النص المفهرس

what ash-Shafi'i had dictated about secondary rulings himself, together with
answers he had given to particular questions, in a single collection called a l -
Um m . He wrote down what he heard, and what he had not heard but others
had written down, indicating in the latter case that he had not heard it
himself. This is similar to the first, but in the second instance the collection,
order and division into chapters were done by ar-Rabi'.
The third is that al-Umm was not written by ash-Shafi'i but is a collection of
his statements which he wrote or dictated and his opinions on questions
which he studied with his students and which they reported from him - all of
that having been compiled after ash-Shafi'i's death. In this case the
attribution of this book to ash-Shafi'i is like that of the books of Imam
Muhammad ashShaybani to the fuqaha' of Iraq since it recounts their
statements without adding to them.
The third possibility must be rejected because the consensus of scholars is
that the Kitab al-Umm was by ash-Shafi'i and because ar-Rabi', as is clear
from the written text, corrected its errors.
Finally the style of ash-Shafi'i is distinctive in its lucidity and beauty of its
expression, and depth and precision of its meaning. All of the style of the
Risala is similar and thus must be ascribed to ash-Shafi'i. There is no way to
choose between the first two possibilities. And there is no disagreement that
the opinions in alUmm are those of ash-Shafi'i .
Our study of the fiqh of ash-Shafi'i
We will now turn to the fiqh of ash-Shafi'i. As well as elucidating its
principles and general rules, we will also deal with the principles of
deduction in it and how the principles are connected to distinct secondary
rulings in a general manner. The area of secondary rulings, however, is a vast
topic which cannot be fully dealt with in this study.
First we must turn to an particular point which people frequently bring up in
relation to ash-Shafi'i's fiqh. The adherents of ashShafi'i sometimes related
from him two or three positions regarding a single question. He may have
retracted one or more of them; but since no definitive position was

confirmed, two firm but variant statements in the school are sometimes
ascribed to him about a single issue. We see in al-Umm, which is the fiqh of
ash-Shafi'i in the final and definitive stage of his i j t i h a d that he related
more than one statement on several questions. In his book The Virtues of ash-
Shafi'i, ar-Razi mentions a section on the different statements of ash-Shafi'i
or the positions attributed to ash-Shafi'i, whether by his tongue or pen, like
those in a l - U m m or the M u k h t a s a r of alMuzani, or which the
Shafi'ites ascribed to his school. The various positions ascribed to him are of
five types.
· Questions in which there are two positions reached by transmission or
extrapolation. This applies when ashShafi'i responded to two similar
questions in two different chapters and the answer was negative in one and
positive in the other. The people transmitted the answer to both questions and
said, "There are two positions on it." This, in fact, is not from ash-Shafi'i, but
from his adherents and companions.
· Questions regarding which ash-Shafi'i himself had two positions: the old
position which he wrote in Baghdad and the new which he wrote in Egypt.
The new superseded the old. Al-Bayhaqi said, "I read in the book of
Zakariyya ibn Yahya as-Saji with his isnad from al-Buwayti that he said that
he heard ash-Shafi'i say, 'I do not absolve anyone who relates my Baghdadi
book from me without any change in it."" The mujtahid may retract his
opinion when the truth becomes clear to him, since the Companions did that
in retracting some of their positions. He stated, "The Companions did so. 'Ali
said, 'My opinion and that of 'Umar about umm walads was that they should
not be sold, but now I believe that they can be sold."" 'Umar ibn al-Khattab
said in his letter to 'Abdullah ibn Qays on the adab of Qadis, "If when you
have already given a decision you reflect on it and are guided to something
more correct, that should not prevent you from reverting to the truth.
Reverting to the truth is better than remaining in error."
· Ash-Shafi'i occasionally stated two positions in places in his new books and
then reported that he chose one of them, saying that it was sounder or better;
or gave a secondary ruling based on one and left the other; or mentioned the
evidence of one rather than the other.
· Sometimes he mentioned both denial and affirmation and hesitated between

