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Islamic INTRAfaith Dialogue
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Angela
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bullet Topic: Quran and Hadith
    Posted: 30 April 2007 at 2:34pm

I am asking this question because I've seen a couple of times where hadith have been used to supercede the Quran in arguements.

So, here is the question?  In Sharia, which law is supreme, the one in the Quran?  Or the one in the hadith?

The Quran is said to be perfect.  Hadith are used to clarify.  But what if they come into conflict. 

Example for sake of clarification. 

Fornication/Adultery. 

Punishment from the Quran:  80 lashes.

Punishment from Hadith: Stoning.

Which is the higher law? 

If God dictates very specific punishments, how can anything else be used?  I have seen hadith (unverified and verified) used to argue points that were in contrary to the wording of the Quran.  Some local sharia courts using weak hadith that support cultural belief over the very clear wording of the Quran.

I've seen alot of discussion on scholars, hadiths and fiqh.  But, in the end, how do you assign authority? 

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Abeer23
 
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bullet Posted: 01 May 2007 at 1:56am

The Qur'an is a book of Guidance.  Had every law been mentioned in detail it would have taken volumes.  In such a case it's memorization and preservation would have been difficult.  Allah (s.w.t) sent us a Prophet.  The answer to your question lies in the relationship between the Qur'an and sunnah of the Prophet (s.a.w) that we have in his ahadith.  I think your question is on the sunnahs 5th role, but I mentioned 1-4 just FYI.

1- the sunnah reiterates the injuctions of the Quran.  This one is obvious.  For example, the Qur'an tells us to establish daily prayers, and the Prophet (s.a.w) also ordered us to do the same.

2- The explanatory sunnah elaborates the concise injuctions of the Qur'an.  This is also obvious.  How to pray is not mentioned in the Qur'an, we find this only in the sunnah.

3-  The sunnah also specifies some general statement in the Quran.  For example, the Qur'an prohibits us from eating dead meat (this is a general statement).  The sunnah specifies this statement, saying we are allowed to eat the dead meat of the sea.

4-  The sunnah qualifies the unqualified in the Qur'an.  For example in the case of theft.  The Qur'an states the thief's hand should be cut off.  But obviously we don't cut off a persons hand because he stole a loaf of bread.  From the sunnah we know the amount that desereves this punishment.

5- The sunnah as an independent source of legislation.  There are different opinions among the scholars on this one.   I agree with those who put it as an independent source because examples can be found in the Qur'an.  The Prophet only commanded us in things by the command of Allah; this part of the sunnah is unrecited revelation.  Here goes a few examples:

a- (2:144)  Allah Says: "...and We appointed the Qibla to which thou wast used, only to test those who followed the Messenger from those who would turn on their heels (From the Faith)."

The first qibla for the Muslims was bayt al-maqdas then the ayah was revealed (i think 17 months later) telling the Muslim to turn thier faces to masjid al-haram.  Now in the above ayah, Allah ascribes the appointment of the first Qiblia to Himself.  However, there is NO AYAH IN THE QUR'AN that orders the muslims to face bait al-maqdas.  This order was recieved by the Prophet from Allah, and he ordered the Muslims to face bayt al-maqdas.  From this example you can see the legislative power of the sunnah (which is due to the fact that it is part of revelation).

2- (2:239) Allah says: " If ye fear (an enemy), pray on foot, or riding, (as may be most convenient), but when ye are in security, celebrate Allah's praises in the manner He has taught you, which ye knew not (before). "

This ayah is referring to salat (in time of war then peace).  This ayah states that Allah has taught us how to pray (the normal way).  There is no ayah in the Qur'an that specifies the procedure.  This is found only in sunnah, yet still Allah attributes it to Himself.  Again you can see the legislative power of the sunnah as a result of its divine source.

Bottom line, I see it as a source of law because of its soruce.  Allah has already told us the Prophet (s.a.w) doesn't speak of his own desires (wa ma yantiqu an al-hawa), I believe this.  Keep in mind though, not all ahadith are authentic and as such do not represent the Prophet's (a.s.w) sunnah. 

You won't find a contradiction between an authentic hadith and the Qur'an.  Some people may confuse the 3rd role of the sunnah as contradicting the Qur'an, but in reality there is no contradiction.  Hope this answers your question.  If you want a "deeper" answer you could try sending your question in to the QA of Islamicity or another islamic site.

