The Authority of the Sunnah in the Quran:

The Authority of the Sunnah in the Quran:

Analytical Study of Classical Tafasir

By

Ahmad Eldridge Cleaver

A Dissertation for the MA in Islamic Studies

SOAS, University of London The Authority of the Sunnah in the Quran:

Analytical Study of Classical Tafasir

Table of Contents

Abstract

Methodology for Analysis of the Authority of the Sunnah of MuhammadChapter 1 Contemporary Discussions of the Authority of the Sunnah

Chapter 2 The Sunnah in the Quran

Chapter 3 Obedience to God and Obedience to Muhammad

Authority of Muhammad to Clarify the Quranic Legal Rulings Muhammad and the Quranic Etiquette for Muslim Women Economic Authority of Muhammad Authority of Muhammad over Wealth Acquired through Conflict Chapter 4 The Judicial Role of Muhammad Authority of Muhammad to Consecrate Marriages Authority of Muhammad to Give Legal Rulings to Ahlu Kitaab Asmat Muhammad and IjtihadChapter 5 Legal Terminologies and Muhammad in the Quran

Conclusion

The Authority of the Sunnah in the Quran:

Analytical Study of Classical Tafasir

Abstract

This paper was a Dissertation that formed part of the academic work that earned the MA in Islamic Studies at SOAS, the School of Oriental and African Studies at the University of London. The study discusses the status that the Quran attributes to the Sunnah of Muhammad. The approach for analyzing the subject will depart from the Tafasir or works of Qur'anic commentary of Classical Islamic scholars and their exegesis of ayat that mention Muhammad. The study is organized into themes and concepts that include the Quranic injunctions to obey God and the Messenger, the judicial role of Muhammad and legal terminology in the ayat where Muhammad is mentioned. The research highlights the existence of indicators in the Quranic text to the legal authority that is given to the Sunnah of Muhammad. The Qur'anic interpretations of these legal implications by a diverse collection of twelve Mufasirun are examined. The scholars selected span from the 3rd/9th Century to the 8th/14th Century. The intention is to offer a focused perspective of the perception, place and role of the Sunnah in the eyes of Classical Islamic scholarship. Answers are sought to questions regarding what is the significance of the Sunnah of Muhammad in Islamic law and thought. The answers presented are the ones found according to how Muhammads Sunnah is presented in the scriptural Quranic text.

Ahmad Eldridge Cleaver

MA Islamic Studies, Centre of Islamic Studies, Department of the Near and Middle East, Faculty of Languages and Cultures, SOAS-School of Oriental & African Studies, University of London Transliteration Guide

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Introduction

The Quran is the first source of authority in Islam. Within the Quranic text are found numerous ayat conveying at times rules at other places broad guidelines that are religious, spiritual, moral, legal, social and political. Often the wording is in the form of a direct dialogue with Muhammad (Q. 2:80, 2:97, 2:135, 3:154, 8:38, 17:110).

"They say, 'The Fire will only touch us for a few days.' Say to them: 'Have you received a promise from God--- for God never breaks His promise---or are you saying things about Him of which you have no real knowledge?'

(Al-Baqarah 2:80)

Since the Quran is the first source of the religion of Islam, in it are guidelines and indications of what is authority in Islam. So then we can ask of the Quran some questions, read its text and examine what scholars have explained in their Tafasir.

The first question we will ask is; can any indicators be found in the Quran to Muhammads Sunnah? What is mentioned of the Sunnah of Muhammad within the Quranic text? Does the Qur'an attribute any significant importance to the Sunnah of Muhammad? Is the Sunnah a source of authority in Islam?

The role of Muhammad, as described in the Quran, holds fundamental importance in this work. Is adherence to the Sunnah described in the Quran? And what importance is the Sunnah given in its text? How are Muhammad and his prophesy presented in terms of the authority which he wields? Was the Sunnah perceived to be entitled any legal authority by the Classical Mufasirun? Did they recognize a relationship between his Sunnah and authority in the Islamic Shariah? Does the Quran contribute to the authority of the Sunnah? Did the Classical scholars of Tafsir view Muhammads Sunnah as a source of law in Islam? This examination of Classical Tafasir seeks to answer the above questions.

Originally the term Sunnah; linguistically means a way of conduct, an act or a custom, also a well beaten path, and an established consistent practice, a manner or a methodology for doing something. (Q.17:77, 35:43) That is the meaning which the term carries when it is employed in the Quran eighteen times according to G. H. A. Junyboll and sixteen according to Muhammad Siddiqi and M. M. Azami.

"Such was Our way (Sunnah) with the Messengers We sent before you, and you will find no change in Our ways." (Al-Isra 17:77)

"They became more arrogant in the land and intensified their plotting of evil---their plotting of evil only rebounds on those who plot. Do they expect anything but what happened (Sunnah) to earlier people? You will never find any change in God's practice (Sunnah); you will never find any deviation there.

(Fatir 35:43)

However, in the terminology of Islamic studies the word Sunnah specifically came to designate the words, actions, tacit approval, the way and consistent practices of the Prophet Muhammad. The term Hadith signifies the written documentation by which Muslim scholars have attempted to compile and preserve the Sunnah during the early centuries of Islam. While amongst some Muslims, a minority, Hadith is referred to as a synonym for Sunnah.

The methodology employed to investigate the answers to the above mentioned questions regarding how the Sunnah is presented in the Quran is by analytical study of the Classical Tafasir of thirty-five ayat of the Qur'an. These thirty-five ayat were selected because they mention Muhammad, his Sunnah or his authority practice is referred to. To examine their meanings we will embark on a discovery of Quranic commentary of the Classical Islamic Era. Within its pages we will unfold the status and the role of the Sunnah. I will define and limit the Classical period of Islam as from the 3rd/9th century to the 8th/14th century. However, this study's limits do not include Shia or Zahiriya Tafasir neither does this paper investigate ilim al rijjal; the reliability and the biographies of the narrators in the Hadith cited by the Mufasirun.

My intention is to discover how classical Mufasirun perceived the significance of the Sunnah of Muhammad. The intention is to answer the questions mentioned above by an analytical study of the exegesis of twelve classical Mufasirun of ayat in the Quran that mention Muhammad. The study is organized into chapters and subchapters according to themes and concepts to effectively highlight the relevant details to be found in the Classical works of Tafsir.

In Chapter 1 is a brief overview of contemporary discussions on the authority of the Sunnah in Islam. An outline of how the Sunnah is defined and some trends amongst both contemporary Muslim scholars and Western scholars is offered. In contemporary scholastic terminology non-Muslim specialists and experts in the study of Islam are referred to as Islamicists, whereas they were more commonly known in the past as Orientalists.

Chapter 2 introduces the Sunnah in the Quran.

Chapter 3 analyzes the Qur'anic theme of obedience to God and obedience to Muhammad. This section examines the reasons why the Quran often communicates an injunction to Obey God and obey the Messenger. Chapter 4 examines the judicial role of Muhammad in the text.

Chapter 5 is an analysis of legal terminologies in ayat where Muhammad is mentioned.

The paper then ends with the Conclusion.

Methodology for Analysis of the Authority of the Sunnah of Muhammad

The methodology employed is an analysis of the Quranic exegesis written by twelve Classical scholars. Thirty-five ayat in the Quran that refer to Muhammad have been selected. In the Tafasir discussion is made of if authority is invested in Muhammad and in his established practice, his Sunnah or not. Relevant discussions have been researched to deduce the presence or absence in the Quran of indicators to the authority of the Sunnah as a source of law. Moreover, elaboration has been investigated so as to define the place of the Sunnah and its relevance in the Islamic religion.

The pages of Tafasir include lengthy commentary on asbab al nuzul, the occurrences for revelation, Arabic linguistics, grammar, morphology, Hadith, Athar, sayings of the Sahaba, Tabien, Tabi al-Tabien and rational discourses on the meanings of the scriptural text. A focused strategy to uncover if these scholars recognize any legal implications in the Quran that are relevant to the question; is the Sunnah of Muhammad a source of authority in Islam?

The Classical works of Tafasir from the 3rd/9th century to the 8th/14th have been investigated and from each century I have chosen the works of two scholars to study and analyze. The Mufasirun I have chosen form a quite diverse group, a broad cross-section of the methodologies of Classical Islamic scholarship. They include four scholars who are adherents to the Shafi mathab, three scholars from the Maliki law school, two Hanafi, two Hanbali and one scholar, Ibn Jarir Al Tabari (d. 310/922), who founded the Jaririyya mathab which is no longer followed. There are four Mufasirun from the area of modern day Iraq, three from Iran, two Syrians, two from Andalusia - the name used for the Islamic empire's area of Spain and one Algerian.

One of the twelve scholars is Ibn Taymiyyah (d. 728/1328). Although he does not have a complete work specifically of Tafsir, a seven volume work has been recently published that compiles a great deal of his own written work of Qur'anic exegesis. The text is entitled al-Tafsir al-Kabir and within its pages is a considerable storehouse of his prolific writing that delves deeply into Tafsir and is organized by subjects.

So that a wide breadth of Classical Sunni understandings of Islam are examined, the Tafasir of scholars who were Rationalist or Ahlu Ray, Mutazilite, Ashari, Sufi as well as scholars who were strictly orthodox in their aqidah, system of beliefs, have been selected. Each of these classical scholars are specialists in either Islamic Jurisprudence, Hadith, and/or experts in Arabic linguistics and realistically many of them had profound levels of expertise not only in their specialty but in other fields of Islamic sciences as well.

