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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 should one who doubts the validity of his ablution and performs it frequently do?

Whoever doubts the validity of his ablution after finishing it, his ablution is valid. This is because the default is the validity of the ablution, and because doubt after finishing an act of worship doesn`t affect its validity. And Allah the Almighty knows best.

What is the ruling of Islamic Law on a father shaking hands with his son’s wife after she has been divorced three times?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The wife of one’s son is among the women permanently prohibited to the husband’s father as soon as the marriage contract  is concluded, based on the saying of Allah the Exalted: “Prohibited to you are your mothers, your daughters, your sisters, your paternal aunts, your maternal aunts, your brother’s daughters, your sister’s daughters, your foster mothers, your foster sisters, your wives’ mothers, and your stepdaughters under your guardianship [born] of your wives with whom you have consummated marriage. But if you have not consummated marriage with them, there is no sin upon you. [Also prohibited are] the wives of your sons who are from your loins, and that you take [in marriage] two sisters simultaneously, except for what has already occurred. Indeed, Allah is ever Forgiving and Merciful.” [al-Nisāʾ/23]
This prohibition begins once the son’s marriage contract with his wife is complete, and it remains in force even if the son separates from her before consummation or before any seclusion (khalwah) with her. It is therefore permissible for the father to shake her hand and to be alone with her, provided there is no fitnah (temptation) and no suspicion.
It is stated in ʿUmdat al-Sālik (p. 204): “It is forbidden to marry… the wives of one’s fathers and of one’s sons. All of these women become prohibited by the mere contract, … all of that being a permanent prohibition.” End quote, with slight adaptation. And Allah Almighty knows best.

What is the ruling of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."
 
Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].
 
However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.
 
Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].
 
Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].
 
If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.

Is it correct that everything dry is pure even if it has impurity on it?

If something impure becomes dry, it remains impure and is not purified by drying. However, the impurity does not transfer by touching it if the one touching it is also dry. And Allah the Almighty knows best.