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The Prophetic Sunnah as a Fundamental Source of Legislation
Author : Dr Noah Ali Salman
Date Added : 17-02-2026

The Prophetic Sunnah as a Fundamental Source of Legislation

 

All praise is due to Allah, Lord of the worlds. May Allah send blessings and peace upon our Master Muḥammad, and upon his family and all his Companions.

Whoever examines the noble science of Prophetic ḥadīth realizes that it is a divine inspiration from Allah, Most Blessed and Exalted, through which He preserved His religion and His Sharīʿah, so that the Sunnah would remain safeguarded alongside the Noble Qur’an. Together, they continue to provide Muslims in every age with the guidance they need for felicity in this world and the Hereafter.

Were it not for this divine inspiration and providential care, the scholars of ḥadīth would not have been able to establish such precise and rigorous principles by which the authenticity of reports attributed to the Messenger of Allah ﷺ could be verified.

A Muslim senses this divine preservation when comparing the meticulous transmission of reports concerning our Prophet Muḥammad ﷺ with the state of narrations attributed to previous prophets. One becomes certain that this is among the miracles of this religion, especially when recalling that Islam emerged among an unlettered nation, whereas earlier scriptures were revealed to peoples acquainted with reading, writing, and documentation. Yet Allah testified that distortion occurred among them, saying {what means}: “And indeed, among them is a group who twist their tongues with the Book so that you may think it is from the Book, while it is not from the Book; and they say, ‘It is from Allah,’ while it is not from Allah; and they speak lies about Allah knowingly.” (Āl ʿImrān/78)

There is no doubt that the Noble Qur’an has been preserved with absolute certainty. Everything within it is from Allah, and what we possess today is the entirety of the Qur’an that the Messenger of Allah ﷺ was commanded to convey.

As for the Prophetic Sunnah, the scholars of ḥadīth—by the help of Allah—were able to preserve it and establish precise criteria by which what is authentic may be distinguished from what is not among reports attributed to the Prophet ﷺ. These standards are unparalleled, even when compared to the developments in documentation and verification that have emerged in subsequent centuries. Indeed, specialists in documentation may well have benefited from the methodological foundations laid down by the scholars of ḥadīth.

The position of the scholars of ḥadīth was both delicate and grave. On one hand, they feared that something authentically reported from the Prophet ﷺ might be lost or excluded due to strict verification standards. On the other hand, they feared that something not truly from him might be falsely attributed to him—because the first would result in the loss of part of the religion, and the second would introduce into the religion what does not belong to it, thereby obligating the Ummah with what Allah did not obligate.

Imagine the intellectual state of one standing between these two serious concerns. Yet Allah granted them success and inspired them with a methodology that neither allowed any part of the religion to be lost nor permitted fabrication against the Seal of the Messengers. For the Sunnah falls under the divine promise in His saying {what means}: “Indeed, We have sent down the Reminder, and surely We are its Preserver.” (Al-Ḥijr/9)

The standards to which we have alluded were the result of coordinated and integrated scholarly efforts. They developed rational principles of verification, preserved the biographical details of every narrator associated with this knowledge, and refined methods of documentation to such an extent that this magnificent edifice became one of the great achievements of this Ummah and a clear sign of divine support for this religion. For centuries, Muslims benefited from it, finding in the Sunnah that which explains, complements, and clarifies the meanings of the Glorious Qur’an.

With the passage of time, however, the Muslim Ummah encountered new cultural circumstances due to interaction with other nations and exposure to foreign intellectual traditions. This occurred during periods of material weakness, social instability, and confrontation with cultural, military, and economic incursions—conditions that inevitably affected the Ummah negatively.

Consequently, some began to approach the science of ḥadīth as though it were merely a set of rigid mathematical formulas devoid of human, social, or cultural dimensions. Their aim, in many cases, was to undermine confidence in certain ḥadīth texts that had long been accepted by the righteous predecessors but did not appeal to those influenced by foreign ideologies.

Others went further, casting aspersions upon the great luminaries of ḥadīth scholarship for various reasons, including the pursuit of prominence—despite being wholly dependent upon those very scholars. For they did not receive ḥadīth directly from the Messenger of Allah ﷺ; rather, they received them through those early authorities. Nor did they personally meet the narrators; they knew them only through the biographies documented by earlier scholars. Nor did they independently establish the principles of this science; they inherited them refined and scrutinized. Yet, under the banner of objectivity and academic detachment, they allowed themselves to criticize those from whom they derived their knowledge.