them. Ar-Razi says on that type, "The adherents say that ash-Shafi'i only did
this in sixteen instances. It denotes extreme care in the Deen and
scrupulousness."
. Occasionally ash-Shafi'i mentioned two positions regarding a question -
one reached by means of analogy and the other by report and S u n n a - and
then chose the one which agreed with the Sunna.
From this it is clear that ar-Razi, like other partisans of ashShafi'i, thought
that the existence of multiple opinions from ashShafi'i was not seemly for
him and sought to refute this and reduce the number of questions on which he
had more than one opinion. Those who were partisan against ash-Shafi'i
thought that the great number of his variant opinions was a fault and evidence
of his not reaching the truth, and was a sign of shortcomings in his
knowledge. We deny their claims and affirm that knowledge obliges one to
hesitate in many cases and that it is a clear sign of knowledge and certainty,
not a proof of ignorance.
The truth is that the ash-Shafi'i we find in the light of his biography and
scholarly life often changed his opinion regarding particular questions. The
reason is that he was sincere in seeking what he believed to be the truth in the
Shari'a. A sincere person cannot be fixed to an idea or enslaved rigidly by an
opinion. If he has a specific goal it is the quest for knowledge for Allah. That
makes him scrutinise and examine his opinions continually. Moreover, ash-
Shafi'i had a lively mind which was constantly probing and studying. He was
not content with any particular conclusion but always searched beyond it.
Such a man does not have rigid opinions :. he is constantly reviewing them
and measuring them against his current scholarship. Hence change is more
likely than fixity.
Ash-Shafi'i always sought out new hadiths and it was clear to him that when
his opinion was contrary to a h a d i t h he should accept the h a d i t h. He
asked the h a d i t h scholars among his companions to rely on a hadith if they
found that his opinion was contrary to it and not to take his opinion rather
than the h a d i t h. Among every group there were h a d i t h scholars who
had ha dith s which others did not have. So each group gave fatwa on the
basis of what it had and used analogy when they had no option. AshShafi'i
would always abandon his opinion for a sound hadith. He travelled widely

and was aware of different environments and disparate customs. Every
community had its own traditions and customs. Someone who deduces laws
must be affected in his thinking by a prevailing custom. Thus ash-Shafi'i had
one opinion in Baghdad which reflected the situation there. When he moved
to Egypt, he changed his opinion and was influenced by the environment
there.
The numerous debates that ash-Shafi'i had with opponents made him
examine and review his opinions constantly. If he was shown their faults and
saw shortcomings in them or compared them before he entered into debate,
he would revise them. In short, the abundance of the opinions of ash-Shafi'i
is consistent with his method in ijtihad and his intellectual life. It does not
indicate a failing but rather his devotion to seeking the truth.
Chapter Five The Principles of ash-Shafi'i
In his principles ash-Shafi'i formulated the methods to be followed in
deducing secondary rulings. He would clarify a principle of deduction and
then follow it with some of the secondary rulings stemming from it and
explain the method of extrapolating these rulings from that principle. The
study of the fundamental principles involves study of the principles
themselves, discerning some of the rulings of the school, and above all the
legal methodology of ash-Shafi'i. The study of the intellectual methodology
of a scholar is also a sound and direct study of the consequences of his
methodology.
The study of a scholar is a study of what is peculiar to him, and ash-Shafi'i
was singled out among the mujtahids before him and contemporary with him
since he is one who defined the principles of deduction and formulated them
as general rules.
Ash-Shafi'i set out the principles of fiqh because the fuqaha' before him had
exercised ijtihad without having defined limits to the way they deduced their
rulings. Before him they relied on their understanding of the meanings of the
Shari'a, the goals and aims of its rulings, and what its source texts indicated.
They were like people who assess proofs by instinct without having recourse
to any logical procedure.

Ash-Shafi'i mixed and debated with the f u q a h a '. Their methods of
deduction found expression in the course of argument and debate.
Accordingly, he laid down limits and rules and formulated criteria. Ar-Razi
said about the achievements of ash-Shafi'i in this area: "Know that the
ascription to ash-Shafi'i of the knowledge of the fundamental principles is
like that of logic to Aristotle and that of prosody to al-Khalil ibn Ahmad."
The first book which ash-Shafi'i wrote on usul was the Risala which he wrote
to 'Abdu'r-Rahman ibn Mahdi before he went to Egypt and then later rewrote
in Egypt. It is famous, and contains most of ash-Shafi'i's opinions about usul
but not all of them. AshShafi'i has other studies about usul: The Book of the
Invalidity of Istihsan and the Kitab Jima' al-'Ilm. Many of the rules arose in
the course of his debates with his opponents.
Knowledge of the Shari'a
Ash-Shafi'i divided knowledge of the S h a r i ' a into two parts. One was the
science of the common people - the knowledge of which no Muslim may be
ignorant and which every Muslim must know. This refers to essentials of the
Shari'a, such as the five obligatory prayers, the fast of Ramadan, the Hajj for
whoever can perform it, the obligation of zakat, and the prohibitions against
fornication, murder, theft and drinking wine. This is in the Qur'an in clear
texts which do not admit interpretation and in the mutawatir sunna from the
Messenger.
The second part concerns the secondary rulings which people see in the
Shari'a about which either there is no text from the Qur'an, or there is a text
which needs interpretation and there is no mutawatir text from the
Messenger; or if there is a hadith, it is a single tradition, or a hadith whose
text can be interpreted in different ways. That is the knowledge of the elite.
The two types of knowledge are divided in respect of responsibility and
acquisition. As far as responsibility is concerned, the common knowledge is
required of every Muslim while the knowledge of the elite is only demanded
of the elite, like the f a rd alkifaya which is demanded of those capable of it,
the performance of which by some removes the sin of non-participation from
others. Any sane person can understand the first part and it does not require

