Page 36 - AQIF M1
P. 36

3 33
         Philosophy and Fundamentals of Sharī’ah for Islamic Finance
         SHA0011

                                     Example: The Sunnah, “He who kills the deceased will
                                     not inherit” (Reported by al-Darqutni).

                                     This Sunnah specifies the generality of the rule contained
                                     in the Quranic verse:




                             Allāh SWT says:
                             “Allāh  SWT  commands  you  concerning  your  children:for  the
                             male is the equal of the portion of two females.”
                                                                          (al-Nisa’ 4:11)

                              ii.    Restrict the absolute rule of the Qur’ān

                                     Example: The Sunnah restricts the absolute rule of the
                                     verse: “As to the thief male or female cut off his or her
                                     hands: A punishment by way of example from Allāh
                                     SWT for their crime…” (al-Mā’idah 5:38)

                                     By prescribing the value of property, the property must be
                                     under custody and that it is the right hand that is to be cut.

                              iii.   Explains and elaborates the concise verses of the Qur’ān
                                     Example: The Sunnah explains the manner of performing
                                     prayer, fasting, types of ribā etc.
                      c.      The Sunnah abrogates the rule established by the Qur’ān.

                              Example:  According to majority of Muslim jurists, the Sunnah
                              “No will should be made to legal heir” abrogates the verse
                              prescribed to make a will to parents and near relatives





                               Allāh SWT says:
                               “It is prescribed for you, when death approaches one of you, if
                               he leaves behind some goods to make a will for parents and near
                               relatives.”
                                                                        (al-Baqarah 2: 180)


                      d.      The Sunnah lays down legal injunction that is silent by the Qur’ān.  Sunnah  should  be
                                                                                             distinguished  from
                                                                                             Ḥadīth. While Sunnah is
                              Example :                                                      everything  attributable
                              i.     The prohibition of wearing a gold ring by man           to the Prophet SAW,
                                                                                             saying,  doing,  and
                                                                                             tacit approval. On the
                              ii.    Prohibition of marrying a woman together with her       other  hand,  Ḥadīth
                                     paternal auntie and maternal auntie in marriage         is  confined  to  the
                                                                                             narration of the saying,
                                                                                             of the Prophet SAW.
               Classification of Sunnah


               Sunnah can be categorised into two categories: according to its nature and
               method of transmission.
   31   32   33   34   35   36   37   38   39   40   41