In Haiti terminology it denotes any saying (call), action (fly), approval (tastier), or attribute (sofa), whether physical (quality) or moral (quality) ascribed to (daft ill) the Prophet, whether before or after the beginning of his prophet hood. This meaning is used in contradistinction to the Curran in expressions such as “Curran and Saunas” and applies in the usage of Haiti scholars. In the terminology of usual elfish or principles of jurisprudence, Saunas denotes a saying (call), action (fill) or approval (tastier) related from (unusual ‘an) the Prophet r issuing (Isadora) from him other than the Curran.
In the terminology offish or jurisprudence, saunas denotes whatever is firmly established (tablet) as called for (mutual) in the Religion on the basis of a legal proof (Dali Shari) but without being obligatory, the continued abandonment of which constitutes disregard (swastikas) of the Religion also sin (item) according to some jurists and incurs blame (lawn, ‘tab, adult) also punishment (squab) according to some jurists.
However, some jurists have made a distinction between what they called “Emphasized saunas ” (saunas Mikado’s) or “saunas of Guidance” (saunas al- dud), such as what the Prophet ordered or emphasized in word or in deed, and other types of saunas considered less binding in their legal status, such as what they called “Non Emphasized saunas ” (saunas gharry Mikado’s) or “saunas of Habit” (saunas al-‘dad).
The above meanings of Saunas are used in contradistinction to the other four of the five legal categories for human actions afar (obligatory), Saunas, mamba (indifferent), makeup (disliked), harm (prohibited) – and apply in the usage of jurists from the second Hajji century onwards. However, the jurists have stressed hat the basis for all acts of worship categorized as Saunas is “obligations” not “permissiveness” (al-SSL if al-saunas al-Wausau la al-bah). Saunas is thus defined as the strongest of the following near-synonymous categories.
AY-Dhabi relates from Aisha bin Uriah the saying: “If al-Thwart, al-Awe’s, and Mali concur on a given matter, that matter is a saunas. ” AY-Dhabi comments: Rather, the Saunas is whatever the Prophet made Saunas and the rightly-guided Caliphs after him. As for Consensus (jam’), it is whatever the llama of the Community both early and late have unanimously agreed upon, through either assumed zinnia) or tacit (suit) agreement. Whoever deviates from such consensus among the Successors or their successors, it is tolerated for him alone.
As for those who deviate from the three above-named imams, then such is not named a deviation from Consensus, nor from the Saunas. All that Aisha meant was that if they concur on a given matter then it is most probably correct, just as we say, today, that it is nearly impossible to find the truth outside of what the Four Imams of scholarly endeavor agreed upon. We say this at the same time as we admit that their agreement on a given matter does not dictate the consensus of he Community, but we refrain from asserting, in relation to a matter upon which they all agreed, that the correct position is otherwise. Haddam) 1. 2 Definition of the Saunas (Technical Meaning) The word Saunas has three separate meanings that are often mixed up by Muslims when the term arises in discussions. The first sense of saunas is in the context of Shari ah rulings, in which saunas is synonymous with the Amanda or “recommended”, meaning something that one deserves a reward in the next life for doing such as using the mistake to clean one’s teeth before prayer–but is not punished for not doing.
It can be contrasted in this context with the “hajji” or obligatory, meaning something that one is rewarded in the next life for doing such as performing the prescribed prayers–and deserves punishment in the next life for not doing. The Saunas in this sense is at the second level of things Allah has asked of us, after the hajji or obligatory. A second sense of Saunas is in the context of identifying textual sources, as when the Kit, meaning the Curran, is contrasted with the Saunas, meaning the Haiti.
In this sense, Saunas is strictly synonymous with Haiti, and is used to distinguish one’s evidence from that of the Curran. One should note that this is quite a different sense from the above-mentioned meaning of the, though sometimes people confuse the two, believing that the Curran determines the obligatory, while the Haiti determines what is merely saunas or recommended?but in fact, rulings of both types are found in the Curran, just as they are in the Haiti.