special capacities. The second is only undertaken by the elite who inherit the
knowledge of the Book and the S u n n a, the reports of the Companions, and
matters of disagreements. Those have the right of deduction and it is a duty
for them.
Ash-Shafi'i explained the difference between the knowledge of the common
people and the knowledge of the elite as follows: "There are two types of
knowledge: the knowledge of the common people of which no sane adult is
ignorant, like the five prayers, the fact that Allah has obliged people to fast
the month of Ramadan, to make Hajj to the House if they are able, and to pay
zakat on their property, and that they are forbidden fornication, murder, theft,
and wine, and similar things which people must know, learn, give from their
property or refrain from. All of this knowledge exists by a text in the Book of
Allah and is universally recognised by all the people of Islam. It is
transmitted by ordinary people. They relate it from the Messenger of Allah
and cannot argue about it. This is common knowledge in respect of which
error is not possible from a tradition or interpretation and which cannot be
disputed."
The second type is the knowledge of the elite, which he describes as:
"Secondary rulings which arise for people and other matters which have no
text in the Book or the Sunna in most cases. If there is a sunna about
something, it is one of the reports of the elite [single reports], not the
common, and is susceptible to interpretation and analogy."
The knowledge of the elite is the subject of the investigation of the fuqaha',
and it is that which the mujtahid strives to deduce. It is that about which there
is dispute. It is that for which rules are formulated so that deduction can be
sound and so that those rules become the criteria by which the difference
between an error and a correct judgement are ascertained and a decision is
reached between two opponents who disagree.
There is no doubt that common principles of deduction are those rules which
specify the knowledge of the elite and it is not obligatory for all Muslims to
obtain it. Indeed not every Muslim is capable of obtaining it since there are
precise criteria to evaluate opinion and which guide the mujtahid to
deduction.

The evidence for judgements according to ashShafi'i
Ash-Shafi'i classes knowledge in five categories, ranked as follows in
descending order.
First rank : The Book and the firm S u n n a. The S un n a and the Book
occupy the same rank because the Sunna expounds the Book in many cases.
If a hadith is sound, it is put alongside it. If the reports are single ones, they
do not have the same rank as the Qur'an since the Qur'an is related by
multiple transmission. The Qur'an cannot be contradicted by the Sunna.
Second rank: Consensus on what is in the Book or the Sunna. What is meant
by consensus is the agreement of those f u q a h a ' who were given
knowledge of the elite and who are not confined to the knowledge of the
common people. Their consensus is evidence for those after them regarding
the questions on which they all agree.
Third rank: The statement of one of the Companions of the Prophet. This is
when one of the Companions of the Prophet voiced an opinion about a matter
and when it is known that no other Companion opposed him in it. The
opinion of a Companion is better for us than our own opinion.
F o u rth rank: A question on which the Companions of the Messenger of
Allah had differing opinions. In that case a f a q i h should adopt whichever
opinion he considers closest to the Book and Sunna. Their opinions should
not be overridden in favour of those of any other people.
Fifth rank: Analogy made on the basis of what is known from the other
categories: the Book, Sunna, and consensus. An analogy should be made on
the basis of a textual matter which has a ruling in the Book or Sunna or
whose judgement is known by consensus; or by following the unopposed
position of one of the Companions or a statement of his which another
Companion opposes. These are the categories of knowledge which ash-
Shafi'i formulated and we will deal with each in turn.
The Qur'an

Ash-Shafi'i considers the Book and Sunna to have equal rank in the Shar i'
a. Indeed, he considers them to constitute a single source of this S har i 'a
because all other sources of deduction are based on them, and derived from
their spirit if they are not taken from their text. So all sources of deduction,
however numerous and varied, derive from one source which has two
branches: the Book and S u n n a. However, we see the Book preferred in
some sources after ash-Shafi'i and in the expressions of the f u q a h a '
before him. Indeed, in some of ash-Shafi'i's writings, he himself does not put
the Sunna in the same rank as the Book, but makes it subsidiary to it. So why
does ash-Shafi'i consider them as having one rank? Ash-Shafi'i replies that
the Book and S u n n a are both from Allah since the Prophet "did not speak
from passion. It is only a revelation revealed." (53:3-4) Thus both of them are
from Allah even if their means and causes vary. It is also because the Sunna
is knowledge taken from the Book of Allah and so is inextricably connected
with it.
The S u n n a accompanies the Qur'an, clarifies all the general questions
which arise in it, and provides details of matters which are unqualified. It can
only clarify it if it enjoys the same rank. Many of the Companions took the
same line as ash-Shafi'i in that. It is related that 'Abdullah ibn Mas'ud quoted
the sound ha dith, "Allah curses women who tattoo and are tattooed,
women who pluck their eyebrows, and women who file their teeth to make
gaps for beauty, altering Allah's creation." A woman of Banu Asad who used
to recite the Qur'an heard about that and asked 'Abdullah, "What is the h a d
i t h that I heard from you, that you curse such and such?" 'Abdullah replied,
"Why should I not curse those whom the Messenger of Allah cursed when it
is in the Book of Allah?" The woman said "I have listened to the Book and
never heard that." He said, "If you listened carefully, you would have heard
it. Allah says, 'Take whatever the Messenger gives you take and leave
anything He forbids you.' (59:7)"
In order not to misconstrue ash-Shafi'i's aim in this matter, three things
should be noted of which many people may not be aware.
· Ash-Shafi'i elevated knowledge of the Sunna as a whole to the rank of the
Qur'an. That does not mean that everything related from the Messenger,
whatever its path of transmission, had the same rank as the definitive a y a t s.
Single hadiths do not have the same rank as the mutawatir, famous and