The thirty-five ayat mentioning Muhammad are listed in Table 1 below. All of the Mufasirun included in my research are then listed in Table 2.

Table 1 Quranic Ayat referring to Muhammads Sunnah

Sura Name AyatSura Period

'li `Imrn 3:32, 132Medina

An-Nisa' 4:13-14, 59, 64-65, 69, 80, 105Medina

Al-M'idah5:42-43, 48-49, 92Medina

Al-'A`rf7:157Mecca

Al-'Anfl8:1, 20, 46Medina

Al-Tawbah 9:71Medina

An-Nr24:51-52, 54, 56Medina

Al-'Azb33:21, 33, 36, 71Mecca

Muammad 47:33Medina

Al-Fat48:10, 17Medina

Al-ujurt49:14Medina

Al-Mujdila58:13Medina

Al-ashr59:7Medina

At-Taghbun64:12Medina

Table 2 Selected Mufasirun

NameMathabTafsirOriginSpecialtyBelief SystemMethodology

Ibn Jarir Al- Tabari

(d. 310)Shafi then Jaririyyah MujtahidJami al- Bayan an tawil al- QuranTabaristan, Khurasan, -Iran-MuhaddithOrthodoxHadith, Athar, linguistic, legal implications

Al-Jassas

(d. 370)HanafiAhkam al- QuranBaghdad, IraqJuristOrthodoxRationalist, Legal implications

Al-Mawardi (d. 450)Shafial-Nukat wa 'l-uyn Basra, IraqJuristOrthodoxLegal implications

Al-Wahidi (d.468)ShafiAsbb al-nuzl Naysabur, Khurasan, -Iran-Arabic linguistOrthodoxOccurrences of revelation & Linguistic

Al- Zamakshari (d. 538)HanafiAl-KashshafTransoxiana, Khurasan, -Iran-Arabic linguistMutaziliteGrammatical, syntax, philological, morphology

Ibn Al-Furs (d. 597)MalikiAhkam al- QuranAndalusiaJuristOrthodoxLegal implications

Al-Razi

(d. 606)ShafiMafh al-ghaybKhurasan, -Iran- Khurasan, -Iran-Theology, Philosophy Ashari PhilosopherKalam = Dialectic philosophy

Al-Qurtubi (d. 671)MalikiAl-Jami Li Ahkam al- QuranAndalusiaJurist, MuhaddithOrthodoxLegal implications

Ibn Kathir

(d. 774) ShafiTafsir Al- Azim Al-QuranDamascus, SyriaMuhaddith, Jurist, OrthodoxHadith, legal implications

Ibn Taymiyyah (d. 728)

Hanbali MujtahidCompiled recently from his writingsHarran, Iraq, Damascus, SyriaJurist, Muhaddith, TheologyOrthodoxHadith, legal implications

Al-Thalabi

(d. 875) MalikiAl-Jawahir al-HisanAlgeriaJuristSufilegal implications

Ibn Adil

(d. 880 +)HanbaliAl-LebabDamascus, SyriaJurist, MuhaddithOrthodoxHadith, Legal implications

Chapter 1 Contemporary Discussions of the Authority of the Sunnah

Among the majority of contemporary Muslims scholars the Sunnah of Muhammad is seen as a source of law next in authority to the Quran. Some contemporary scholars perceive that part of the reason this is the majoritys view has its roots with the efforts of Muhammad b. Idris Al-Shafi (d. 204/820). He is one of the early scholars who were known to be especially active in teaching the view that Muhammads Sunnah is revelation secondary only to the Quran. The influence of his al-Risalah, the first written work on usul al-Fiqh, was important in popularizing and spreading the concept that the Sunnah of Muhammad is revelation. However, amongst the Muslim scholars who preceded al-Shafi are a large number of Hadith scholars who taught that the Sunnah was both way, revelation, and a source of law. The views of the Sunnah to these early scholars from the tabiun and the tabi tabiun represent the views of the teachers of al-Shafi. Therefore, although one can not disregard the influence of al-Risalah, it can be argued that its articulation of the authority of Muhammads Sunnah was a teaching passed down to al-Shafi from the generations of Muslim scholarship that preceded him. By researching carefully into the legacy of the Hadith scholarship of Muhammad b. Shihab al-Zuhri (d. 124/742), al-Amash (d. 148/765) , Shuba b. al-Hajjaj (d. 160/776) Sufyan al-Thawri (d. 161/778) and Malik b. Anas (d. 179/795) it can be uncovered that al-Shafi only expressed how the Sunnah was a legal authority in the eyes of the teachers before him, like Malik whom he was a direct student of.

Strict adherence to deducing law based mainly only on the two sources of the Quran and the Sunnah has been a point of disagreement amongst Fiqh scholars. Many Hanafis, Rationalists and Mutazilites distinguish strictly and completely between Hadith ahad and Hadith mutawatir. They accept as a proof for evidence in ahkam, legal rulings or aqidah, Hadith only if they are mutawatir with multiple narrators in every stage of the Isnad, the chain of transmission. This then eliminates a vast number of Hadith that scholars from the other side of this methodological disagreement, especially many of the scholars of Hadith claim are important in documenting the Sunnah, the ahkam and aqidah.

Classical Salafi Islam or Traditionalist Salifis are what Scott C. Lucas and other scholars describe as the other side of this contemporary Muslim discussion of the authority of the Sunnah. They comprise a minority of scholars who hold to the methodology that every Hadith that is authentic in its Isnad and its matin is an acceptable proof and authorized to be employed as evidence for both ahkam and aqidah. In their assessment, refusing to accept a Sunnah that is documented in a Hadith ahad is to neglect a perfectly acceptable and authentic Hadith. Ibn Taymiyyah, Ahmad b. Hanbal and other Hanbali jurists similarly held that Hadith Ahad when confirmed with supporting evidence was an acceptable proof and legitimate documentation of the authentic Sunnah.

So inside the range of contemporary Sunni Muslim scholarship, all basically accept Muhammads Sunnah as an authority in Islam but to different degrees and extents. For a large portion of scholars how much authority is given to any particular Sunnah differs according to the grades of the Hadith that document it, whereas a minority of scholars accept any authentic Hadith as a legitimate proof.

Many Islamicists have researched the authenticity of Hadith and came to the conclusion that the Hadith were fabricated in mass. Joseph Schacht wrote extensively on Fiqh literature including Maliks al-Muwatta, both Shafis al-Risalah and al-Um as well as other Islamic legal works. Schachts writings on Islamic law were founded on his thesis that the vast majority of Hadith were merely invented in the 1st /7th Century. In Schachts own words, Muhammad had little reason to change the existing customary law. His aim as a Prophet was not to create a new system of lawhis authority was not legal but for the believers religiousthe evidence of legal traditions carries us back to about the year 100 A.H. only. Then to Schacht, the idea that the Sunnah carries legal authority in Islam was only a theory innovated a century after Muhammad by jurists seeking to produce evidence in support of their legal opinions. Schachts thesis remains a fundamental part of research done by western scholars on Islam and has continued to influence major trends and new thinkers. His research methodology focused far more on Fiqh literature than on the books of Hadith, Hadith criticism or the biographies of Hadith. Consequently, Schacht's comparatively limited investigation of the sciences of the tarjim, the biographies of the narrators of the Hadith and the verification of the chains of transmission of the Hadith were one of the main reasons that led him to his conclusions.

Ignaz Goldziher saw Hadith as merely a record of the development of ideas in the Muslim community that were fabricated centuries after Muhammad. Juynboll took on a similar methodology with some modifications and further developed the earlier theories of Hadith fabrication coupling them with detailed visual representations of Isnads that interlinked and were depicted in imaginative artistic diagrams.

There are also conflicting trends and opinions western literature regarding the authenticity of Hadith and thus the relevance of the Sunnah. Some scholars categorically disagreed with the thesis that Schacht and others promoted. Harald Motzki for instance, studied Isnad via older and newly recovered books of Hadith such as the Musannaf of al-Razzaq al-Sanani and disagreed with Schachts and Goldzihers sharply skeptical and quite negative perceptions of the Isnad. In fact, there has been a host of writers of commendable literature by Islamicists who have employed scientific methods of research to critically investigate and analyze Hadith literature. This new wave of Islamicists has contributed to the discussion around the authority of the Sunnah. For instance, Hallaqs work on legal theory provided sound evidence of the role that the Sunnah of Muhammad played in Islamic law. Nadia Abbot shared her excellent research that gives a much more accurate presentation of the Isnad and how the transmission of Hadith from Muhammad was verified and confirmed by early Muslim scholars using an exacting methodology. Moreover S. D. Goitein and S. G. Vesey-Fitzgerald are two other Islamicists whose scholarly works have made strides towards a more effective analysis of what role the Sunnah occupies in Islam.

When unbiased, balanced modern scientific research is used to investigate the actual Hadith literature itself, then accurate conclusions can be arrived at. Such is what can be found in the work of Motzki, Hallaq, Abbot and others. Whereas Schacht, Goldziher and Juynboll wrote as if their conclusions were arrived at before they began their research. They passed judgments upon the authenticity of the Hadith with little investigation of its Matin, the text of the Hadith, or the methodology for the authentication of the Isnad, the chain of transmission of the Hadith, its meaning, purpose, its texts or sources. This study concentrates on the beginning of Islam, the first source, the Qur'anic text, so as to shed light upon what is said within it of the Sunnah's authority. In the next chapter we begin to look at the Sunnah in the Qur'an. Chapter 2 The Sunnah in the Quran

Now we will begin to turn to what can be found in the Quran that refers to the Sunnah of Muhammad. Note that what we endeavor to discover is can any indication of the authority of the Sunnah be found in the Quran?

