It is well known among the scholars that the Prophet in his various capacities instituted and established certain norms, commands and prohibitions; some in his capacity as a Prophet, some in his capacity as a judge, some in his capacity as a political leader, etc.
Therefore, not all instructions, commands and prohibitions fall under the general genus of laws which are binding for all time, place and context. Imam al-Qarafi discusses this extensively and demonstrated the difference between the Prophet’s actions ‘as a conveyor of the divine message, a judge and a leader,’ (Tashri’ bil Tabligh). He suggested that each of these intents has a different implication in the law. Imam Ibn ‘Ashur also stated what Al-Qarafi mentioned and elaborated on it further, adding other types of the ‘Prophet’s intents’.
The following are some examples, according to Imam Ibn ‘Ashur:
- The intent of counselling. For example Bashir informed the Prophet that he has given one of his sons a special gift. The Prophet asked him: ‘Have you done the same with all your sons? He replied: ‘No.’ The Prophet said. ‘Do not call me as a witness to injustice.’
The following categories are specific, however they could all be included the broad spectrum of the intent of counselling.
- The intent of guidance(which is more general than that of legislation). An example is found in Ibn Suwayd’s narration, in which he said: ‘I met Abu Dharr, who was wearing a cloak, and his slave too was wearing a similar one. I asked the reason for it. He replied, “I scolded a slave by calling his mother bad names.” The Prophet said to me, “O Abu Dharr! Did you abuse him by calling his mother bad names? You still have to some characteristics of the age of pagan ignorance. Your slaves are your brethren”.’
- The intent of conciliation. One example is when the Prophet requested Barirah to return to her husband after she divorced him. Barirah said: ‘O Allah’s Apostle, do you order me to do so?’ He replied, ‘No, I only intercede for him.’ She said, ‘I do not need him.’ Also, Bukhari reported that when Jabir’s father died, Jabir asked the Prophet to speak with his father’s creditors so that they might waive some of his debt. The Prophet then accepted their refusal to do so. Another example of conciliation is when Ka’ab ibn Malik demanded repayment of a debt from ‘Abdullah ibn Abu Hadrad, the Prophet requested Ka’ab to deduct half of the debt, and Ka’ab agreed.
- The intent of giving advice.One example is when ‘Umar ibn al-Khattab gave someone a horse as charity and the man neglected it. ‘Umar wished to buy the horse from the man, thinking that he would sell it cheaply. When he asked the Prophet about it, he told him: ‘Do not buy it, even if he gives it to you for one dirham, for someone who takes back his charity is like a dog swallowing its own vomit.’ Also, Zayd narrated that the Prophet said: ‘Do not sell the fruits before their benefit is evident, for some people had quaraled too much over that matter.’ (Ibn ‘Ashur: Maqasid al-Shariah, quoted by Dr Jasser Auda in Maqasid al-Shariah, A systems approach)
These were some examples from the many that Imam Ibn ‘Ashur cites to demonstrate the different facets of the Prophet’s being and mission. In order to appreciate the diverse traits of the Prophet and apply these salient features in the current context, Islamic activist must (in my view) understand these guiding principles in order to be effective callers to God and His law.
The Prophet Muhammad, apart from being an outstanding military leader, an ideal husband, teacher, judge, etc - was was a counsellor. The above examples show this aspect of the Prophet and the way in which he interacted with his friends, companions, family, non-Muslims and even his enemies. Hopefully we can inculcate these features in our da’wa activities and strive to create a harmonious and cohesive community which is predicated upon love, understanding and wanting good for each other no matter the race, colour or background.
jazakallah khayr brother. this here is an example article, with no hidden insults or agendas. well done akh.
sallollah alyhi wasallam
Salaam brother,
Jazakallah, that was very interesting. You said, ”Therefore, not all instructions, commands and prohibitions fall under the general genus of laws which are binding for all time, place and context. Imam al-Qarafi discusses this extensively and demonstrated the difference between the Prophet’s actions ‘as a conveyor of the divine message, a judge and a leader,’ (Tashri’ bil Tabligh). He suggested that each of these intents has a different implication in the law.”
Could you give some examples please?
Thank you
ma’assalam
@j
Assalamu Alaikum wa rahmatullah,
Shukran Jazeelan for you intuitive comments. Before anything, scholars (usuliyun) categorise the entire corpus of the Ahadith of the Prophet into two main groups:
1. Sunnah at-tashri’yyah or those hadiths which have legal connotations
2. Sunnah ghayr tahsri’yyah or those hadith which are non legislative
One example of the legislative hadith of the prophet which is binding for all Muslims for all time is the following. Imam Ibn Ashur puts this in the title of ‘The Intent of legislation’: The prophet’s last sermon in which he said: ‘Learn your rituals from me [by seeing me performing them], for I do not know whether I will be performing hajj after this hajj of mine.’
Examples of non legislative hadith is the famous hadith of pollination narrated Imam Muslim, the companion Talha reported, ‘’I was walking with the Prophet (peace and blessings be upon him) when he passed by some people at the tops of their palm trees. He asked, “What are they doing?” They answered, “Pollinating the male into the female.” He replied, “I do not think that this will be of benefit.” When they were told about what the Prophet said, they stopped what they were doing. Later, when the trees shed their fruits prematurely, the Prophet was told about that. He said, “If it is good for them they should do it. I was just speculating. So pardon me. But if I tell you something about God, then take it because I would never lie about God.” Another narrator said that the Prophet (peace and blessings be upon him) added, “You know your worldly affairs better than I.”
This hadith shows that the prophet made a technical error. He advised the companions on a worldly matter from his own understanding however, later it was discovered that he (peace be upon him) made a mistake. So his instruction was not binding upon the companions.
There are other hadiths which are of a legislative nature but are specific for rulers, judges only. The following hadith demonstrates this:
Hind Bint `Utbah complained to the Prophet (peace and blessings be upon him) about the greediness of Abu Sufian (her husband) and asked whether she was allowed to take from his money without his knowledge. So the Prophet said, “Take what you and your children normally need (without telling Abu Sufian).” (Al-Bukhari)
Scholars explain this hadith was specific to hind as her husband was a miser and would not give her money. This, however, does not mean that every woman has a right to take money from her husband without her husband’s knowledge. This was only for Hind. Scholars or judges can learn from this hadith and issue legal verdicts based on this incident according to their context.
Another example is when the Prophet settled between Habibah and Thabit. Habibah bint Sahl, Thabits wife, complained to the Prophet that she did not love her husband and that she wanted to divorce him. The Prophet said: ‘will you give him back his walled garden?’ She said: ‘I have all that he has given to me.’ Then, the Prophet said to Thabit: ‘Take it from her.’ And so he took his walled garden and divorced her.
This type of prophetic intervention is not meant to be general legislation as scholars such as al-Qarafi mentioned but it is up to the judge to decide on each case accordingly.
There are other intents of the Prophet which are non instructive like those hadiths which mention the ways he ate, walked, laid down, wore his clothes, mounted his animal ect. These are ‘adat or customary practices which change with different cultures, times, and context.
I hope that helps
Wallahu’alam