widespread hadiths, let alone that of the ayats of the Qur'an. Ash-Shafi'i
noted this since he limited the Sunna which was in the rank of the Qur'an to
the established Sunna.
. He gave the Sunna the same rank as the Book in the deduction of rulings in
secondary areas. This does not mean that they have the same position in the
formulation of the articles of faith. Denying something found in the Sunna is
not like denying something which is clearly stated in the Qur'an and in which
there is no scope for interpretation. Anyone who denies something stated in
the Q u r'an is an apostate; but anyone who denies what is found in single
hadiths is not outside Islam, since matters of faith must be confirmed with
definitive isnads and the reports of single hadiths are not definitive.
· Ash-Shafi'i placed the Sunna at the same rank as the Qur'an in the
extrapolation of derivative rulings. That is not to deny that the Qur'an is at
the same time the root of this D e e n , its support, its proof and the miracle of
the Prophet, and that the Sunna is a branch from this root. That is why its
strength stems from it. The Sunna simply complements the Book by
expounding the rulings it contains, and supports it by making clear the laws
that the Shari'a has brought which are good for people in this life and the
Next, and by which the virtuous society will be formed.
'Amm and khass in the Qur'an
'Amm (general) can be defined as a word which indicates various things with
a shared meaning, as "human being" indicates man, woman, black, white,
Zayd, Bakr and Khalid. These individuals are different but all have the
quality of humanity and so the same general word can be applied to them.
Khass (particular) applies to part of what is alluded to by a general
expression, like "white" or "man" in relation to "human being". It is also
possible for something particular to be general in itself, like "man", since that
is applicable to many separate individuals who share the quality of manhood.
Nonetheless, it is particular in relation to "human being".
Ash-Shafi'i divided general expressions in the Qur'an into three categories:
apparent general expressions by which the general is meant; apparent general
expressions by which the general is meant but the particular is included; and

apparent general expressions by which the particular is meant. He formulated
these three categories of the general, and gave examples of these three
categories.
For instance, as an example of general expressions with general meanings, he
quoted the words of Allah: "Allah is the Creator of everything and He is
Guardian over everything" (39:63); "He created the heavens and the earth"
(14:37); and "There is no creature on the earth which is not dependent upon
Allah for its provision." (11:8) Ash-Shafi'i states in the Risala, "All of the
heavens and the earth, everything with a spirit, trees and other things are all
the creation of Allah and He provides for them and knows their lodging place
and repository."
Next, he gives examples of general expressions by which the general is meant
but in which the particular is included, and quotes the words of Allah, "The
people of Madina and the desert Arabs a round them should not remain
behind the Messenger of Allah, nor should they prefer themselves to him"
(9:121) and "When they reached the inhabitants of a town, they asked them
for food but they refused them hospitality." (18:76) The form here is general,
but there is a particular aspect (i.e. not all of the inhabitants were asked for
food).
The third category is apparently general expressions by which the particular
is meant and which are not intended to be general at all. This is understood
either from the circumstances of the Revelation, by other ayats of the Qur'an,
or by clarification from the Sunna. An example of this is found in Allah's
words: "Those to whom people said, 'People have gathered together against
you, so fear them.' But it increased them in belief and they said, 'Allah is
enough for us and the best of guard i a n s . '" (3:173) This only refers to
certain people, namely the idolaters. Another example is "The woman and
man who commit fornication: flog both of them with one hundred lashes and
do not let compassion for either of them possess you where Allah's deen is
concerned," (24:2) where only free people are meant and not slaves, who
receive half of the punishment.
How the Qur'an sheds light on the S h a r i ' a and the position of the
Sunna in respect of it