First, it must be said that many of the ayat in the Quranic text are general and give to the reader guidelines, principles or directs the reader with a language of broad themes. One does not always find conveyed the specifics of how to exactly implement some of its injunctions. Thus, there are a countless number of tenets and legal rulings in the Shariah law that comes from specific legal implications that are deduced from Hadith and not mentioned in the Quran. For instance, the Islamic prohibitions against a Muslim man being simultaneously married to a woman and her maternal aunt, human consumption of the meat of predators and taking ransom for prisoners of war were only transmitted via the Sunnah and not by the Quran.

Another important example of how the Quranic text often relies on general language can be found in no other than the fundamental daily ritual of worship in Islam, Salat. The Qur'anic description of Salat, offers Muslims a picture that is less than a complete illustration of how it is to be performed. Salat is mentioned 67 times in the Quran. We are told it is an act of worship that contains standing in prayer (Q. 22:26, 37:165), bowing, (Q. 9:112, 39:9) prostration, (Q. 3:111, 9:112, 22:26, 39:9, 48:27) the glorification of God, (Q. 18:28, 24:58) with submission to the Creator (Q. 23:2).

Likewise, the performance of Salat is stated to be at fixed times (Q. 4:103), yet the details given of the times of Salat are not very precise. The text defines the times as at early dawn and in another place at morning (Q. 17:78, 33:42). While other ayat say when the day begins to decline (Q. 30:18) in the afternoon (Q. 33:42) at the rising and setting of the sun (Q. 50:39) and at the two ends of the day (Q. 11:114). However, these descriptions in the Qur'an consist of slightly vague images and are in need of some specification in order to form a complete framework giving directions, instructions and details for the daily ritual of prayer for the life of the individual Muslim, the family and the community.

So we can understand that a need exists to fill in the gaps, per say, or to give further elaboration, to clarify exactly what was meant in the Quranic text. For certainly, these accounts of the times and modes of Salat do not form a completely clear definition with sufficient detail. Therefore further elaboration was of course necessary. Consequently, Salat, the five times a day Muslim prayer was given ample clarity, illustration and demonstration in the Sunnah. The numbers of Hadith that narrate the specific details of the Salat are nearly countless. It is as if by design, what has not been stated and detailed in the Quran is then a subject that can be found, defined and reported upon in the Sunnah of Muhammad.

The role of the Sunnah in the previous example is essential. We can find many other examples where the unspecified areas and general language in the Qur'an have

been clarified by the Sunnah. By studying the Tafasir of thirty-five Quranic ayat we will examine if the Classical Mufasirun saw the Sunnah as a source for rules, laws and beliefs as well as if they sought more detailed explanations of the Quran in the Sunnah. The Quran unfolds a presentation to its reader of Muhammad, a model practitioner of the religious way of life of Islam. His words and deeds are proclaimed to be necessary contributions towards understanding Islam and thus his station is raised to a very high status in the text. I introduce the Sunnah in the Quran by highlighting that the text conveys an association between Muhammads words and the revelation of the Qur'an.

Your companion (Muhammad) has not strayed; nor is he deluded;

nor does he speak from his own desire. The Qur'an is nothing less than

a revelation that is sent to him." (Al-Najm 53: 2-4)Chapter 3 Obedience to God and Muhammad

How does the Quran present Muhammad in relation to God and in relation to Muslims? Out of the thirty-five ayat researched, twenty-one of them couple the imperative verb obey with God and Muhammad. Although the wording of the ayat vary, one of the fundamental concepts that is consistently conveyed in these ayat is Ai` Allha wa ai` ar-Rasl "Obey God and obey the Messenger. (Q. 3:32, 3:132, 4:14, 4:59, 4:64, 4:69, 4:80, 5:92, 8:1, 8:20, 8:46, 24:52, 24:54, 33:33, 33:36, 33:71, 47:33, 48:17, 49:14, 58:13, 64:12)

Fakhr Al-Din Muammad b. Umar b. al-usayn Al-Razi (d. 606/1209) employs a philosophical and rationalist methodology in his Tafsir. He was a Shafi scholar, whose belief system was that of the Ash'ari sect. He was described as an excellent preacher with a strong voice, a big build and a long beard who would bring his listeners to tears when giving religious talks. His Tafsir stands out because of his format of using arguments, counter-arguments, sub-arguments and his opinions more so than using Hadith or Athar of the Sahaba or Tabien. His work is one of the most wellrespected Tafasir bi'l Ra'y, dialectic theology and rationality. Part of the reason for it being admired is how the author eloquently links ayat in the Qur'an to Astronomy, Medicine, Math and Philosophy while still including in his exegesis a large amount of Ahkam, Arabic grammar and Balagha, Arabic eloquence. Al-Razi was a student of the master linguist and Mufasir Al-Zamakshari.

Al-Razi elaborates upon the concept of obedience to Muhammad. He questions why is the obedience to Muhammad tied in the same sentences to obedience to God? In the Qur'anic methodology of reasoning, it is as if, for example; if one could ever imagine disregarding Muhammads directions, to participate in jihad was permissible; then the Quran adds to the command for jihad to defend the Muslims; it is actually an act of obedience to God as well as obedience to Muhammad. (Q. 8:20) When the Quranic text expresses obedience the term used is not his name, Muhammad. Rather he is designated by the title, the Messenger - Ar-Rasl.

By the command to obedience, Ai`, what is meant is that according to Muslim belief, God is in the words of the Quran, directly giving Muslims an injunction and an order, a directive and a command to submit to and to adhere to the teachings of God in the Quran and the teachings of Muhammad in the Sunnah. To obey Muhammad means to adhere to his Sunnah. The command is a duality, but according to the beliefs of Muslims, the Quran extends directly from one, from God. Even though there are two lawgivers, but actually the authority of the second, Muhammad, is not completely independent. Muhammad's authority stems from him being the Messenger. So he conveys the message, and its laws from the source, the highest and most absolute authority in Islam, from God.

The Qur'anic command for obedience consistently repeats itself; "Ai` Allha wa ai` Ar-RaslObey God, and obey the Messenger"

This explicit, direct command with an imperative verb often comes in an ayah immediately following Ayat Ahkam, Qur'anic verses of Islamic legal rulings. Such an arrangement acts as an encouragement and a confirmation for the believers to adhere to the laws reported. From among the occurrences where this is evident are the Quranic prohibitions against alcohol, gambling, lending money with usury, the prohibition against apostasy, the decree for jihad as well as the rules for the gathering and the distribution of both charity as well as wealth acquired through conflict or through peace treaties.

The Hukum prohibiting alcohol and gambling is found in an ayah that conveys an unequivocal legal ruling of prohibition:

"With intoxicants and gambling, Satan seeks only to incite enmity and hatred among you, and to stop you remembering God and prayer. Will you not give them up?" (Al-Ma'idah 5:91)

This ayah is then immediately followed by Q. 5:92 that first begins with 'Ai` Allha wa ai` Ar-Rasl:

"Obey God, and obey the Messenger, and always be on your guard: if you pay no heed, bear in mind that the sole duty of Our Messenger is to deliver the message clearly." (Al-Ma'idah 5:92)

Zamakshari interprets this ayah to be more of a warning about the harmful consequences of alcohol and of the non-adherence to the Hukum against its consumption and not directed solely to a failure to obey God and Muhammad. In other words, the idea of obedience to God and to Muhammad here is just to confirm the seriousness of the Islamic law's prohibition of intoxicants.

Another quite explicit Hukum forbids usury in Q. 3:130 and the following ayat opens with 'Ai` Allha wa Ar-Rasl. (Q. 3:132) This Hukum exemplifies one of the aspects in the Quranic methods of reasoning in that it employs contrasts to convince the reader of the wisdom and benefit in following its rules. In addition, the Quranic text intertwines eschatological warnings of punishment to non-adherence. There is one ayah sits between the Hukum and the ayah commanding obedience; Zamakshari mentions that this ayah was called by Imam Abu Hanifa; the most frightening ayah in the entire Quran. The reason is that the believers are warned of being punished in the hellfire that has been especially prepared for non-believers. (Q. 3:131)

Ibn Taymiyyah similarly writes that the fires of hell were designed for non-believers and this ayat and many others warn believers to beware or they will be punished with the same flames which were prepared for the non-believers as well. The use of contrast juxtaposes images of the hellfire in the afterlife against the command for obedience coupled with portraits of a destination colored with eternal divine mercy. (Q. 3:132) .

"Beware of the Fire prepared for those who disbelieve. And obey God

and the Messenger so that you may be given mercy."

('li `Imrn 3:131-2)Apostasy Apostasy from Islam is categorically prohibited and among the ayat interpreted to deduce this Hukum are Q.47:25, 32. These ayat similar to what we have seen in the ayat mentioned above are coupled with a command for obedience to God and obedience to Muhammad:

O you who believe, obey God, and obey the Messenger and do not let your deeds go to waste. (Muhammad 47:33)

Many of the Classical Mufasirun reported that the Sahaba used to have confidence that all of their good deeds after they converted to Islam would be automatically accepted by God until this ayah was revealed. At which point many of them began to fear that the greater sins could nullify a Muslims good deeds. A number of the classical scholars interpreted from this ayat the Hukum of wajub, compulsory religious obligation, to the adherence to Gods commands in the Quran and to Muhammads Sunnah. This ayah is referred to by Al-Razi in the context of the Hukum that forbids apostasy. Apostasy is described by many Classical scholars as a sin that nullifies any rewards from previous good deeds. Here apostasy is being contrasted against adherence to the command of obedience to God and to Muhammad. The former wipes away any record of good deeds while the later is seen as the heights of good deeds and the door opening to the straightway rich with good works. The Qur'anic method of reasoning systematically returns to the uses of such contrasts in this way seeking to prove its point.