Salaam



Edited by Abeer23
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Angela
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bullet Posted: 01 May 2007 at 7:59am

Well, Abeer, I'm more looking at the direct contradictions.  Like my example.  In a Hadith, the Prophet (pbuh) was brought two Jews who had commited adultery.  He judged them according to their own book.  In the Torah, the punishment is Stoning.  Thus, the Prophet (pbuh) punished adulterers with stoning.  However, the Quran is very specific in this case.

My question is, if the Quran is very specific about something and a hadith changes that drastically, which is the Law?

I remember being told by another Muslim that the Prophet (pbuh) forbid the Hadith from being recorded because he was afraid that it would get mixed in with the Quran.  So, if this was his fear, I can understand it. 

I watched a show the other night where a girl (16) was hung in Iran for fornication.  There were claims that she was actually being sexually abused by the much older man.  He received 100 lashes, but she was hung.  There are cases in the middle east where stoning is the preferred punishment.  Rami even argued with me once that it was a mercy to stone them because they received their punishment in this life and wouldn't be punished again in the next.

I have been seeing some minor arguments amoung all of you about the Hadith versus the Quran.  I guess that's why I'm trying to understand the times where the Quran is very specific, yet it almost seems like the Hadith are given more weight?

Don't get me wrong, many of the Hadith are great lessons.  I'm not a non Muslim who dislikes the Hadith.  I'm just trying to get an understanding on how is has come that in a number of cases they have superceded the Quran. 

The most evident of these is just the stoning versus whipping.  There are others, few but important. 

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Israfil
 
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bullet Posted: 01 May 2007 at 10:29am
You have to specify exactly what you are asking. You are talking about punishment (i.e. the hanging of the 16 year old girl in Iran) which, is different then specifically addressing just Qur'an and Hadith. Are you specifically addressing what the prophet said in Hadith that may contrast to Qur'an? Or if there is a verse in Qur'an that runs opposite of something said in Hadith? If so, specify otherwise you may need to ask someone much learned.
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Angela
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bullet Posted: 01 May 2007 at 10:50am

I guess, I'm talking about punishments for crimes detailed in the Quran and Hadith.  Which takes precedence? 

024.001
YUSUFALI: A sura which We have sent down and which We have ordained in it have We sent down Clear Signs, in order that ye may receive admonition.

024.002
YUSUFALI: The woman and the man guilty of adultery or fornication,- flog each of them with a hundred stripes: Let not compassion move you in their case, in a matter prescribed by Allah, if ye believe in Allah and the Last Day: and let a party of the Believers witness their punishment.

024.003
YUSUFALI: Let no man guilty of adultery or fornication marry and but a woman similarly guilty, or an Unbeliever: nor let any but such a man or an Unbeliever marry such a woman: to the Believers such a thing is forbidden.

024.004
YUSUFALI: And those who launch a charge against chaste women, and produce not four witnesses (to support their allegations),- flog them with eighty stripes; and reject their evidence ever after: for such men are wicked transgressors;-

This is VERY clear.  There really isn't very much that can be misinterpreted here.  Its pretty simple.

Yet.... I draw your attention to the bottom of this fatwa. 

Name of Questioner

Usama   - United Kingdom

Title

How Islam Views Adultery

Question

Dear scholars, as-salamu `alaykum. Can you please provide me with verses from Qur’an and the Sunnah regarding adultery? I mean anything regarding the punishment of adultery and how the adulterer is seen in the eyes of Allah. Jazakum Allah khayran.

Date

16/Nov/2006

Name of Counsellor

Ahmad Kutty, IOL Shari`ah Researchers

Topic

Adultery & Fornication

Answer

Wa`alaykum As-Salamu wa Rahmatullahi wa Barakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear brother in Islam, we would like to thank you for the great confidence you place in us, and we implore Allah Almighty to help us serve His cause and render our work for His Sake.
Islam has taken a firm and decisive stance against Zina (fornication or adultery). Allah, the Almighty, commands in explicit and unequivocal words:
(And come not near unto adultery. Lo! it is an abomination and an evil way) (Al-Isra’ 17: 32).

Thus, Islam not only prohibits Zina, but also closes all the avenues and means leading to it. This is achieved by prohibiting every step and means leading to stimulating desires, opening ways for illicit sexual relations between men and women, and promoting indecency and obscenity.