Here, Saunas simply means the Prophet’s way (peace and blessings of Allah be upon him), and is not to be confused with either of the two senses mentioned above. In contrast to the first sense, his Saunas or way (peace and blessings f Allah be upon him) includes not just the recommended, but rather the whole Shari ah, the entire spectrum of its rulings, whether obligatory (hajji), recommended (Saunas), permissible (mamba), or avoiding the offensive (makeup) or unlawful (harm).
And in contrast with the second sense, his saunas or way (peace and blessings of Allah be upon him) is preserved not only in the Haiti, but first and foremost in the Curran, for as Aisha (Allah be well pleased with her) notes in the Haiti “His character was the Curran” (AY-Babushka). The confusion and non sequitur that often result when Muslims discuss the Saunas could perhaps e better avoided if these distinctions were kept in mind. (Keller, 2014) 2. 0 Justification of Saunas as the Second Sources of Law Saunas is defined as the tradition and customs of Prophet Muhammad or the words, actions, silent assertions of him.
These include the everyday sayings, activities , acts, tacit consent and acknowledgements of statement of Prophet Muhammad (Susann, 2009). ‘Saunas comes in agreement with the Quern, it explains the meanings of unclear text , provides details for what is depicted in general terms, specifies what is general, and explains its injunctions and objectives’ (al-Manual, 2009). However, Saunas divides into two categories which are legal and non-legal. Non legal means involving the natural activities of Prophet Muhammad such as the way he sleep, ate and dressed.
Legal Saunas is the actions of the Prophet Muhammad which were intended to express as examples to the Muslims. In legal Saunas, it is divides into three types depending on the capacity in which the acting of Prophet Muhammad : the Messenger of God, the head state or imam. In term of the capacity Messenger of God , it is pertaining to the principles of the religion which especially involving what prohibited and not restricted by imitation of times and circumstances. In term of capacity as imam can only be acted upon by other Muslims with authorization of the imam for that time being.
Then, Saunas in term of capacity as a judge has two parts where the first one is related to specific dispute and does not constitute general law while the second part is being the judgment itself lays down general law. (Main, 2011) Justification of Saunas as the second sources of law can be found in Quern as Muslims is commanded to follow Prophet Muhammad . Apart from that, Prophet Muhammad had asked Muslims to follow his traditions along with Quern after his death. As for that, Saunas became essential supplements to and clarifications of Quern.
Much of the Saunas is recorded in Haiti, initially Prophet Muhammad does not allowed his followers to write down his acts to avoid misunderstanding with the Quern but he had instructed to disseminate his sayings orally. During his lifetime, any confusion or any confirmation about the Saunas will be straight asked to him however after his death there are many confusion occur and from that Haiti were established in order to make Muslims clear on the true Haiti and avoiding any false Haiti. Furthermore, to handle he problem of authenticity, the science of Haiti is established.
The llama’ has agreed that Saunas become one of the sources of law by taking into account the hall and harm. Saunas become the second sources of the law because it is the proof for Quern and it is also stated in al-NASA, 53:3 that the words of the Prophet,as the Quern tell us, are divinely inspired. As stated by AY-Galahad in his writing some of the revelations which the Prophet receives constitutes Quern, while the remainder is the Saunas. However, we need to ascertain the authenticity of the Saunas whenever we heard of it or read about it.
In order to establish the authenticity of a particular Haiti or report, it had to be checked by following the chain of transmission (sand). Then, the reporters had to check back the sources by citing their reference, and their reference’s reference all the way back to Prophet Muhammad (Susann, 2009). This is achieved by analyzing the text of the report, the scale of the report’s transmission, the routes through which the report was transmitted, and the individual narrators involved in its transmission. On the basis of these criteria, various Haiti classifications developed.