Al-Razi cites Q. 49:2 in his Tafsir of Q. 47:33 as supporting evidence that to disobey Muhammad is in fact a greater sin that erases a persons good deeds:

"O you who believe, do not raise your voices above the Prophet's, do not raise your voice when speaking to him as you do to one another, or your good deeds may be cancelled out without you knowing." (Al-Hujurat 49:2)

Five of the scholars here examined interpreted the ayah as contrasting following the Sunnah against leaving the religion of Islam, or converting to another faith. The legal implication of following Muhammad's Sunnah is found in how the ayah forbids raising ones voice above Muhammad's. The legal ruling these Classical scholars have deduced here is that to apostatize from Islam is equivalent to the act of rejecting Muhammad's Sunnah; the consequence of which results in all of ones good deeds being lost. Tabari, Ibn Kathir, Qurtubi, Ibn Adil and Al-Razi thus construct from this ayah the Hukum that following the Sunnah is obligatory upon Muslims.

Muammad b. Jarr b. Yazd Al-Tabari (d. 310) from Tabaristan, Khurasan of contemporary Iran wrote the oldest surviving Tafsir that still remains intact as well as important historical texts that preserve quite hard to find details of the first centuries of Islamic history. He inherited a good deal of money from his father and supported himself humbly, travelling to Baghdad, Basra, Wasit, Kufa, Damascus, Palestine and Egypt to study. He devoted his life to learning and had not even married before he died. Tabari was a Muhaddith and a Faqih.

Tabari's methodology in his Tafsir is that he first details the interpretation of the ayah and then narrates Hadith from the Sahaba that support and prove its meaning. Then he continues by narrating athar from the Tabieen and the Tabi al-tabien. Initially he was a Shafi scholar and then developed his own school of law, the Jaririyya mathab that has not survived. His Aqida was orthodox and within his Tafsir he highlights ayat where he interprets refutations of the Mutazilaite, Qadiriyah, R'ay - the rationalists, as well as Tafasir relying solely on the Arabic language. Whereas Tabari, himself does elaborate in his Tafsir using Arabic grammar and cites Arabic poetry to weigh conflicting Hadith and athar. These linguistic skills are exercised so as deduce the most accurate meaning when relevant to Ahkam and Tafsir.

Tabari goes to great lengths to outline Ijmah amongst the schools of law and their differences of opinions related to Ahkam. The main source of Tafsir in his methodology was the Hadith, the Sahaba; the documented sayings of Muhammad and the early Muslims; also known as the salaf. When he cites legal rulings he always gives the Isnad and chooses the best opinion, in his eyes by comparing the legal implications in the Qur'an and in the Hadith he narrates.Jihad

The decree of jihad is shown in different places within the Quranic text and one is Q. 8:45. This injunction is followed by an ayah that commands obedience:

"Wa 'Ai` Allha Wa Raslahu Wa L Tanza` Fatafshal Wa Tadhhaba Rukum

Obey God and His Messenger, and do not quarrel with one another,

or you may lose heart and your spirit may desert you." (Al-'Anfl 8:46)

Muhammad's role during conflicts is described in some detail by Umar b. Ali b. Adil Al-Dimashqi (d. 880+/1475+). Ibn Adil was a Hanbali jurist, a Syrian, educated in Damascus and Egypt where he died. He wrote a commentary on a Hanbali Fiqh book authored by the grandfather of Ibn Taymiyyah as well as his Tafsir on ayat al Ahkam.

He interprets from this ayah that Muhammad had the authority to lead Muslims into battle and moreover, that their obedience to him was a prerequisite for victory.

Five centuries earlier, Tabari writes that the sabab al nuzul, the occurrence for revelation, of this ayah was when the companions left Muhammad during the Battle of Uhud. Others wrote that the ayah was revealed during the Battle of Bader. Whether the ayat was revealed during the first or the latter, the Quranic text connects victory on the battlefield with obedience to God and obedience to Muhammad. A metaphor is used with Rukum, your power, strength, victory or spirit.

Mamd b. Umar Zamakshari wrote what is often called the most comprehensive Tafsir elaborating on the linguistic style, Balagha, rhetoric, Arabic grammar, morphology and philogy of the Qur'an. His work highlights Ijaz of the Qur'an, the miraculous nature of the Qur'an, in the sense of the linguistic miracle of the Qur'anic language. He held that the Qur'anic Arabic can only be from a divine source and compared it repetitively with traditional Arabic poetry, highlighting the multi-levels of meaning of the Qur'anic text.

Zamakshari was from Transoxiana, Khurasan, in Iran, a Hanafi scholar, a renowned master-specialist in Arabic linguistics and one of the teachers of Al-Razi. He followed the Mu'tazilite theology. He also wrote works in lexicography, a thesaurus of the Arabic language, an Arabic-Persian dictionary, a dictionary of over 3,400 Arabic proverbs and a Classical Arabic dictionary of rare words and expressions found in the Hadith of Muhammad.

All of Zamakshari, Al-Razi and Ibn Adil add that this Qur'anic Arabic expression is multi-layered in meaning and that Rukum can also convey the sense of your country, i.e. that by not obeying God and Muhammad ones country could become weak, lose respect or never to be feared by anyone. Such an interpretation of the Qur'anic Arabic word Rukum, has a potentially broad reach to be employed in critique on the state of affairs in contemporary Muslim countries. In terms of obedience, many of the Mufasirun stressed that no victory or assistance can come from God unless the Muslim fighter was sincere in both obeying the commands and avoiding the prohibitions of God in the Quran and in Muhammad's Sunnah. Likewise to quarrel or dispute about the authority of Muhammad or even of the legitimacy of his Sunnah was interpreted as a potential cause of weakness and defeat. This is contrasted against the Quranic command of obedience coupled with the promise of victory by divine assistance

Ibn Kathir (d. 774/1373) unique amongst the Mufasirun, writes an elaborate testimony of the importance of obedience in his Tafsir of this ayah. He invokes a long list of nations who were defeated by early Muslims when many Sahaba, the companions of Muhammad, were still alive. To him it was the Sahabas' and early Muslims' pure devotion to obeying God and adhering to Muhammads Sunnah which brought a special blessing upon the Muslim armies. According to Ibn Kathir, this blessing was one of the main reasons behind the defeat of the legions of fighters opposing the early Muslims in Egypt, Iran, the Turks, the Berbers, the Ethiopians, the Sudanese and the Slavs. Perhaps Ibn Kathir was writing to awaken the memory of the Muslim past glory after the Mongol invasions had defeated and demolished much of the capitol of his homeland Damascus.

His full name was Isml b. Umar b. Kathr who flourished and died in Damascus. He was a Shafi scholar and one of the most renowned students of Ibn Taymiyyah. Through his scholarly accomplishments, Ibn Kathir earned the respect of many, as a teacher in the Islamic schools and large Mosques of Damascus. His Tafsir is a used as a standard text studied in Islamic universities internationally. However, his most famous work is al-Bidya wa 'l-nihya, a detailed narration of Islamic history from the Sirah of Muhammad to the Mamluk period. He also authored valuable works on the sciences of Hadith especially his biographical histories of the narrators of Hadith. It is worthy to note that he married the daughter of Jaml Dn al-Mizz (d. 742/1342) and became the son-in-law of arguably the most famous Muhaddith in Syria.

Obedience to Muhammad who Conveys Ahkam

Obedience to Muhammad is a fundamental Quranic concept because he teaches and demonstrates many Ahkam, the legal rulings of Islam. This concept is found in the following ayah:

Laqad Kna Lakum F Rasli Allhi 'Uswatun asanatun

The Messenger of God is an excellent model for those of you who put

your hope in God and the Last Day and remember God often. "

(Al-'Azb 33:21)

The significant term here is 'Uswatun and means an exemplar, a model. Classical scholars have inferred from this ayah and others that Muhammads life example, his words and deeds are a source of law for all aspects of life. Moreover, this principle can be found taught internationally, that the foundation of a Muslims life should be based on the example demonstrated by Muhammad. This basic and fundamental principle in the Islamic faith is often expressed by referring to this ayah.

However, two varying trends of juristic opinions have been described by the scholars. The first group of scholars held that it was wajib to follow the example set by Muhammad unless there was additional evidence in the sources of Islam that denote a specific Sunnah as being only mustahab, praiseworthy or highly recommended. Whereas the second group of scholars deduce that the ruling of following Muhammads Sunnah was mustahab, to be heeded and patterned after, yet not as an obligation unless additional evidence denoted wajub, a compulsory obligation.

Three Fiqh scholars, jurists, Al-Jassas, (d. 370/981), Qurtubi (d. 671/1273) and Mawardi (d. 450/1058) differentiated between Muhammad's temporal or worldly affairs and his religious Sunnah. They agreed that in amal, worldly affairs, that giving precedence to Muhammads Sunnah was only mustahab, while in religious affairs it was wajib.