In his response to your question, Sheikh Ahmad Kutty, a senior lecturer and Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:

Adultery in Islam is one of the most heinous and deadliest of sins. Its enormity can be gauged from the fact that it has often been conjoined in the Qur’an with the gravest of all sins: shirk or associating partners with Allah.

The enormity of this sin is no small measure due to its dire consequences affecting individuals, families, and societies. Among these are that it entails infidelity and erodes the trust and tranquility that are the foundations of a fulfilling family life; it dissipates one’s energies; it undermines peace at home; it corrodes the purity of one’s soul and hence destroys one’s faith; finally, it exposes the person to the wrath of Allah, thus resulting in eternal damnation.

It is no wonder then that Allah and His Messenger have sounded dire warnings against adultery in so many ways. To list only a few instances:

Allah says in the Qur’an,
(And come not near unto adultery. Lo! it is an abomination and an evil way) (Al-Isra’ 17: 32).

(And the servants of the Beneficent) are those who do not invoke another god with Allah, and who do not…commit fornication/adultery, for whoever does that shall receive the penalty; for him shall the torment be doubled on the day of resurrection, and therein he shall abide forever, disgraced, save him who repents and believes and does good works; those, Allah shall change their misdeeds into good works. And Allah is Forgiving, Compassionate) (Al-Furqan: 68-70).

The Prophet (peace and blessings be upon him) said, “Whoever guarantees me that he will guard his chastity, I will guarantee him Paradise” (Al-Bukhari).

Abu Hurayrah reports that the Messenger of Allah said, “No one commits adultery while still remaining a believer, for faith is more precious unto Allah than such an evil act!” In another version, it is stated, “When a person commits adultery he casts away from his neck the bond that ties him to Islam; if, however, he repents, Allah will accept his repentance” (Al-Bukhari, Muslim, Abu Dawud, An-Nisa’i and others).

The Prophet (peace and blessings be upon him) further said: “[Under Islamic laws in an Islamic state] It is not lawful to shed the blood of a Muslim except for one of three sins: a married person committing fornication, and in just retribution for premeditated murder, and [for sin of treason involving] a person renouncing Islam, and thus leaving the community [to join the enemy camp in order to wage war against the faithful].” (Al-Bukhari, Muslim, Abu Dawud, Tirmidhi, and An-Nasa’i)

During his ascension, the Prophet (peace and blessings be upon him) was escorted by Jibreel and shown different types of punishments meted out to those guilty of various major offenses. While recounting the various scenes shown to him, he said, “Then Jibreel took me and we passed by a group of people with terribly inflated bodies emitting worst foul smells just like that of open sewers; when I enquired who they were, he replied, ‘These are those who commit adultery!’” (Ibn Khuzaymah)

The Prophet (peace and blessings be upon him) said: “Faith is like a shirt that Allah places on those He chooses; but whoever commits adultery his shirt will be taken off from him; if he were to repent sincerely, Allah will place it back on him.” (Al-Bayhaqi)

“There are three types of sinners that Allah will not speak to on the Day of Resurrection; neither He will purify them nor will He even look at them; rather they will suffer severe punishment: an older person who commits adultery, a king or ruler who lies to his subjects, and a poor person who acts arrogantly!” (Muslim and An-Nasa’i)

“When adultery becomes rampant in a nation Allah will expose them to His chastisement.” (Abu Ya`la)

“When promiscuous behavior becomes rampant in a nation, Allah will send upon them such (strange) diseases that their own ancestors never heard of.” (At-Tabarani)

“There are seven categories of people who will be granted protection under the shade of Allah on the Day when there is no other shade;… among them is a young person who is seduced by a woman of great beauty and wealth and yet he rejected her advances saying ‘I fear Allah!’” (Al-Bukhari and Muslim)

The Prophet (peace and blessings be upon him) said, “O mankind! Beware of fornication/adultery for it entails six dire consequences: three of them relating to this world and three to the next world. As for the three that are related to this world, they are the following: it removes the glow of one’s face, brings poverty, and reduces the life-span. As for its dire consequences in the next world they are: it brings down the wrath of Allah upon the person, subjects him to terrible reckoning, and finally casts him in hell-fire” (Al-Bayhaqi).