More troubling still are those who seek to remove the Sunnah entirely from its legislative authority, arguing that it is not transmitted through mass transmission (tawātur), and thus claiming that only the Qur’an should remain as a source of law. In doing so, they free themselves from the obligations and responsibilities established by the Sunnah and interpret the Qur’an according to their own inclinations—exploiting verses that allow multiple interpretations to suit their preferences. In reality, this only exposes their ignorance. For just as Allah commanded obedience to Himself, He also commanded obedience to His Messenger: “Obey Allah and obey the Messenger.” (Al-Mā’idah/92)

Moreover, certain aspects of the Qur’an cannot be understood without the Sunnah. Where in the Qur’an are specified the number of daily prayers, their units, their timings, and their manner of performance?

In any case, this confusion surrounding the Sunnah and its texts finds acceptance only among those who are ignorant of the science of ḥadīth and unaware of the circumstances and integrity of its scholars. It has been said: “Whoever is ignorant of something will oppose it.”

Therefore, a scholarly revival is necessary—one that removes doubts, restores proper understanding of the science of ḥadīth, and addresses each era in language comprehensible to its people. Such efforts must clarify the principles governing the interpretation of texts and the evaluation of their narrators, explaining methodologies through analysis, illustration, and example. In this way, readers may come to appreciate this science as it truly is in the understanding of its rightful inheritors among the righteous predecessors—those who sought only the pleasure of Allah, the service of His religion, and the benefit of the Muslims, even if no recognition were ever attributed to them.

Perhaps through such endeavors, the living awareness of the science of ḥadīth will be renewed in the minds of the Ummah, as it rightfully deserves.

And may Allah send blessings and peace upon our Master Muḥammad, and upon his family and Companions.

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Summarized Fatawaa

What is the ruling on performing the night prayer (*qiyām al-layl*) between the first and second adhān of Fajr? And which is better: delaying the prayer until shortly before the Fajr adhān, or performing it earlier than that?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The time for night prayer (qiyām al-layl) begins after the Maghrib prayer and lasts until the second adhān of Fajr. The best time for it is the last third of the night, and best of all are the fourth and fifth sixths of the night. If the night is divided into two halves, the latter half is better.
Whoever intends to pray at night is encouraged to delay the Witr until he has prayed the night prayer. If he knows that he will not wake up, it is better for him to pray and perform Witr before sleeping, so that he does not miss both the night prayer and the Witr.
It is stated in Mughnī al-Muḥtāj (Vpl.1/p.462): “I say: The voluntary prayer of the night, that is, the absolute voluntary prayer (al-nafl al-muṭlaq), is better than the absolute voluntary prayer of the day, because of the report in Muslim: ‘The best prayer after the obligatory prayer is the night prayer.’ In another narration of his: ‘In the night there is an hour that no Muslim man meets while asking Allah for any good of this world and the next except that He gives it to him, and that is every night.’ It is also because the night is a time of heedlessness. I restricted the voluntary prayer to the absolute kind following the commentator, although what the ḥadīth and the underlying meaning require is that the night rawātib be preferred over the day rawātib, since the jurists preferred the two rakʿahs of Fajr over everything except Witr. The middle of the night is better than its two ends if it is divided into thirds, because heedlessness is greatest then and worship is hardest. If he wishes to pray during some third, the best is the fourth and fifth sixths, based on the ḥadīth in the two Ṣaḥīḥs: ‘The most beloved prayer to Allah the Exalted is the prayer of Dāwūd: he would sleep half the night, stand for a third of it, and sleep for a sixth.’ Then the latter part is better than the first if he divides it into two halves, because of the saying of Allah the Exalted: ‘And in the hours before dawn they would ask forgiveness’ [al-Dhāriyāt: 18], and the report of the two Shaykhs: ‘Our Lord, Blessed and Exalted, descends,’ meaning His command descends, ‘to the lowest heaven when the last third of the night remains, and says: Who calls upon Me, that I may answer him? Who asks of Me, that I may give him? Who seeks My forgiveness, that I may forgive him?’”
It is also stated in ʿUmdat al-Sālik (p. 60): “It is better to perform it [the Witr] immediately after the sunnah of ʿIshāʾ, unless he has tahajjud, in which case it is better to delay it so that he performs Witr after it. If he performs Witr and then wishes to pray tahajjud, he prays two rakʿahs at a time and does not repeat the Witr, nor does he need to cancel it with a single rakʿah before the tahajjud. It is recommended that he not deliberately pray after it.”
Qiyām al-layl is a term applied to any prayer performed at night. Tahajjud, on the other hand, refers to the night prayer that follows sleep, whether it is prayed after Maghrib or after ʿIshāʾ, or the prayer performed after ʿIshāʾ without sleep. On this basis, the Witr is also called tahajjud, since it is only prayed after ʿIshāʾ.
It is stated in al-Majmūʿ (Vol.4/p.84): “The sound position, as stated in al-Umm and al-Mukhtaṣar, is that the Witr is called tahajjud.”
It is stated in Nihāyat al-Zayn (Vol.1/p.114): “Among the absolute voluntary prayers is qiyām al-layl. If it is performed after sleep, even during the time of Maghrib and after having prayed ʿIshāʾ early (taqdīman), it is called tahajjud.”
And it is stated in Ḥāshiyat al-Bujayrimī ʿalā al-Khaṭīb (Vol.1/p.418): “His statement: ‘(the night prayer)’: the genitive construction (iḍāfah) carries the sense of fī, meaning a prayer in the night. His statement: ‘(it would be more fitting)’: the reason it is more fitting is that the night prayer includes both tahajjud and other prayers.” And Allah Almighty knows best.