Amad b. Al Ab Bakr al-Rz Al-Jassas a Hanafi jurist, wrote the most important Tafsir that specifically expresses the legal opinions of the Hanafi School of law. His methodology was that of Ahlu al Ray, the rationalists and didactic theologians. He studied in Baghdad, in Tabarani and Nishapur of old Iran. His work of Tafsir is focused almost entirely on Ahkam. Often he compares the opinions of the different schools of law and emphasizes the reasoning behind the Hanafi position. It could be called a Tafsir of comparative Fiqh, however, the preference for the Hanafi mathab opinions leaves the reader with less than a fully balanced presentation.

Al-Jassas presented the opinion that the Hukum for following Muhammads amal, temporal worldly action, only conveys the Hukum of mustahab. This he deduces from

the legal implication of the expression Lakum, for those of you." (Q. 33:21) "The Messenger of God is an excellent model for those of you"

Al-Jassas deduces this not to be a general obligation, a command for Muslims, but a mustahab directive to gain rewards for doing it and not to be blameworthy for discarding it. What was necessary for a command from Muhammad to be obligatory according to Al-Jassas was that it must contain an unequivocal imperative verb and no less. Other scholars such as Ibn Kathir, Ibn Furs and Ibn Adil mentioned that opinion but disagreed with it. So here we can see the two trends of juristic opinions. Al-Jassas that following Muhammad's Sunnah in 'amal is only mustahab. Whereas on the other side, Ibn Kathir, Ibn Furs and Ibn Adil that adherence to Muhammad's Sunnah in 'amal was wajib.

Another one of the three Fiqh scholars mentioned above is Muammad b. Amad b. Ab Bakr b. Faraj al-Anr al-hazradj al-Andalus , most commonly called al-Qurtubi (d. 656/1259). He was a Maliki jurist, a Muhaddith and known to be an expert in the Arabic language. He travelled to study and spent years outside of his homeland Andalusia until his death in Egypt. He was known for his asceticism, his consistently reminding others of the life after death and his simple appearance wearing one garment and a small head cap. His Tafsir focuses on the ayat al-Ahkam with emphasis on Hadith as the preferred source of interpretation. However, Qurtubi also employs linguistics to deduce legal implications; citing Arabic poetry to elaborate on the meaning of rare Qur'anic Arabic vocabulary. His belief system was orthodox and refutations of the Mutazilite, Qadiriyah and Shia Aqida can be found in his Tafsir. The work can be also approached as a Tafsir of comparative Fiqh as he cites in a detailed presentation the differences of opinions of the Islamic schools of law. His text has a balanced spirit, as he expresses openly his agreement with some legal opinions that contradict the Maliki mathab positions while citing the views of others.

That Muhammad conveys and delivers the legal rulings of Islam, its commands and prohibitions is also his boundary. Meaning that the Quran depicts him as only a deliverer and not one to be held accountable if people adhere, submit, accept the Quran and his Sunnah or if they reject or disregard it. The responsibility is not his nor the blame according to the Quranic text. (Q. 5:92, 64:12)

"Obey God, and obey the Messenger, and always be on your guard: if

you pay no heed, bear in mind that the sole duty of Our Messenger is to

deliver the message clearly." (Al-Ma'idah 5:92)

"So obey God, and obey the Messenger. If you turn away, remember

that Our Messenger's duty is only to make plain his message."

(At-Taghabun 64:12)

In the eyes of a traditional Muhadith Mufasir like Ibn Kathir, the lions share of the authentic sources for Tafsir is drawn from the Hadith. This is of course his methodology. Q. 64:12 for Ibn Kathir relates to revelation in a most simple and clear way. From God the message, the revelation is sent, from Muhammad it is delivered and for humanity is to submit to the message from the Messenger. These are the main points Ibn Kathir finds as relevant and important in this ayah.

Special emphasis is placed by some scholars on the view that this ayah exonerates Muhammad from one and all who neglect his message and also implies a stern warning of eschatological punishment to the non-believers. The Quranic implication is that God will punish those who reject the message delivered by Muhammad, including its Shariah laws commands and prohibitions.(Q. 5:92, 64:12) This exegesis is deduced from the existence of a threat being expressed in the Quranic text. When there is a threat of punishment in the Qur'an, it conveys that the injunction or belief expressed or commanded is then to be interpreted as wajib. An important aspect of Tafsir is to be seen in Ibn Kathir's writing here and that is how Mufasirun explain the Quranic method of reasoning. This type of Qur'anic logic ties adherence to Islamic spiritual beliefs and the Shariah laws to promised rewards. The benefits enumerated that come from obeying the legal rulings in the Qur'an again and again are woven into eschatological rewards in the afterlife. Authority of Muhammad to Clarify Legal Rulings in the Qur'an

Related to the obedience of Muhammad and his role in conveying the message is his clarification of the Quranic legal rulings. By Muhammad's daily demonstration and explanations of the Ahkam in the Quran, his Sunnah parallels or accompanies the Quran. Three ayat in the Qur'an explicitly express this by a command to the listener or the reader to obey God and Muhammad. (Q. 5:92, 24.54, 64:12) The relative portions of the three ayat are quite similar and all of these ayat begin with the command to obey God and to obey Muhammad.

"Obey God, obey the Messenger, and always be on your guard: if you pay no heed, bear in mind that the sole duty of Our Messenger is to deliver the message clearly." (Al-Ma'idah 5:92)

"Say: 'Obey God and obey the Messenger. If you turn away, know that he is responsible for the duty placed on him and you are responsible for the duty placed upon you. If you obey him, you will be rightly guided, but the Messenger's duty is only to deliver the message clearly." (An-Nur 24:54)

`"So obey God, and obey the Messenger. If you turn away, remember

that Our Messenger's duty is only to make plain his message."

(At-Taghabun 64:12)Tabari explains the essential role of the Sunnah with the example of the Salat. Indeed, as there is no other way of learning its correct performance except via Muhammads demonstration and instructions in his Sunnah. Thus legal authority, the conveying and the explaining of the message of Islam and its Ahkam are found in Muhammad's Sunnah. Al-Shatibi(d.790/1388) elucidates that this is a general principal of the Islamic Shariah: what is not explicitly evident in the Quran by design is to be explained and elaborated upon by Muhammads Sunnah.

Ibn Taymiyyahs prolific writing is replete with scholastic proclamations and refutations deduced from his exegesis of the Quran and the Sunnah. He builds upon the meaning of these two ayat a quite detailed refutation of some of the Sufi leaders of his day and time. (Q. 24:54, 64:12) He criticizes their claims to teach their followers high secrets of spiritual perception as heedless innovations in religion and a rejection of the Hukum in these ayat. The crux of his argument is that the delivery of the clear spiritual message of Islam, the complete teachings of Islam, was a strict divine obligation upon Muhammad by God. Thus any "secrets" are to be found within the Qur'an and in Muhammad's Sunnah and not in a later developed doctrine designed by the Sufi spiritual leaders Ibn Taymiyyah argues.

Ahmad b. 'Abd al-Halm b. 'Abd as-Salm b. Taymiya al-Harrn (d. 728/1328) was born in Harran of present day Iraq. He was born into a time of war and hostility with the onslaught of the Mongol invasions in Iraq and Syria. His family immigrated to Damascus, Syria when the Mongols took Iraq. He was the third generation of highly revered Hanbali Fiqh scholars and began his erudite education in his home. His life was devoted to study, teaching, preaching and fighting the Mongol invasion in Syria. By the end of his life he had never married and died a single elderly man. His legacy continues to be most well-renown for his uncompromising religious call for Muslims to return to a sincere adherence to the sources of Islam; to the Qur'an and to the Sunnah. This was his methodology and view; to focus upon seeking to purify the religious practices of Muslims from newly invented religious acts and sectarian belief systems. Ibn Taymiyya's main theme was to promote modeling Islamic practice upon the example of Muhammad and the Sahaba. His efforts in preaching and writing were also the main reasons he was arrested and imprisoned several times in Syria and Egypt.

His written works are over 600 in number. His methodology was most similar to that of a Muhaddith, in adherence to the principle that any religious act had to first have a precedent found in either the Qur'an or in the Sunnah. His Aqidah was orthodox and much of his written works were refutation of the belief systems of the Ashairi, Mutazilites, Qadiriya, Shia and the Christian Trinitarian belief. However, there are also volumes upon volumes of his Fatawa that have been compiled from his written replies to questions sent to him. His writings of Qur'anic exegesis have mostly been extracted from his prolific writing on Fatawa. The influence of Ibn Taymiyya's writing is still strong in contemporary Muslim society where a diverse array of various groups, organizations and the religious institutions of Saudi Arabia hold him to be a forerunner of a common Islamic methodology. One of the famous scholars who was given the title, Sheikh of Islam, during his lifetime. The methodology that he promoted gained him a great deal of respect and many enemies.

Muhammad and the Quranic Etiquette for Muslim Women

Quranic etiquette regarding Muslim women is a multi-faceted doctrine including many Ahkam. One of these legal rulings is confirmed and given great emphasis by being coupled in an ayah with a command to obey God and Muhammad. (Q. 33:33) There is a consensus among these Mufasirun on the meaning and significance of this ayah. The Classical scholars expressed that the Hukum communicated in Q. 33:33 is that it is wajib for Muslim women to stay in the safety and security of their homes as much as possible, with the exception of going out for necessities. Although the language of this Quranic injunction is directed specifically to the wives of Muhammad, the Hukum is interpreted to be a general one that includes all Muslim women and is worded in such a manner so as to honor Muhammads wives.