The Qur'an is the ultimate source of the Shari'a and the fount from which its
roots and branches are derived and evidence is taken. It is related that
'Abdullah ibn 'Umar said, "If anyone knows all the Qur'an he has taken on
something immense and prophethood is lodged between his shoulders
although he is not given Revelation." Ibn Hazm the Zahirite said, "None of
the areas of fiqh is without a basis in the Book, and the Sunna and the Book
is the basis and support of the Sunna, as we shall explain. Allah Almighty
says, 'This Qur'an guides to the most upright Wa y ' (17:9) and He says,
'What We send down in the Qur'an is a heal ing and a mercy to the believers,
but increases the wrongdoers in nothing but loss.' (17:82) 'A'isha observed,
'If anyone recites the Qur'an, there is no one above him."
So the Qur'an is the universal source of the Shari'a, as is clear from these
texts and others. So there must be a comprehensive exposition of it since
something universal must be made clear. That is why it must be
supplemented by the S u n n a in order that rulings may be deduced from it
and laws extrapolated. The Almighty says, "And We have sent down the
Reminder to you so that you may make clear to mankind what has been
revealed to the m . " (16:44) Ash-Shafi'i regarded the Qur'an in this light
and mentioned that it was the universal source of the Shari'a and he who is
ignorant of it knows nothing and he who knows it is not ignorant of anything.
The Qur'an contains all of the Shari'a; by explicit text, deduction, or
inference. According to ash-Shafi'i, "All that is revealed in the Book is a
mercy and a proof. Whoever knows it knows it and whoever is ignorant of it
is ignorant of it. He who is ignorant of it has no knowledge and he who
knows it is not ignorant. People are in different classes in knowledge. Their
position in knowledge depends upon their ranks in knowledge of the Qur'an.
Those who seek knowledge must strive as much as possible to increase their
knowledge of it, to be steadfast in the face of every obstacle to seeking it,
have a sincere intention for Allah to grasp its knowledge in text and by
deduction, and ask for Allah's help in it, for good is only obtained with His
help. Whoever gains knowledge of the rulings of Allah in His Book in text
and deduction if Allah grants him the success to speak and act according to
what he knows, he has obtained virtue in his Deen and in this world. Doubt is
expelled from him and his heart is illuminated with wisdom, and he merits
leadership in the Deen."

If you read the Risala of ash-Shafi'i from beginning to the end you will be
aware that the Qur'an is the axis about which its knowledge revolves because
it connects the roots to knowledge of the Shari'a. Since, however, the Qur'an
needs explanation, it must be the Sunna which does that. The Sunna clarifies
the details of the Shari'a while the Qur'an clarifies its universal principles. So
the prayer, zakat, hajj, jihad and fasting are all in the Qur'an and the Sunna
elucidates them. It is the same with family and social matters, and
punishments which are designed to deter corruption in society. The principles
of all this are in the Qur'an and its details are in the Sunna.
The Sunna
We have mentioned ash-Shafi'i's method of deduction from the Qur'an and
seen that he explained his method and did not oppose the evidentiary quality
of the Qur'an in the Shar i' a because that requires no other evidence for
Muslims. Anyone who denies the authority of the Qur'an as evidence in
establishing the Shari'a has left the Deen and must be required to repent. If he
does not repent he is killed. In the case of the Sunna, ash-Shafi'i met some
who denied that the S u n n a was evidence. He met people who said worse
things than that: some people denied that the Sunna established rulings other
than those of the Qur'an, on the grounds that it it clarifies but cannot add to
it. There were people who denied the evidence of single reports. Therefore he
had to present evidence to confirm that the Sunna had the authority to
establish rulings - even single reports, as long as the report was reliable. The
Risala is the book in which these proofs are set out and a l - U m m is the
book which contains the discussions between him and his opponents who
denied that the S u n n a had authority or could add to the Qur'an, or who
denied the legislative force of single reports.
Let us now explain the opinions of these groups as ash-Shafi'i discusses
them. Ash-Shafi'i mentions in the Kitab Jima' al-'Ilm of al-Umm that those
who opposed consensus followed three different schools. One denied the
authority of the Sunna altogether. The second denied its authority unless the
Qur'an upheld it. The third school are those who deny the authority of single
hadiths and only consider mutawatir or well-known reports.
Obviously, followers of the first school are those who relied on the Qur'an

alone. Their argument was transmitted from one of them in a l - U m m:
"Someone who is considered a scholar by his adherents said to me, 'You are
an Arab and the Qur'an was revealed in the language of your people. You
know it by heart and in it Allah has placed the obligations which He revealed.
If any doubts one letter of the Qur'an, you ask him to repent. If he does not
repent, you kill him. Allah describes the Qur'an as 'making all things clear.'
(16:89) How is it permitted among you or anyone to say about anything that
it deems obligatory that "Sometimes the obligation in it is general and
sometimes particular, and sometimes the command in it is evidence of
obligation and sometimes merely of permissibility?"
' You have a ha dith which you relate from one man or from another man
or from two or three back to the Prophet, while you and those of your school
do not place total reliance in anyone you have met or consider him to be
entirely accurate in memory. No one is absolutely immune from erring,
forgetting or making a mistakes in his transmission of a hadith. I find when a
man says on the basis of a hadith that something is lawful or unlawful, or part
of the knowledge of the particular issue, you sometimes say, "The Messenger
of Allah did not say this. You or whoever reported it to you erred. You or the
one who reported to you lied." Yet you do not ask him to repent: do no more
than tell him, "What you have said is bad." So how can it be permitted to
differentiate between any of the judgements of Qur'an when their apparent
texts are the same, on the basis of a tradition from someone who fits the
description you have given - and to accord their reports the same rank as the
Book of Allah?""'
In general, such people argued that the Book contained the clarification of
every matter. The language of the Book was Arabic and required no other
explanation for those with knowledge of Arabic and the Arabic style of the
Qur'an, no further exposition being required. Hadiths are reported by men
who cannot be completely exonerated from lying, erring or forgetting. The
transmission of such things cannot be linked with the Definitive Book in
affirmation and evidence in any way.
It is clear that such an opinion would demolish the authority of the Sunna so
that it could be considered one of the bases of Islamic fiqh at all. Ash-Shafi'i
elucidated the results of this school which, if taken to their logical
conclusion, lead to something very terrible. Acceptance of it leads to not

