same problem. The Imam consider them all as valid and equally authoritative unless it is known that the 4 caliphs have adopted one in preference of the others.– Example : the allocation of shares allocated to grandfather in

the presence of agnatic siblings. There are three views: Abu Bakar, Zayd bin Thabit and Ali.


• Imam Malik– Not only he upheld the fatwa of companions but

almost equated it with the sunnah of the Prophet.


• The 4 Imams agreed that fatwa sahabi is authoritative but nobody said that it is binding.


Law

Fatwa sahabi