The earliest of these Tafasir, that of Tabari, relates that prior to the revelation of this ayah, Muhammad had already began to give guidelines and etiquette instructions for Muslim women. Muhammad directed Muslim women to dress modestly and not to mix freely with men as was commonly accepted in pre-Islamic Arabia. Thereafter, his practice, his Sunnah was given legal authority by the revelation of a Quranic injunction. For the ayah conveys a quite specific prohibition that forbids the previously accepted norms of ancient, pre-Islamic cross-gender socializing:

Wa Qarna F Buytikunna Wa L Tabarrajna Tabarruja Al-Jhilyati Al-'l.

And stay at home, and do not flaunt your finery as they used to in the pagan past (Q. 33:33)

Tabarruja literally means for a woman to adorn herself with clothing that is enticing, alluring and is intended to arouse lustful reactions from men. The term communicates a legal implication that is very specific. The ayah effectively bars flirtatious conversations, cross-gender intermingling and free mixing between non-mahrams, men and woman. By non-mahrams is meant a man and women who are not related to one another and could legally get married to each other. The legal implication of the ayah prohibits the non-mahrams from mixing together when they are alone whether in public or private. The term Tabarruja also referred to a type of walk or a strut that ancient Arabian women employed to grab a mans attention. This Tabarruja was a way to attract a man, a way of walking with a sway by moving their bodies in an alluring fashion. This was specifically included in the definition for Tabarruja given by six scholars:- Tabari, Al-Jassas, Al-Mawardi, Al-Razi, Qurtubi and Ibn Kathir. One of the reasons behind this Hukum is to prevent women from being harassed or lured into pre-marital sex. So here is a case of when the Quran is legislating into legal authority the actual and practical Sunnah of Muhammad. And once again the Hukum is followed by the call to obey God and to obey Muhammad.

The first section of the ayah ends with three commands to perform the Salat, give Zakat, the prescribed alms, and to obey God and to obey Muhammad. Each of these imperative verbs is in the feminine plural form to directly address Muslim women. This Qur'anic etiquette for Muslim women is firstly, a defensive technique, a way of minimizing the social contact between men and women. Secondly, the goal of it is to reduce the causes of flaring the sexual appetites in Muslim society. The intention would seem to be that the Shariah law is to form a barrier, an obstacle in the way of extra-marital sexual affairs. Thirdly, this Qur'anic injunction promotes the concept of modesty. Modesty is contrasted against a woman flaunting her natural beauty in a flirtatious fashion. The etiquette of Muslim females is an aspect of the Islamic religion that is recognized internationally. Its root and earliest beginning was to be found in the Sunnah of Muhammad before it was revealed in the Qur'an.

From the six scholars who most effectively elaborated the meaning of this ayah is Al b. Muammad b. abb al- Mward (d. 450/1058) a Shafi jurist educated in the Iraqi cities of Basra and Baghdad. He was described as a dignified gentleman who spoke in a polite and honest manner. His most renown work is Ahkam al-Sultaniya which outlines the principles of Islamic public law. Throughout his life he was appointed quite a few times to prominent government positions such as judge, head of diplomatic missions and director of Islamic schools. These posts coupled with his vast knowledge of the Islamic Shariah earned him the title of Qadi al-Qudat, or the supreme judge of judges. His Tafsir focuses on the exegesis of ayat al-Ahkam.Economic Authority of Muhammad

Quranic injunctions establish three types of economic authority for Muhammad. He is given the authority to gather and to distribute charity, enemy property attained peacefully and wealth attained through conflict. (Q. 58:13, 59:7, 8:41) There are differences of opinions amongst scholars regarding what exact method of distributing these three types of economic resources was commanded in these ayat. Many of them wrote that Q. 59:7 was abrogated by Q. 8:41. However, the Tafasir of the greatest clarity in explaining these legal implications were provided by the jurists, Fiqh scholars, whose works focus on Ayat al Ahkam; Qurtubi, Al Jassas and Ibn Furus. Each of theses jurists were in consensus that these ayat are all complimentary and none of them were mansukh, abrogated. Their consensus is that Q. 58:13 provides a Hukum for charity, Q. 59:7 for enemy property attained peacefully while Q. 8:41 conveys the Hukum of Khums, the division of economic resources attained through conflict.

Muhammad's authority over charity and its distribution was expressed in an ayah that made giving him a donation for charity wajib when the Sahaba had personal discussions with him. (Q. 58:12) Soon thereafter, this ayah was abrogated by one that only encouraged donating charity to Muhammad thus reducing the Hukum from wajib to mustahab. The text then finally comes to a completion by commanding obedience to God and to Muhammad:

"Were you afraid to give charity before consulting the Prophet? Since you did not give charity and God has relented towards you, you should at least observe your prayers, pay the prescribed alms (Zakt) and obey God and His Messenger: God is well aware of your actions." (Al-Mujadilah 58:13) Many of the Mufasirun agreed that the Hukum of the ayat then transferred giving charitable donations to Muhammad from being wajib to being only mustahab, praise-worthy or highly recommended. It represented a Quranic allowance due to the poverty of many Sahaba while it also contributed to the education of the early community. This temporary wajub was seen as a training period to both raise the understanding of the importance of giving charity as well as to confirm that the Qur'an is the source of Muhammads economic authority.

Property Obtained Peacefully

The term 'Af'a is used to designate property that previously belonged to non-Muslims which Muslims attained through peaceful means such as a treaty. (Q. 59:7) The sabab al nuzul of this ayah is enlightening and helps to illuminate the legal implication of this second type of economic authority. A treaty was made with a Jewish tribe called Bani Nadir in Medina. However, they reportedly broke the treaty and Muhammad and the Sahaba went to the nearby village of Bani Nadir on a military campaign. The village was surrounded, put under siege and then its inhabitants quickly negotiated to abandon Medina peacefully and leave their property behind. At which time the Sahaba began asking Muhammad for Bani Nadirs property and Q. 59:7 was revealed:

Whatever gains God has turned over to His Messenger from the inhabitants of the villages belong to God, the Messenger, kinsfolk, orphans, the needy, the traveller in need--- this so that they do not just circulate among those of you who are rich---so accept whatever the Messenger gives you and abstain from whatever he forbids you Be mindful of God: God is severe in punishment." (Al-ashr 59:7)

It is quite explicit here that legal authority over these newly acquired pieces of property was entrusted to Muhammad. He was given the right to distribute this property according to his assessment of the needs of the Muslim community. While at the same time, general Quranic guidelines were communicated that designated which members of the society are the most entitled to be given economic assistance. The ayah of 'Af'a Q. 59:7 is unlike Q. 8:41 the ayah of Khums since

no specific right in Q. 59:7 is attributed to Muslim fighters.

It is also noteworthy to analyze the quest for equality and justice that is represented in this ayah. An influx of new wealth is allocated for distribution to those in need in the Muslim community; to go to the have nots and not to the haves. Muhammad divided this wealth amongst the Muhajirun, as they were recent, poor Muslim immigrants to Medina. Shares were also dispersed to three impoverished elderly Ansar men and a portion of it was used to provide for his families.

The Mufasirun report that Muhammad never amassed wealth, but always distributed the economic resources that came to him for the maslaha al-muslimin; the general benefit of the Muslim community and for his family needs. The authority of Muhammad is linked in the Quran to benefiting the poor and helping the needy gain access to what is necessary for life and contentment. (Q. 59:7) The economic guidelines and principles found in the Sunnah are seen as a direct continuity of the economic authority entrusted to Muhammad. What he practiced is given the status of a religious and a legal principal that is to be implemented. Muhammad's legacy is one of distributing these three types of wealth to those in need.

The scholarly differences of opinions regarding the correct distribution of these resources often stemmed from this ayah. (Q. 59:7) Some scholars interpreted it to mean wealth gained without hostilities while others deduced that the ayah refers to wealth acquired through conflict. Consequently, there arose a contradiction in the understanding of the legal implications in Q. 59:7 and 8:41. Especially since, those entitled to financial aid in Q. 59:7 closely resemble those mentioned in Q. 8:41, the Khums ayah. The striking point of contrast is that in Q. 59:7, the Anfl ayah there is no share for the Muslim fighter. Thus when Q. 59:7 is studied along with its sabab al nuzul, regarding Bani Nadir, it lends itself to the interpretation that it conveys the legal ruling regarding the gathering and distribution of wealth obtained from non-Muslims through peaceful means. Economic Authority of Muhammad over Wealth Acquired through Conflict

Muhammad is given the authority to gather and to distribute wealth acquired through conflict in a Quranic injunction. This command has two separate stages and names in Quranic Arabic 'Anfl and Khums (Q. 8:1, 41) The 'Anfl is derived from the word for extra and signifies additional spoils of war distributed to Muslim fighters.

"They ask you (Muhammad) about distributing the battle gains. Say, 'That is a matter for God and His Messenger, so be mindful of God and make things right between you. Obey God and His Messenger, if you are true believers."

(Al-Anfal 8:1)

Khums is the standard shares of division set in the Quran for dividing wealth attained through physical conflict. Khums means a fifth and it is a division of these resources as described in Q. 8:41, forty ayah following the 'Anfl ayah:

Know that one-fifth of your battle gains belong to God and the

Messenger, to close relatives and orphans, to the needy and the

travellers, if you believe in God and the revelation. (Al-Anfal 8:41)

There was discussion regarding which exact share is designated by which ayah. Some Classical scholars such as al-Jassas and al-Thalabi held that the 'Anfl ayah was mansukh, abrogated by the ayah of Khums.