understanding the prayer, zakat, hajj and other general obligations in the
Qur'an which the Sunna elucidates. So the minimum obligation of the prayer
is that to which the name "prayer" is applied and that of zakat the minimum
of what is called "zakat". This would enable someone to pray two rak'ats a
day and say, "There is nothing more in the Book of Allah and so it is not an
obligation." That would be to eliminate prayers and zakat which are all
transmitted as obligatory so that knowledge of them is one of the essential
elements of knowledge of the Deen. Anyone who says that is not a Muslim in
any sense of the word.
The second of the three schools of thought does not accept the Sunna unless
it refers to something contained in the Qur'an. AshShafi'i expressed their
position thus: "Another group say that the S u n n a can only further explain
what is already in the Qur' a n . " This school accepts the Sunna when it
provides further support for what is in the Qur'an, but holds that the Sunna
cannot add any legislation which is not in the Qur'an.
The third school, which is also contrary to the position of the Community,
reject the use of any single traditions as authoritative evidence. They only
take note of m u t a w a t i r traditions or wellknown (mashhur) ones. As a
rule, therefore, they accept only very general and unspecific traditions.
Ash-Shafi'i presents various proofs that these positions are not acceptable.
First of all, Allah Almighty has connected belief in Himself to belief in His
Messenger Muhammad. Belief in the Messenger entails following his words
and actions. Therefore it is mandatory to consider the Sunna of the Prophet as
a source of the Shari'a. This is confirmed by the words of Allah: "So believe
in Allah and His Messenger, the Unlettered Prophet, who believes in Allah
and His Words; and follow him, so that you may be guided" (7:158) and
"The believers are those who believe in Allah and His Messenger and who,
when they are with him on a matter of com mon concern, do not leave until
they have asked him for permis s i o n . " (24:62) These two a y a t s clearly
state that belief in the Messenger is a part of Islam. So it is obligatory to
follow him, since that is a necessary consequence of faith.
A second proof is that Allah mentions in His Book that the Messenger
teaches people the Book and Wisdom. He says: "Our Lord, raise up among
them a Messenger from them to recite Your Signs to them and teach them the

Book and Wisdom and purify them. You are the Almighty, the All-Wise."
(2:129) There are many ayats which convey this. "Wisdom" in this context
can only mean the S u n n a of the Messenger of Allah, may Allah bless him
and grant him peace.
A third proof is that Allah has obliged the believers to obey and follow the
Prophet. If it is obligatory to obey someone, then his words must be obeyed
and anyone who opposes them is a rebel. Thus the Sunna of the Prophet has
authority in the Shari'a because Allah explicitly states in the Qur'an that it is
mandatory to obey him and juxtaposed obedience to the Prophet with
obedience to Him in various passages, as where He says: "When Allah and
His Messenger have decided a thing, it is not for any believing man or
believing woman to have a choice about it. Anyone who disobeys Allah and
His Messenger is clearly misguided." (33:36) Again He says: "O you who
believe! Obey Allah and obey the Messenger and those in command among
you. If you have a dispute about anything, refer it to Allah and the
Messenger, if you believe in Allah and the Last Day." (4:59)
A fourth proof is that Allah Almighty did not make the calling of the
Messenger to judge between people the same as their calling of themselves;
nor is opposing him like opposing other people. Anyone who opposes his
judgement is not a Muslim. This is confirmed by the words of Allah: "Do not
make the Messen-ger's summoning of you the same as your summoning of
one another. Allah knows those of you who sneak away. Those who oppose
his command should beware of a testing trial coming to them or a painful
punishment striking them." (24:63) He also says: "When they are summoned
to Allah and His Messenger so that he may judge between them, a group of
them turn away. " (24:46) Thus Allah informs us that being summoned to the
Messenger so that he may judge between us is like being summoned to the
judgement of Allah, because the one rendering the judgement is the
Messenger. When we submit to the judgement of Allah's Messenger, we
submit to the judgement of Allah.
A fifth proof is that Allah Almighty commanded the Prophet to convey His
Message, to elucidate His S h a r i 'a and to follow His Revelation. This is
achieved by reciting and expounding the Qur'an.
Thus the Shari'a consists of the Qur'an and the words of the Prophet since it