Excerpted, with slight modifications, from: www.muslims.ca

Given the above, it is to be noted that the punishment specified for an unmarried person guilty of fornication in the Shari`ah is 100. In the very beginning of Surat An-Nur, it is stated that: (The woman and the man guilty of adultery or fornication,- flog each of them with a hundred stripes: Let not compassion move you in their case, in a matter prescribed by Allah, if ye believe in Allah and the Last Day: and let a party of the Believers witness their punishment) (An-Nur 24: 2).

As for the punishment specified in the Shari`ah for the married adulterer or adulteress, it is stoning to death. In the Kuwaiti Encyclopedia of Islamic Jurisprudence, we read the following:

Ibn Qudamah wrote: “Muslim jurists are unanimous on the fact stoning to death is a specified punishment for married adulterer and adulteress. The punishment is recorded in number of traditions and the practice of the Prophet (peace and blessings be upon him) stands as an authentic source supporting it. This is the view held by all Companions, Successors and other Muslim scholars...”

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Angela
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bullet Posted: 01 May 2007 at 10:54am

Name of Questioner

S. C   - Belgium

Title

Repentance for Zina

Question

Sheikh, As-Salamu `Alaykum wa Rahmatullah wa Baraktuh. While I was on a business trip abroad, I had an uncontrollable erotic urge, and regrettably, I committed Zina (adultery). I am a married man, and my wife is three month pregnant. Now, I am filled with remorse and I don’t know what to do and what is my legal status towards my wife?

Date

03/Jun/2002

Name of Mufti

Yusuf Al-Qaradawi

Topic

Adultery & Fornication, Love & Sex

This is more of a curiosity piece, but this man wronged his wife, why is he instructed not to tell her and seek her forgiveness too????  What if he got sick because of his affair?  Ugh, I hate double standards.  Stone the woman even if she's repentent, tell the man to keep it a secret and pray.   grrrrr.

Answer

Wa`alykum As-Salaamu Warahmatullahi Wabarakaatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Brother, thanks a lot for your question, which shows how Allah-fearing and truthful penitent you are. May Allah accept your repentance and forgive your sin!

Brother, really, one of the most tragic and consequential sins in which man engages is adultery. This heinous crime destroys families, lives and destroys within some people the hope of attaining Allah’s pleasure. But in Islam, the door of repentance is always open, only that the repentance itself demands a resolve to cease from a sinful activity. A person who has engaged himself in an adulterous relationship must resolve to cease from the sinful sexual activity and return to Allah, seeking His forgiveness. Allah will surely turn unto him and shower him with His mercy.
This indicates that, brother, you should never lose hope of gaining Allah's mercy. As you have indeed committed a major sin, you should repent very seriously and immediately. Rush to Allah and beseech Him to forgive you.

Allah says in the Qur'an: "Say: 'O my Servants who have transgressed against their souls! Despair not of the Mercy of Allah: for Allah forgives all sins: for He is Oft-Forgiving, Most Merciful.'" (Az-Zumar: 53) "Allah accepts the repentance of those who do evil in ignorance and repent soon afterwards; to them will Allah turn in mercy: For Allah is full of knowledge and wisdom." (An-Nisa': 17)

Moreover, the Glorious Qur’an gives glad tiding to penitent people who having committed sin such as Zina regretted their sins, determined not to do them once more, and performed righteous deeds that Allah will replace their sins with Hasanat (rewards). Allah says, “(And true servants of Allah are)those who cry not unto any other god along with Allah, nor take the life which Allah hath forbidden save in (course of) justice, nor commit adultery and whoso doeth this shall pay the penalty; the doom will be doubled for him on the Day of Resurrection, and he will abide therein disdained for ever; save him who repenteth and believeth and doth righteous work; as for such, Allah will change their evil deeds to good deeds. Allah is ever Forgiving, Merciful. And, whosoever repenteth and doeth good, he verily repenteth toward Allah with true repentance.” (Al-Furqan: 68-71)

Brother, be keen on performing your prayers regularly, and always get yourself more involved in Islamic work. You should focus on going to the Masjid (mosque), reading the Qur'an on a daily basis, attending Islamic classes, and try to be away from any company that does not remind you of Allah. Give Sadaqah (charity) to the poor and the needy with the intention to purify yourself and expiate your sins. Finally you should determine not to commit this sin again.

