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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.