is based upon conveying and following the Revelation. As Allah says: "Then
We placed you on the Right Road of Our Command, so follow it. Do not
follow the whims and desires of those who do not know." (45:18) Allah
further points out that He protects the Prophet in this respect. He says: "Were
it not for Allah's favour to you and His mercy, a group of them would almost
have managed to mislead you. But they mislead no one but themselves and
do not harm you at all. Allah has revealed the Book and Wisdom to you and
taught you what you did not know. Allah's favour to you is indeed immense."
(4:113)
The position of the Sunna in relation to the Book
As we have seen, ash-Shafi'i spent much time defining the position of the
Sunna of the Messenger of Allah, may Allah bless him and grant him peace,
in relation to His Book. He designated five aspects of their relationship.
· The Sunna elucidates what is undefined in the Qur'an such as the
obligations which are unspecified in the Qur'an for which it provides the
details and times.
· The Sunna shows when the general is meant to be general in the Qur'an and
when Allah means a particular category by a general expression.
· The Sunna adds, by Divine inspiration, rulings to obligations confirmed by
texts in the Qur'an which are a consequence of them or connected to them.
. The Sunna conveys rulings which are not in the Qur'an and are not
additions to Qur'anic texts.
· The Sunna further explains what is abrogating and abrogated in the Qur'an.
The Sunna elucidating the Qur'an
Scholars agree that the Book is elucidated and its goals and rules defined by
the S u n n a of the Prophet. No one claims to be able to understand the
Qur'an and know all its rulings without the help of the Sunna, even though
there are some people who reject some of the Sunna. One of them said to
Mutarrif ibn 'Abdullah, "Only relate the Qur'an to me." Mutarrif said, "We

do not mean to replace the Qur'an. Our intention is to follow him who knows
the Qur'an better than us. Al-Awza'i related that Hassan ibn 'Atiyya said,
'The Revelation came down to the Messenger of Allah and Jibril supplied
him with the Sunna which explains it. Nonetheless a man claimed that the
Qur'an contains the clarification and details of everything so that there is no
need for the S u n n a. 'Imran ibn Husayn told him, "You are a stupid man!
Do you find in the Book of Allah that Dhuhr is four rak'ats and recitation is
not aloud in it, or the number of prayers or the amount of zakat? Do you find
this explained in the Qur'an?"""
Since the Qur'an needs the explanation of the S u n n a in this w a y, the
question arises: How can it be said that the Qur'an is clear when it needs to
be elucidated by the Sunna? The answer is that the clarity of the Qur'an is
universal and not partial, general and not detailed, and the Sunna fleshes out
the details of the generality of the Qur'an. The knowledge of the particular is
only achieved through the Messenger. Allah says, "It is We who have sent
down the Reminder and We who shall preserve it." (15:9)
Consensus
Ash-Shafi'i confirmed that consensus furnishes an authoritative proof and
confirms that its rank comes after the Qur'an and Sunna and before analogy.
We already mentioned that. Ash-Shafi'i states at the end of the R i s a l a,
"Judgement is made by the Book and Sunna and what is agreed upon about
which there is no dispute. So we say that we judge by the truth in the
apparent and implicit and we judge by a Sunna which is reported by a single
chain and on which not everyone agrees. So we say that we judge by the truth
and the apparent because there might be error in the one who relates the h a d
i t h. We judge by consensus and then by analogy, which is weaker because
analogy is not lawful where a sound tradition exists."
From here we see that ash-Shafi'i considered that consensus came before
analogy, he deems it weaker as evidence than the Book and the Sunna and
that it is only resorted to when there is no text from the Sunna or the Book.
For ash-Shafi'i consensus is that the scholars of the time all agree on a
matter, in which case their consensus is evidence for that about which they

agree. He says in the chapter on the invalidity of i s t i h s a n: "Neither I nor
any of the people of knowledge would say 'this is agreed on' except on a
matter about which you would never find any scholar who would not repeat it
to you and relate it from a predecessor, such as the Dhuhr prayer being four
rak'ats, wine being unlawful, and the like."
The first consensus which ash-Shafi'i considers is that of the Companions.
This did not refer to their having heard a Sunna from the Messenger of Allah
which they all agreed on, in which case it is the Sunna which constitutes the
proof and not their agreement, but when it was a question of their own
ijtihad. The very existence of a Sunna means there is no need for ijtihad.
They used their ijti had only on subjects about which there was no text from
the Sunna contrary to their consensus.
As the R i s a l a indicates, ash-Shafi'i accepted consensus as authoritative
and considered it as evidence in itself for two reasons. The first is shown in
the R i s a l a where he reports a h a d i t h related by Sulayman ibn Yasar that
'Umar ibn al-Khattab gave a speech at al-Jabiya in Syria in which he said:
"The Messenger of Allah, may Allah bless him and grant him peace, stood
among us as I am standing among you and said, 'Honour my companions,
then those after them and those after them. Then lying will spread among
them to such an extent that a man will swear an oath without being asked to
swear. Those who seek the joy of Paradise should cling to the Community.
Shaytan is with the isolated person but further from two people. A man
should not be alone with woman, for Shaytan is the third of them. Whoever is
happy at his good actions and distressed at his bad action is a believer."
Clearly in this hadith, we are urged to cling to the Community and this is not
merely a physical matter and it cannot happen if hearts are divided. Holding
fast to the Community results in the cohesion which the Community must
have in respect to what is lawful and unlawful and acting accordingly. Ash-
Shafi'i gave the clearest exposition of his understanding of consensus in
stating: "Since the Community is dispersed through different lands, no one
will be able to cling to a physical community which consists of bodies which
are separated. Furthermore, these physical bodies comprise both Muslims and
unbelievers, god-fearing and impious. So there is no sense in clinging to
physical bodies. But the Community forms a cohesive single unity in
forbidding certain things and considering others lawful and acting

