Many classical and contemporary scholars divided the actions of the Prophet into distinct categories: Ibn al-Qayyim in several works including ‘Ilam al-Muwaiqqi’in; Ibn ‘Ashur in his treatise on Maqasid al-Shari’ah; Shah Wali Allah al-Dehlawi in his book Hujjat-Allah al-Baligha. However, the pioneer in this field was Shihab al-Din al-Qarafi,  he explained the different types of the Prophet’s actions in his encyclopaedia of Fiqh entitled Al-Zakhirah.

The Prophet’s actions or intents are classified as follows:

  1. Legislative actions (Sunnah Tashri’yah): Prophetic actions that set a precedent to be emulated and followed. These are of two types, those stipulations that are intended for the whole Ummah, are binding until the Last Day; and others that are unique to a specific time, place, or a person, and are not included in the general genus of rules, binding for all.
  2. Non-legislative actions (Sunnah Ghayr-Tashri’yah): these are actions/intents of the Prophet that are not binding, like those Ahadith (traditions) which mention the way he ate, walked, his clothes, etc. These are ‘Adat or customary practices which change according to the cultures, time and context.

The Usuliyyun (scholars dealing with the principles of deriving law) also discussed the various instructions of the Prophet in his capacity as a ‘political leader’ and differentiate between this, and those actions/instructions in his capacity as a ‘divinely inspired prophet’. They are:

a) Special legislative actions not predicated upon revelation, but special or specific actions relating to managing the the state. These are not binding upon the whole Ummah or future generations.

b) Actions related to the public interest which the ’head of government’ performs, and without which harm may occur. These are specific tho those needs and circumstances, and not a general rule for legislation.

c) Actions/inferences based upon personal choice and preference. The companions of the Prophet would always distinguish between His actions as a [divinely inspired] Messenger and those as a political and military leader. On many occasions the Prophet would consult the relevant people on matters related to their expertise (eg administration, warfare, etc). The Qur’an even orders the Prophet to consult experts, ‘consult them about the matter’.

d) Actions related to non-religious matters, the scholars differentiated between the ‘Ibadat (worship) and the Mu’amalat (social interaction).

The Prophet’s actions as a political leader points to an Islamic state (Khilafah) which is very much like the modern state (at least in the way it functions), and not a ‘theocracy run by Mullahs’ – as often assumed in the West. Islam does not ‘compartmentalise’ matters into the spiritual and the temporal, every Muslim is expected to be guided by their religious values in the temporal sphere.

Even though the ‘Islamic state’ is based upon the example (Sunnah) of the Prophet and the judgments of the Rightly Guided Caliphs (Khulafa al-Rashidun) - this confers no sacredness to their decisions and actions in relation to governance and functions of the state and its institutions. Inevitably, on a practical level, many characteristics of the ‘Islamic state’ will be similar to those of a ‘secular state’. It is assumed that all laws and state actions must confirm with, and not contravene established Islamic principles (Aqida). And that is where the differences would arise and also be noticeable.

The Prophet attempted to, and succeeded in marrying the ‘reality’ with revelation. He and his companions were fully aware of the needs and dictates of the culture in which they lived, and applied the divine text and principles accordingly – to suit the needs of the Ummah (community) at that time. Naturally their political actions and judgements, though not  binding, will guide future generations.