On this point, the eminent Muslim scholar, Sheikh Yusuf Al-Qaradawi, states:

“Whoever commits Zina should repent and turn penitent to Allah and beseech His Forgiveness, and resolve firmly never to commit such sin again, exactly as the milk never returns back to the udder.

Some scholars are so strict, as they opine that the adulterer should go to the family of his female partner and confess to them and beg their pardon, because this is considered peoples' rights, and people should forgive him for his transgression. This means that a man, after committing Zina, should go and tell someone that he has committed Zina with his wife or daughter and that he asks their forgiveness. Definitely, such thing is unreasonable, for it poses untold risks for a person making such confession.

So, reliable scholars state that repentance is a matter between the sinner and His Almighty Lord. If you show remorse and regret and seek Allah's Forgiveness, hopefully, Allah will forgive you.

There is no legal status concerning you and your wife in such a case. I hope you would keep that matter a secret, and preserve your home and your family and never commit such sin again. I advise you to turn penitent to Allah to help you and always seek His Forgiveness.”

Editor's note:

For further information, we recommend you to read The Door of Repentance (Tawbah) is Wide Open .

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rami
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bullet Posted: 01 May 2007 at 5:12pm
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Hi Angela

Ill reply to your original post rather than the two fatwahs as it is the shorter one

I am asking this question because I've seen a couple of times where hadith have been used to supercede the Quran in arguements.

Since the Quran is the word of Allah and ahadith the word of the prophet who represents allah neither in reality take precedence over the the other. But the Quran has been preserved while ahadith need verification on there authenticity so for practical purposes there can be doubt placed on any hadith not rigorously authenticated.

Hadith do not take precedence over the Quran in law, since you are clearly stating a black and white manner this is the black and white answer if you like. What may occur is that the verse in the Quran my not be addressing specifics of an Issue while the hadith is more clear on the matter hence one is taken over the other. You can not take Hadith over Quran if the Quran is specific and clear this is a principle of Islamic law.

The Quran is said to be perfect.  Hadith are used to clarify.  But what if they come into conflict.

The scholar should then investigate the reason for the contradiction but if no reason can be found and in some rare cases this has occurred, in matters of law the Quran takes precedence.

Example for sake of clarification. 

Fornication/Adultery. 

Punishment from the Quran:  80 lashes.

Punishment from Hadith: Stoning.

Which is the higher law?

Neither, you dont seem to have an eye for detail

The 80 lashes are for people who are not married while the stoning is for people who are married.

If God dictates very specific punishments, how can anything else be used?  I have seen hadith (unverified and verified) used to argue points that were in contrary to the wording of the Quran.  Some local sharia courts using weak hadith that support cultural belief over the very clear wording of the Quran.

Maybe this is your perception only or maybe there is some principle of law behind the decision which an unqualified person will not know or maybe these people are simply wrong in there judgment.

If your asking about pure islamic law dont look to local scholars or courts or whatever to get an answer this is like expecting every muslim on the street to be a walking Quran and the perfect representative of islam and using that as a basis for your assessment of what islam says and does not say. You have to look at the Islamic legal experts or rather law in its pure form not as it is being practiced today among uneducated people.

I've seen alot of discussion on scholars, hadiths and fiqh.  But, in the end, how do you assign authority?

If no reason can be ascertained for the contradiction and in reality it is a contradiction then the Quran is taken above hadith, this is a universal principle among scholars. But in many cases people assume there is a contradiction when in reality there isnt.




Edited by rami
Rasul Allah (sallah llahu alaihi wa sallam) said: "Whoever knows himself, knows his Lord" and whoever knows his Lord has been given His gnosis and nearness.
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bullet Posted: 01 May 2007 at 6:46pm

 

 I am in agreement with rami that Quran takes precedence, in this order, as follows:

1. Quran,  2,  Sunnah (the practice ofthe prophet). 3. Hadith ( that is sayings of the prophet).

It easy to understand that the adulterer will be given 80lashes only and no stoning to death. That was the law os Moses (stoning). It may have been practiced for the Jews only or for the Muslims too beofre the revelation of Surah Noor.

There is no difference in a married adulterer or an unmarried adulterer. That is a mistake of the Ulema to differentiate between married and unmarried. There is no stoning for the adulterer any where in the Quran. So, that is settled.

But otherwise also the Quran takes precedence over everything. Any Hadith which goes against the Quran cannot be accepted easily.

If any one is bad some one must suffer
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