Islamic Law 1 Law MMU

1. Fatwa
Sahabi
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2. Nelfi Amiera Mizan
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3. Introduction
1) Who is ‘sahabi’?
(Majority View)
 Someone who met the PM, believed in him and dies as a believer
regardless of whether he narrated any Hadith or not.
(Others)
 Someone who narrated hadith from PM
 Someone who narrated hadith from the PM and joined him in a battle
 Someone who stayed with PM for one year upward or accompanied him
in one battle or more
 Companionship is only established through long meeting with the PM
and the narration of Hadith on his authority
2) What is fatwa al-sahabi?
 Fatwa al-sahabi or qawl al-sahabi means an opinion that the companion
has arrived at by way of ijtihad. It may be a saying or a considered
opinion or a judicial decision that the companion has taken on matters
in the absence of a ruling in the Quran or Sunnah.
Why?  After the demise of the Prophet, the Companions were the ones who
interpreted the law and developed it where needed. They undertook ijtihad,
issued rulings, settled cases and became a source of guidance for later
generation.
 Fatwa al-sahabi is a proof which commands obedience once it is agreed by all
companions (no companion opposed it)
Example: Grandmother’s share in inheritance
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4.  Jurists agree that the ruling of one companion is not a binding proof over
another, regardless as to whether the ruling in question was issued by one of
the caliphs, a judge or a leading mujtahid among them.
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5. Is the Fatwa al-Sahabi binding or not?
Jurists unanimously agreed that the fatwa al- sahabi is a proof and binding
when it is accepted by all other companions. An example for fatwa sahabi that
has been agreed by all is the ruling of Sayidina Abu Bakr that the portion for a
grandmother in inheritance is one- sixth.
For Sunni, fatwa sahabi is considered as binding proof and the most
authoritative form of ijma’.
Ulama’ Usul however opined that the ruling of one Companion is not a
binding proof over another. This is because companions allowed themselves to
disagree with one another in matters of ijtihad.
Thus, the question on is whether the saying or fatwa of a single companion
should also be recognized as a proof and given precedence over evidences such as
qiyas or the fatwa of other mujtahidun? There are 4 views regarding the issue.
FIRSTVIEW
A number of leading jurists from various schools such as held Imam Malik,
Imam Shafie, Imam Hanbal & some of Hanafi jurists are of the view that the fatwa
of companion is a proof which must be followed.
Their arguments are based on the fact that following the demise of PM, the
leadership of the Muslim community fell in their shoulders. A number of them
with their intimate knowledge of the Quran and the teachings of PM were able to
formulate fatwa and issue decisions on many issues because of their direct access
to PM. Their views were occasionally upheld and confirmed by the Quran. For
example, in Surah al-Anfal (8:67) – confirmed the view of Saidina Abu Bakr in
giving his opinion concerning the treatment that was to be accorded to the
prisoners of war following the battle of Badr.
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6. Besides, they also in opinion that fatwa al-sahabi is a proof absolutely and
takes priority over Qias regardless as to whether it is in agreement with the Qiyas
in question or otherwise.
They referred the argument based on, firstly, surah Al-Taubah (9:100)
where the reference to the companions was made as “…the first and foremost
among the Emigrants and Helpers and those who followed them in good deeds,
God is well-pleased with them as they are with Him.”
Second in surah Imran (3:109) -“You are the best community that that has
been raised for mankind; you enjoin right and you forbid evil.” The Quran praises
them as ‘the best community’ and as such their example commands authority and
respect.
Third, based on hadith -“My Companions are like stars, whoever that you
follow will lead you to the right path” and –“Honor my Companions, for they are
the best among you, and then those who follow them and then the next
generation, and then corruption will proliferate after that…”. Based on these
hadith, following the way of the Companions is equated with correct guidance,
which would imply that their sayings, teachings and fatwa constitute a proof that
commands adherence.
Thus based on the first view, fatwa of companion is obligatory; otherwise
the Quran would not praise those who followed it in such terms.
SECONDVIEW
Asharites, Mutazilah, Imam Ahmad bin Hanbal and Hanafi jurist is of the
opinion that ijtihad of a companion is not a proof and it does not bind the
succeeding generations of mujtahidun or anyone else.
Their arguments are based on surah Al-Hasyr (59: 2) – “Consider you who
have vision”. It is argued that this verse makes ijtihad the obligation of everyone
who is competent for it and it makes no distinction whether the mujtahid is a
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7. companion or anyone else. What is obligatory is ijtihad itself, not adhering to the
ijtihad of anyone in particular. Besides, mujtahid must rely directly on the sources
and not imitate anyone, including the companion.
This view finds support from al-Ghazali and al- Amidi who said that those
who had view different from this have resorted to evidence which is generally
weak.
Al-Shawkani said that the fatwa of companion is not a proof because
Muslims are required to follow the Quran and Sunnah. Only sunnah of the
Prophet is binding. No other individual, whether a companion or not has been
given a status similar to that of the Prophet.
The opinion of al-Shawkani is criticised by Abu Zahrah who said that the
fact that the saying of companion is an authoritative proof does not render the
companions rivals to the Prophet. Their fatwa is more authoritative than other
mujtahidun because they were most diligent in observing the Quran and Sunnah
due to their closeness to the Prophet.
THIRDVIEW
According to the opinion of Abu Hanifa, fatwa sahabi is a proof when it is in
conflict with Qiyas but not so when it agrees with it. This is due to many reasons.
Firstly, when fatwa sahabi conflicts with Qiyas, it is usually for a reason and
it indicates the weakness of the Qiyas. Second, if it agrees with Qiyas then fatwa
sahabi is not a separate authority but merely concurs with it.
FOURTHVIEW
There are also some who has the opinion that only the rulings of the four
Rightly-Guided Caliphs command authority. This is based on the hadith of PM -
that “You are to follow my Sunnah and the Sunnah of the Khulafa’ al-Rashidun
after me.”
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