accordingly. Those who say what the Community of Muslims says cling to
their Community. Whoever opposes what the Community of Muslims says
has diverged from the Community to which he must hold. There is
heedlessness in separation. The Community cannot be heedless of the
meaning of the Book, Sunna or analogy."
The second proof is the words of Allah: "But if anyone splits with the
Messenger after the guidance has become clear to him, and follows other than
the path of the believers, We will hand him over to whatever he has turned to,
and We will roast him in Hellfire . " ( 4 : 115) This is confirmation of the
fact that Allah Almighty made following any way other than that of the
believers equivalent to splitting from Allah and His Messenger and the
punishment is also the same. Splitting from Allah and His Messenger is
forbidden and so following a way other than that of the believers is
forbidden. Thus it is obligatory to follow their way. This is evidence that
consensus is an authority which cannot be opposed, in the same way that it is
not permitted to oppose the Book and the Sunna, because Allah juxtaposed
following other ways than that of the believers with splitting with the
Messenger and He made a terrible threat about the consequences of doing so.
This is evidence for its authority. But exactly whose consensus is being
referred to? That of the people of f i q h and m u j ta h i d s alone, or both
theirs and others? The answer is clear in what ashShafi'i said about
consensus: "Neither I nor any of the people of knowledge would say that 'this
is agreed upon' unless it were a matter about which you would never find any
scholar who would not repeat it to you and relate it from a predecessor, such
as the D h u hr prayer being four ra k ' ats , wine being unlawful and the
like." This shows us that he only considers the consensus of scholars, because
only they know the lawful and unlawful in respect of matters about which
there is no text in the Book or Sunna.
Then another question arises: who are the scholars who form this consensus?
There were many discussions about this. The consensus referred to,
according to ash-Shafi'i, is that of the Muslim scholars in all the cities and
regions of Islam. Thus ash-Shafi'i refuted the position of his shaykh Malik
who considered it to mean the consensus of the people of Madina and
therefore rejected many hadiths on account of that consensus. Ash-Shafi'i
discussed in the Risala those who contend that an opinion agreed upon in

Madina is stronger than a single hadith. He himself rejected that position for
two reasons. One was that he believed that "the agreed-upon opinion" means
not agreement in a single region but the agreement of the scholars of all
lands. The second was that in the case of questions, in which the consensus of
the people of Madina is claimed, some of the people of Madina opposed it
and some of the people of other regions opposed it.
Ash-Shafi'i put single h a d i t h s before consensus or opinion, whatever the
reason for the consensus, unless it was clear that that consensus was based on
transmission and a group of people related it from a group of people back to
the Messenger. This is what is called the 'tradition of the general public' and
so it is put ahead of single traditions.
Before we move on, two further points should be mentioned about consensus.
One is that ash-Shafi'i did not take note of tacit consensus, which is when
one of the people of i j t i h a d takes an opinion which is known in his time
and to which no one objects. Ash-Shafi'i did not consider that to be
consensus and stipulated that for consensus to exist, every scholar must
transmit an opinion and then the opinions of all must agree on the matter.
The second point is that in his debates ash-Shafi'i did not concede to his
opponents when they claimed there was consensus. Then he restricted the
definition of consensus until it was almost impossible to reach. He ended by
basically confining it to the obligations which are part of indispensable
knowledge of the Shari'a. Allah knows best.
Analogy
Ash-Shafi'i was the first to formulate the rules of analogy and explain its
basis. The fugaha' before him and in his time made use of opinion without
explaining its limits and its basis: in other words, they did not have a set of
criteria by which to distinguish between sound and unsound opinions. They
did not lay down limits or set out rules and establish principles until ash-
Shafi'i laid out the rules for deducing which rulings he considered to be
sound and which he considered not to be sound. He defined the limits of
analogy, classifying it into several grades, and the strength of f i q h based on
analogy in relation to fiqh based on texts. Furthermore, he elucidated the