On the other hand, some scholars disagreed with this opinion and interpreted the legal implications in the 'Anfl ayah as a distribution done before and/or separate from the Khums division and it was completely at the discretion of Muhammad. The Quranic text explicitly places that authority upon Muhammad. Consequently, as one investigates the Sunnah, within it we can find basic criteria for selecting the fighters who are truly war torn and in economic need. This portion is taken and handed out to them before the general shares of Khums are divided is the strongest opinion amongst these Mufasirun.

The sabab al nuzul for Q. 8:1 was at the Battle of Bader, the first battle in the conflict between the polytheists of Mecca and the nascent Muslim community. After the conclusion of hostilities, the companions began to argue over whom had earned rights to the valuable items carried by the prisoners of war and found on enemy corpses. Those who were fighting in the front lines declared they had earned more rights than the others to these battle gains. While the older companions who had stayed in the rear guard around Muhammad demanded that their role earned them an equal share of the spoils. The companions of Muhammad argued and their dispute began to become a bit heated.

A majority of ten of our Classical scholars reported Q. 8:1 was revealed after the end of hostilities of the Battle of Bader. One of the ten is Ali b. Ahmad Al-Wahidi whose work of tafsir, Asbab al-Nuzul specializes in commentary on the occurrences of revelation of the ayat in the Qur'an. Al-Wahidi was from Naysabur and a student of Al-Thalabi. He was a well respected Shafi scholar, a master of Arabic literature and a grammarian. He authored four different works of Tafsir only two of which have been published. His other two works still remain only in manuscript form. In his lifetime his name was most often remembered for his commentary on the poetry of Al-Mutanabbi.

Al-Wahidi's Tafsir and the other nine explain that only after Q. 8:1 was revealed did the divisions of the wealth attained through Battle of Bader begin:

"They ask you (Muhammad) about distributing the battle gains. Say, 'That is a matter for God and His Messenger, so be mindful of God and make things right between you. Obey God and His Messenger, if you are true believers."

(Al-Anfal 8:1)

The division was seen to be a fair one and especially since the Sahaba felt confident that the authority given to the divider, Muhammad, had just been revealed in the Quran. A number of the Mufasirun described the adherence to these divisions as an essential component of reaching complete and perfect faith for a Muslim.

Who has the authority to divide the wealth gained through hostilities? The answer was detailed in the Quran. Furthermore, disobeying the authority given to Muhammad in dividing the wealth is interpreted as being forbidden. The Quran connects this Hukum to the obedience to God and the Messenger.(Q. 8:1) These Quranic guidelines provide a framework for dividing wealth and property obtained via conflict. Adherence to this established Sunnah is attributed to be an important anchor firmly grounding a Muslims faith in times of war, when peace has been lost.

One of the ten scholars referred to above is 'Abd Rahman b. Muhammad b. Mukluf al-Jazairi al-Magribi al-Maliki al-Thalabi (d. 875/1374) who was born in a village outside of Algiers. He was an Ashairi in belief and this reflects itself clearly in his Tafsir. In his work he refutes the belief system of the Mutazilite sect. Much of the text can be seen as a compilation or a newer arrangement from some of the earlier works of Tafasir; including Tabari, Qurtubi and Ibn Atiya. He does add important points regarding Arabic grammar, giving examples from traditional poetry, elaborates his interpretation with Hadith and gives some details of the different recitations of the Qur'anic text.

Chapter 4 Judicial Role of Muhammad

The Quran directs Muslims to settle their disagreements and differences by returning to Muhammad. (Q. 4:64-65, 4:105, 24:51, 33:36) In several ayat Muhammad is directly commanded to judge, make decisions and give legal rulings on cases between disagreeing sides of the Muslim society.

"We have sent down the scripture to you (Muhammad) with the truth so

that you can judge between people in accordance with what God

has shown you. Do not be an advocate for those who betray trust."

(An-Nisa 4:105)

"When the true believers are summoned to God and His Messenger in

order for him to judge between them, they say, 'We hear and we obey."

These are the ones who will prosper: whoever obeys God and His

Messenger, stands in awe of God and keeps his duty to Him will be

triumphant." (An-Nur 24:51-53)

When God and His Messenger have decided on a matter that concerns

them, it is not fitting for any believing man or woman to claim freedom

of choice in that matter: whoever disobeys God and His Messenger is far

astray . (Al-Ahzab 33:36)

For the first generation of Muslims this was done directly and there were several occurrences when Muhammad gave legal rulings and judgments between disputing parties. For the generations of Muslims after Muhammad, this is interpreted as seeking solutions, guidelines and legal rulings from both the Quran and from his Sunnah. To return or to refer to Muhammad means to refer to his Sunnah. (Q.4:59) This is a seen as a Quranic principle; the Quran and the Sunnah are the primary sources of law for life, problems and disputes. Adherence to the Qur'an and to the Sunnah is an important concept in the Quranic method of reasoning. This Islamic way of life is contrasted against both the rejection of the legal rulings of Muhammad and the seeking of a legal ruling from other than the Quran and the Sunnah. To pursue a legal solution from other than the Ahkam in the Quran and in the Sunnah to the Classical Mufasirun was a greater sin. In several ayat refusing to seek a Hukum from Muhammad is juxtaposed against its opposite; true belief and accepting the Hukum of Muhammad. (Q. 4:64-65, 5:42, 49, 33:36)

"By your Lord, they will not be true believers until they let you decide between them in all matters of dispute and find no resistance in their souls to your decisions, accepting them totally." (An-Nisa 4:65)

In Classical Tafasir, the Muslim who refuses to submit to Muhammads legal rulings and avoids them is interpreted as being stricken with Nifaq, hypocrisy. To obey the commands and to avoid the prohibitions in the Quran and in the Sunnah is seen as obligatory in general and especially in regards to disputes. One of these Quranic injunctions which conveys the mandate of adherence to the authority of God and of Muhammad reads:

O you who believe! Obey God and the Messenger and those in authority among you. If you are in a dispute in any matter, refer it to God and the Messenger, if you truly believe in God and in the Last Day... (Q. 4:59)

Accepting the Hukum of Muhammad is held to be a fundamental part of Muslim faith. These Classical scholars of Qur'anic exegesis explain that in Muslim belief, all of the prophets are sacrosanct, inviolable and sent to humankind by God to be followed and to be obeyed. Thus the ruling of adherence to the Sunnah is seen in the Tafasir as an obligatory ruling by the majority of the scholars in this study.

In this ayah, Q. 4:59, an outline can be found of the basic principles of Islamic jurisprudence, usul al-Fiqh. Obedience to God and returning to God convey that the Quran is a primary source of law. To obey the Messenger, or return to the Messenger means to follow and apply the Sunnah of Muhammad as a source of law. Those in authority is given quite a few different yet related interpretations including Islamic scholars, rulers, people of influence, experts, the companions and first Muslim Caliphs from the Sahaba, Abu Baker and Omar and even a husband and his influence or authority in the home.

Moreover, the majority of the Classical scholars in this study gave preference to the opinion that the ayah infers that --- those in authority among you, 'l al-'Amri Minkum specifies the Islamic scholars who are specialists competent in deducing Ahkam from the Quran and Sunnah. Thus their Tafasir refer to the third source of law in Islam, Ijma. Ijma is the consensus of opinion of all of the Muslim scholars at any particular time who are knowledgeable and competent enough to make legal decisions and deduce Ahkam since the death of Muhammad.

A fourth source of law that scholars disagree upon is interpreted by al-Jassas, al-Razi and Ibn Adil as being implied in this ayah and that is Qiyas, analogical reasoning. Qiyas is to deduce an Islamic legal ruling that is not explicit in the nusus via making an analogy between the solution sought and an already established Hukum. The other Classical scholars did not deduce in Q. 4:59 a legal implication for Qiyas.

Ibn Taymiyyah expressed pointed criticism of what he assessed to be the narrow understanding held of Ijma by many mutakhrin, later scholars. His assessment was that they did not have a well studied grasp of the range and breadth of opinions on legal issues of the Sahaba and Tabien. As a result, many scholars would unknowingly claim Ijma as supporting evidence to their Islamic legal opinions when in fact many of their highly respected predecessors in Islamic scholarship contradicted their opinion.

The Authority of Muhammad to Consecrate Marriages

The judicial role of Muhammad included the authority to consecrate marriages. The marital unions that Muhammad authorized represented contradictions in ancient Arabian society. On at least four different occasions Muhammad consecrated a marriage between a Muslim male slave and a free woman. These nuptials included:

Bilal + the sister of Abdur Rahman b. Awf

Abu Ludhiana + Fatima bt. Al Walid b. Atba

Al Miqdad b. Al Aswad + Dabaa bt. Al Zubair

Zaid b. Harith + Zainab bt. Jahsh Al Asdia

These marital unions speak volumes of the principles of equality and unity taught by many Classical scholars of Islam. However, each of these weddings was at first greeted with disdain by some of the members from the bride's family, the Muslim community, the general population of Medina and even the wife to be in the case of Zainab. In fact, some Muslim jurists insist that the principle of Kafaaa, suitability, requires that honorable lineages are to only marry from those of a comparable social status.