Is washing the private part after urinating (Istinjaa`) a condition, and is it done with water and soap, or with water only?

Istinjaa` is obligatory for removing impurity, and it can be done with toilet paper, or a stone, or water. It is preferable to do Istinjaa` first with paper, or stone, or the like, then to wash the private part with water until making sure that the impurity has been removed. Using soap is not a condition, but there is no harm in doing so provided that it is washed off with water. It is also permissible to use either water, or paper if impurity is removed by any.

What is the ruling on the use of an inhaler by a *muḥrim* (a person in the state of *iḥrām*)? [An inhaler is a medicinal device used for inhalation, containing various herbal ingredients.]؟

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is permissible for the muḥrim (a person in the state of iḥrām) to use incense (bakhūr), sprays, and inhalers that contain aromatic substances for the purpose of treatment, because the intention is medical treatment, not the use of perfume (taṭayyub). No expiation (fidyah) is required of him for doing so.
It is stated in Ḥāshiyat al-Bujayrimī ʿalā al-Khaṭīb (Vol.2/p.455): “That which is intended for eating or for medical treatment, even if it has a pleasant scent, such as apples, spikenard (sunbul), and the various fragrant spices such as mastic (muṣṭakā), is not forbidden, and no fidyah is due for it, because what is intended for eating or treatment carries no fidyah.”. And Allah Almighty knows best.

Is it permissible to offer an Udhiyah on behalf of the deceased?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Offering an Udhiyah (sacrificial animal) on behalf of a deceased person is permissible. This is the official position of the Hanbali school (as stated in Kashshaf al-Qina’ by al-Bahuti,Vol.6/P.428) and was also upheld by the prominent Shafi'i scholar Al-’Abbadi (mentioned in Bidayat al-Muhtaj by Ibn Qadi Shuhbah,Vol. 4/P.358). It has likewise been narrated as a valid view among some Maliki and Hanafi scholars.
 
In fact, Imam Abu Dawud dedicated an entire chapter in his Sunan collection entitled, "Chapter on Sacrificing on Behalf of the Deceased." In it, he recorded a narration from Hanash, who said: "I saw 'Ali sacrificing two rams, so I asked him, 'What is this?' He replied, 'The Messenger of Allah (peace and blessings be upon him) commanded me to offer a sacrifice on his behalf, so I am sacrificing on his behalf.'"
 
Imam Abu Dawud also narrated from Jabir (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) said: "O Allah, this is from You, for You, and on behalf of Muhammad and his Ummah (community). In the Name of Allah, and Allah is the Greatest," and he then slaughtered the animal.
 
The textual evidence here lies in the fact that our Master, the Prophet (peace and blessings be upon him), offered a sacrifice on behalf of his entire community—and it is well-established that his community includes those who have already passed away.
 
Furthermore, there is an abundance of sacred texts demonstrating that the rewards of righteous deeds reach the deceased. For instance, it is permissible to fast on behalf of a deceased person who passed away with missed obligatory fasts, and it is equally permissible to perform Hajj on their behalf, both of which are firmly established in authentic Hadiths. Therefore, if the reward of fasting (which is a purely physical act of worship) and Hajj (which is a joint physical and financial act of worship) can reach the deceased, then the reward of an Udhiyah reaches them with greater reason (by way of A Fortiori argument). This is because it is a purely financial act of worship, falling under the general category of charity (Sadaqah).
 
Additionally, scholars have reached a consensus (Ijma') that the rewards of charity reach the deceased, and since the Udhiyah is inherently an act of charity, it falls under the same ruling. Consequently, based on all the aforementioned evidence, we hold the view that offering a sacrifice on behalf of the deceased is entirely permissible. And Allah the Almighty Knows Best.