The process might take a lot of time in order to make sure there is o false Haiti being spread over the Muslim. Plus, all the references in the chain had to have a reputation for honesty and possessing a good retentive memory. ‘The proof of authenticity may be definitive (Qatar), or it may amount to a preferable conjecture (al-azans al-rajah); in either case, the Saunas commands obedience of the muscular. All the rulings of the Prophet, especially those which correspond with the Curran and corroborate its contents, constitute binding law’ (Kamala, 1991).
The Quern has enjoined the Muslim to obedient to the Prophet and it is the duty of us to submit to his judgment without question. This means all the Saunas are applicable as the second sources of law because Allah has command Muslim to obey to His Prophet. As mention in “And whatever the Prophet Muhammad gives you, take it, and whatever he forbids you, abstain from it. (al- Hash , 59:7)” And in Obey God and obey the Prophet Muhammad *and those who are in charge of affairs among you. Should you happen to dispute over something, then refer it to God and to the Messenger. Al-NASA’, 458-59) Based on the that, it can be seen that Allah has command Muslim to obey the Prophet Muhammad the Quern which also referring to the Saunas. Besides, n Quern the command to obey the Prophet is not only a mere formalistic but a part of the Muslim faith. This refer to the that “By thy Lord, they will not believe till they make thee a judge regarding disagreements between them and find in themselves no resistance against accepting your verdict in full submission’ (al- NASA’, 4:65). This concluded that Saunas is the next sources in all Shari matters.
Not only that, the companion had reached to the consensus on this point where they followed the Prophet’s instructions and examples during their lifetime. Even Caliph ABA Baker and Muar resorted to the Saunas whenever they new about it and if they did not know any of them, they will ascertain it with the other Companion (Kamala, 1991 The other reasons of Saunas as second sources of law are it is a necessity to understand of Quern in other word Saunas is complement with Quern. This is because Saunas is explained and clarified the Quern in many ways .
It explains how to perform the acts of worship and carry out the laws that are mentioned in the Quern. For example, Allah had command Muslims to pray without mentioning the times of prayers had to be performed or the manner of performing them so, Prophet Muhammad had clarified this wrought his own prayers and by teaching the Muslims to pray as he said ‘ Pray as you seen me praying’. In other example, Allah had makes Hajj pilgrimage obligatory without explaining its rites , hence the Prophet Muhammad explains it by ‘ Takes the rites of Hajj from me’ .
Next Allah had also makes Katz tax obligatory without mentioning the types of wealth and produce it to be levied against, the minimum amount of wealth that makes tax obligatory. Then, the Saunas make it clear. There are many other examples that show the Saunas is necessity to the Quern hence make it as the second sources of law. There is the season why Allah requires the mankind to believe in prophet hood as He had command in where God knows the best with whom to place His Messenger… ‘ (Quern 6: 124) and Are the Prophet Muhammad charged with anything but to convey the clear message?… . (Quern 16:35) Allah had protect the Prophet Muhammad from all error in his actions such protected his tongue from uttering anything but truth, protected his limbs from doing anything but right. As describe in the Quern: “By the star when it sets. Your companion has neither gone astray nor has he erred. Nor does he speak of his own desire. It is only revelation that has been valued. ” (Quern 53:1-4) There is no circumstances, no matter how trying, could prevent the Prophet from speaking the truth. He never speak false and his own interest never affect him to obey Allah.
This show that the Saunas is true , never be in false and obliged to be followed as the second sources of law. 3. 0 The Kinds Of Rulings In Saunas 3. 1 Hajji (the obligatory) Hajji or obligatory is clear and binding command from Allah or his messenger directed to the people to do something. If you follow it and act upon something that is hajji, you will get blessing from Allah, but if you do not do it, or omit in owing it will lead to punishment. Also, hajji has been defined as follows: “If the divine communication absolutely demands the performance of an act, it is called Jab (Bin al-Suburbia’ al-Swami’).
