Islamic
Jurisprudence (Usul Al Fiqh):
Fatwa of Sahaba
By
Shah Abdul Hannan
Fatwa of Sahaba (Companion of the Prophet, SM)
Fatwa (opinion or ruling) of Sahaba is indeed a very important and
deserves highest consideration, they being close to the Prophet (SM)
and because of their direct knowledge from the Prophet (SM). There is
some disagreement as to who is a Sahabi. Majority hold that anybody
who met the Prophet (SM) while believing, is a Sahabi. Minority hold
that "Suhbat" (continuity of companionship) is a
requirement to call a person a Sahabi of the Prophet (SM) [Imam
Shawkani, Irshad; also Dr. Hashim Kamali, Principles of Islamic
Jurisprudence, Islamic Texts Society, Cambridge, U.K.]. Both points
of view have justifications and can not be ignored. The fact of
being Sahabi can be established by continuous testimony (tawatur) or
by affirmation of any other companion or even by own claim (if the
person is upright).
Fatwa of Sahaba means an opinion reached
by a Sahaba by way of Ijtihad. As regards whether fatwa of Sahaba
constitute a proof on succeeding generations, there are three views :
First view is that - it is an absolute proof. The proponents of this
view quote the Quranic verses 9:100, 3:109. They also quote Hadith
like "my companions are like stars" or “Honour my
companions". First view is held by Imam Malik. Imam Shafii
and Ahmad Bin Hanbal also have been quoted in its support.
Against this view, it has been suggested that these references speak
of the status and dignity of Sahaba. These are not categorical
(Qaati) regarding compulsion to obey their decisions). Second view is
- that Ijtihad of a companion is not a proof and does not bind the
succeeding generations. Hanafi jurist Abul Hasan al Karkhi, Imam
Ahmed (according to one view of him) and Asharite and Mutazilite
scholars hold this view. They quote the Quranic Ayat 59 : 2
("Consider, O You who have vision"). It is argued that the
Ayat makes Ijtihad an obligation of all who are competent and makes
no distinction between Sahabis and others. Imam Gazali and Amidi
consider it preferred view. To me this is the appropriate view.
Third view is that of Abu Hanifa
himself. He says that ruling of a companion is a proof if it is in
conflict with Qiyas but not when it agrees with Qiyas. The aforesaid
are the main views. There are some other views which may be seen in
the books of Usul.
It can be
concluded that the Fatwa of a companion is a source of guidance which
merits careful consideration (though not binding except in case of
their clear Ijma).
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