In the other word, it means that the Lawgiver absolutely demands Muslims to perform, is called hajji” (Hosannas, Hussar Humid, AY-Hokum al-Shares India al-Sullying, Cairo: Dark al-Nathan al-Arability, 1972, P. 37). Hajji and afar are identical according to the majority of the jurists, but Hyannis differentiate between them. He defined afar as follows: “It is the one whose obligatory character is established on the basis of evidence which is free f doubt. Its legal effect is that one should accept it necessarily true, affirm by one’s heart and upon physically.
Its denier is designated an unbeliever (Kefir) and its neglecter without a valid reason, as impious” (basis) (Hausa al-Din, AY-Hussar, Delhi: al-Unstable, 1354 A. H, P,58). As we have seen this definition shows that the commands that are based on the Quern and Saunas maturation an Jam are afar according to Hyannis School, since the evidence provided by these sources are free from doubt. This definition further states that afar entails certain and definitive knowledge. Therefore one should not have any doubt about its certainty but then should affirm its obligation by heart any physically act upon it.
If anyone denies the obligatory character of an act which is afar, he will be considered to have gone out of the fold of Islam, also if a person fails to perform it without a valid reason; he will be considered impious (basis). As for hajji, Hyannis define it as follows: hajji is one whose obligatory character is established on the basis of doubtful evidence. Its legal effects are that it necessarily to accept it as certain knowledge. Its denier is not accused of infidelity, but its neglecter s declared to be impious when he takes the solitary traditions lightly.
But the person who interprets it allegorically is not declared impious. As we can see, this definition, hajji is applicable to a Shari’s demand which is established on the basis of doubtful evidence. The doubt may be in respect of the establishment of the evidence itself such as solitary traditions. However, Hyannis have derived certain conclusion of defining afar and hajji in respect of belief, for example, if a person denies a afar, he becomes unbeliever (kefir) on account of his rejection of one of essentials of religion.
On the other hand, one who rejects a hajji does not become unbeliever, but he becomes only impious (basis), for the acts falling within the category of hajji are not considered essentials of religion. An example from transaction, if for instance, sale of contract and agreement is concluded between two parties, the fulfillment of that agreement is hajji, in other word, the payment of price by a purchaser in a sale contract and the delivery of sold item by the seller in accordance with the term agreement is an obligatory acts. . 2 Amanda (the recommended) Literally, Amanda means to summon, to invite, to instigate, to urge, to wail for he dead, to lament over the dead by enumerating his good quality and actions, to call one to do a thing and to send one to do a thing. Technically, Amanda has been defined by al-Amid as: “Amanda is an act whose performance required unconditionally by the Shari’s without laying any blame for its omission” (al Amid, al-Lukas if Usual al-Sham, Cairo, Matte’s al Marine, 1914, l, 170).
All acts that are not obligatory, but which the Lawgiver has exhorted to perform are Amanda, for instance, the Susan and naif prayers offered in addition to the five obligatory prayers are all Amanda. An example from transaction is that, when the contract of debt is occurring between two parts, he/she should be recorded in writing. Allah said in Sarah al-Basilar which means: “O you, who believed, when you contract a debt for a specific term, write it down. ” (2:28) Therefore in this example, the verse demands that every contract of debt must be recorded in writing. . 3 Harm (the forbidden) Harm has been defined as follows, “Harm is that from which the Lawgiver demands absolute abstinence, regardless of whether the evidence of demand, according to the majority of fugal (jurists) (Hosannas, Hussar Humid, al-Husk Aligarh’s and al-Sunshiny, Cairo: Dark al -Nathan al-Arability, 1972, pep). The absolute demand of the Lawgiver to abstain from an act is sometimes known from the words of the text itself and sometimes by presumptive evidence.
According to the majority of jurists, the absolute demand of the Lawgiver to refrain from an act makes it harm (forbidden). However, Hyannis maintain that the demand of the prohibition is of two kinds: Harm (absolute forbidden) According to Hyannis is that from which the Lawgiver absolutely demands to refrain on the basis of decisive evidence, such as Quern and Saunas mutation. Example: ribs’. Allah said, “God permits sale but prohibits usury’ (2:275) Makeup Thurman (disapprove to the degree of prohibition) refrain on the basis of probably evidence, such as solitary tradition and analogy. . 4 Makeup (the disapproved) The word makeup has been derived from Kara, meaning the fury of battle. It comes from its root karakas, Karachi, and Kara. Literally means dislike, disapproval, blamed hated, and hateful. Allah used the word makeup in the Quern such as: men evil of all these is hateful (makeup) in the sight of the Lord” (17:38) Makeup has been defined as “an act from which the Lawgiver demands to refrain in a on-absolute or non-peremptory manner” (Hosannas, Hussar Humid, al-Husk Aligarh’s and al-Sunshiny, Cairo: Dark al -Nathan al-Arability, 1972, pep).
There are three terms used for makeup. First, harm, al-Shaft’s says: I disapprove (karakul) of such and such, meaning prohibition (trim). In order to avoid the use of the term harm, the early scholars were using this sense. Secondly, attach, that which is forbidden as a religion scruple, and this is meant here. Thirdly, tarsal-awl’ (to omit what is nearest, better or preferable) such as to neglect the forenoon prayer is makeup Ithacan.
According to the majority of the jurists fugal) there is only one kind of makeup, however, Hyannis have divided into two kinds as follows: i) Makeup Thurman (disapproved by way of forbidden): the definition of this kind is that, from which the Lawgiver demands of the person under legal obligation to abstain absolutely, and which is established by probable proof and not by a certain one, such as selling a thing to another person while it has already been sold to a person before him (Sedan, Bad al-Karri, al-Hajji if Usual al Fish, Baghdad: Mahatma’s salmon al-Zamia 1967, pep). i) Makeup Ithacan (disapproved by way of religious scruple): is that from which he Lawgiver demands of the person under legal obligation to abstain in a non- absolute way. Example of makeup includes abandoning the recommended act of giving alms (shade), and to go after someone you owe money to him and compel him to pay, or selling and buying in the massed. One Haiti narrated by ABA Hairier from our Messenger shows curse on those who announce the lost items in the mosque say to him may Allah not get you back and if you see they sale in the mosque say to him may Allah not make your business profitable. . 5 Mamba (the permissible) Referred to permissible is defined as communication from Allah towards His livers that gives an option for them to do or not to do something. Following this command or act is neither rewarded nor punished for the omission. According to Imam al-Harmony, he defines mamba as an act about which the Lawgiver has given an option between performing and omitting without any demand or forcible prevention (Imam al-Harmony, al-Auburn, Doth,: Maintain’ al- Ahead, al-Haitian 1399. A. H. L, 313).
Bah has been used in the sense of option (taking), lawfulness (hill), permissibility (jaw) and absoluteness (atlas). Hence, mamba sometimes means optional, lawful, permissible, and absolute. According to al-Galahad, umbrae and jazz are synonym. He said that hajji does not include the meaning of jaw for the reality of jaw is to give option either committing or omitting an act and Shari’s is indifferent in respect of doing or not doing a jazz (permissible) act (Al- Galahad, al-Mustard, Cairo : Mahatma’s Mustard Muhammad, 1356. A. H, l, 47).
The fugal used the word mamba and other similar words to indicate the permissibility any indifferent of an act, and not necessarily the mamba. For example, giving debt to other person all financial transactions are permissible except those which are specifically prohibited or have prohibited elements. Allah said in Sarah al-Basilar, “Allah has made lawful sale”. However, if you are doing something that is permissible provide with the good intention, it will be Amanda, and you will get reward from Allah, even if what you are doing is normal or custom such as eating.