However, Qurtubi details both sides of this argument and concludes that according to the Sunnah of Muhammad that the only Kafaaa that is wajib is religious suitability. As supporting his evidence he lists five ayat. (Q. 2:221, 28:26-28, 33:36)

Qurtubi and six other Mufasirun relate Q. 33:36 to the authority of Muhammad to consecrate marriages specifically, as well as to the more general obligation of adherence to the Ahkam in his Sunnah. When Muhammad went to ask Zainab bt. Jahsh al-Asdia to marry Zaid b. Harith, a servant, she at first refused and stated that she was of a nobler lineage than Zaid. The sabab al-nazul for Q. 33:36 was during the conversation between Muhammad and Zainab after she initially refused.

When God and His Messenger have decided on a matter that concerns

them, it is not fitting for any believing man or woman to claim freedom

of choice in that matter: whoever disobeys God and His Messenger is far

astray . (Q. 33:36)

A critically relevant vocabulary item in this ayah is the first verb; Qada, a transitive verb that means to judge, to issue, to decree or to decide a verdict or a sentence. The Hukum deduced from the ayah is that it is prohibited to contradict the legal authority, directives and commands of Muhammad during his lifetime. This authority of Muhammad is then transferred to his Sunnah after his death.

The Authority of Muhammad to Give Legal Rulings to Ahlu Kitaab

Another judicial role that Muhammad implemented included on more than one occasion, the authority to give legal rulings to Ahlu Kitaab, the People of the Book, i.e. the Jews and the Christians. Moreover Quran describes itself as both confirming the previous revelations of scripture and as protecting them:

"We sent to you (Muhammad) the Scripture with the truth, confirming the Scriptures that came before it and with final authority over the past Scriptures. So judge between them according to what God has sent down. Do not follow

their whims, which deviate from the truth that has come to you. We have assigned a law and a path to each of you. If God had so willed, He would have made you one community, but He wanted to test you through that which He has given you, so race to do good: you will all return to God and He will make clear to you the matters you differed about." (Al-Ma'idah 5:48)

This theme is oft repeated in the Quranic text. References to the people of the scripture is one of its methods by which the Qur'an reasons and argues its authenticity. The text declares again and again that each people have been sent a scripture conveying a religious way of life; the people to whom was revealed the Torah, the Gospels and the Quran. The terms employed here are Shir`atan wa Minhjan. Qurtubi, Ibn Kathir, Thalabi, and Ibn Adil define Shiratan as a synonym for Sunnah, a law, a legislation for a religious way of life. Minhjan means a clear continuous way. This bears some light on how these Classical scholars perceived the Sunnah as a fundamental source of law. That each of the people to whom scripture was sent to or was revealed to was also given a law, a Shariah, a way of life. And to Muhammad was sent the Qur'an. His Sunnah is implementing its way, the Qur'anic way. So the Sunnah represents a law in and of itself, a clear way showing and elaborating the path of how to live by the Qur'an.

Muhammad issued a legal ruling upon Ahlu Kitaab when some of the prominent Jews in Medina asked him to judge upon the case of a Jewish woman, from a highly respected family. She was caught committing adultery. After being asked to rule in this case, Muhammad first responded by inquiring what was written in the Torah regarding the punishment for adultery. Their answer did not include capitol punishment, so he asked them to bring the Torah which they did. During the discussion that followed their attempt to conceal the verse of the death penalty in the Torah was uncovered. Consequently, the same penalty in the Quran was known to indeed be a part of the Judaic law. Muhammad then sentenced both adulterers and they were stoned.

Ibn Kathir remarks that Muhammad ruled via the Torah in this case so as to display to the Jews that their efforts to avoid their own Judaic law plus their refusal to embrace the message of the Quran were both parallel proofs against them. The sabab al nuzul of this ayah was proof against their rejection of truth, according to the view of this Classical scholar. Some scholars commented that this case was only brought to Muhammad with the intention of securing a more lenient legal ruling upon one of the daughters of the elite. As it was known, by those who brought the case that the Hukum in the Torah was Rajim, stoning.

Zamakshari reflects upon the next ayahs Quranic Arabic as a rhetorical inquisitive that echoes with disdain and utter amazement at how illogical it was for Ahlu Kitaab to come to Muhammad for a Hukum that was already present in the Torah. The question employs the word Yuakkimnaka conveying a plural subject, a group of people who sought Muhammad to give a Hukum.

Wa Kayfa Yuakkimnaka Wa `Indahumu At-Tawratu Fh ukmu Allhi `Thumma Yatawallawna.

But why do they come to you for judgement when they have the Torah with

Gods judgement, and even then they still turn away. These are not believers.

(Q. 5:43)

An important part of what the Qur'an tells Muhammad is that he has the option of choice; whether to give a legal decision upon non-Muslim cases brought to him or not to do so:

"They listen eagerly to lies and consume what is unlawful. If they

come to you (Muhammad) for judgement, you can either judge between them, or decline---if you decline, they will not harm you in any way, but if you do judge between them, judge justly: God loves the just. (Al-Ma'idah 5:42)

This legal implication is interpreted differently by scholars. Eight of the Mufasirun highlighted and outlined how Islamic scholars interpret Q. 5:42 as being mansukh, abrogated by Q. 5:49.

"So (Muhammad) judge between them according to what God has sent down. Do not follow their whims and take good care that they do not turn you away from any of what God has sent down to you. If they turn away, remember that God intends to punish them for some of the sins they have committed: a great many people are lawbreakers." (Al-Ma'idah 5:49)

In Q. 5:42 is an allowance, a choice between two options entrusted to Muhammad, the right to have the choice to give a legal ruling upon Jews or Christians seeking a Shariah legal decision or not to do so. Whereas the later ayah Q. 5:49 conveys that it is wajib to issue a Hukum from the Shariah if the People of the Book raise a case to Muhammad. The majority of our Mufasirun articulated and presented that there is a wide range of jurist scholarly opinions regarding whether Q. 5:49 was mansukh or not mansukh. However, most of the scholars in this study held that the ability to choose whether Muhammad or even an Imam after him, would issue a Hukum when requested by Ahlu Kitaab still remains a relevant Hukum.

An important reason that these ayah were interpreted differently is that according to the beliefs of the Classical scholars of Tafsir, Islam and its Shariah abrogates the Shariah, religious laws, of the People of the Book. At the same time, the Quran defines itself as a protector of the validity of the scriptures revealed before it. The Qur'an confirms the veracity of the prophets in the Old Testament and in the New Testament bearing witness to their message in its text. While assuredly, the Quran is also interpreted as being sent to replace specific Ahkam in the Torah and the Gospels that differ from its Quranic Ahkam.

There is a duality in how the Qur'anic message is expressed. On one side, the Qur'an expresses that it is the final one in the line of divinely revealed scriptures. Repeatedly it confirms that the Torah, the Gospels and the Psalms of David were previous divinely revealed scriptures. The Qur'an even adds to this list a scripture revealed to Abraham and one to Noah. Furthermore, the Qur'an states explicitly that it is the final version, the scripture that replaces, amends and takes the place in terms of contemporary and current religious authority over all revelations that preceded it. There is a sense of a duality; firstly Qur'anic verification of the Bible's past authenticity and secondly declaring theses scriptures, in a sense, to be obsolete and in need of replacement. Confidently, the Qur'an declares itself to be the final newly updated scripture before judgment day falls upon us all.

Much emphasis is also given in the Qur'an to the basic, original foundation of all these three faiths and that their foundation is perceived as one, Tawhid, a strict monotheism. Thus their roots are the same, even though their religious laws differ. Ibn Kathir makes this point by reporting a Hadith from Muhammad reported in Sahih al-Bukhari:

: , , .

Muhammad said, "Both in this world and in the Hereafter, I am the nearest of all the people to Jesus, the son of Mary. The prophets are paternal brothers; their mothers are different, but their religion is one''

Muhammad's reported words here are a confirmation of this Qur'anic principle, that the prophets prior to him are confirmed as bearers of an authentic message from God, as deliverers of divine scripture. Ibn Kathir conveys this connection in his Tafsir and supports his view with this Hadith. Muhammad's authority to give legal rulings to Ahlu Kitaab stems from the Qur'anic claim that he is the last one in the line of prophets whose messages have the same source. Muhammad, according to the Qur'anic text, is one of the prophets and the final one, then Ahlu Kitaab's acceptance of his legal rulings is like a piece of the same cloth as their acceptance of their own prophets before Muhammad.

Asmat Muhammad and his Ijtihad

Asmat al Anbiya in Muslim theology is that every prophet is sacrosanct and inviolable. When Muhammads human nature may have led him to lean towards the least correct of two solutions, wahiy, revelation was sent to correct him according to the Classical scholars.

For example, there was the case brought to Muhammad in Medina regarding an Ansari poet named Tuma b. Abiyriq. Acting like a cat burglar, he had stolen two shields that were tied together and packed with a bag of flour. Then he concealed them in the house of a Jewish man in Medina. However, unbeknownst to him a trail was left by the flour spilling from its bag and witnesses testified to seeing Tuma carrying something that evening.

When later questioned, Tuma first passionately denied any theft and then accused a Jewish man in whose home he had hid the stolen goods. In addition, several people from his clan came to plead his innocence to Muhammad. Consequently Tu'ma's defense was beginning to be perceived as more plausible especially since the shield was conveniently recovered from the house of the unfortunate and victimized Jewish man.

The circumstantial evidence of the stolen property being found in the residence of one of the accused plus the multiple character testimonies from Tuma's tribe called Bani Abiyriq, gave the outward appearance that nothing was deficient in Tumas claim of innocence. And here is where Asmat Muhammad distinguishes his Ijtihad from any other scholars'. Before Muhammad gave a final legal decision and was still in the process of legal reasoning it was reported that Q. 4:105 was revealed:

"We have sent down the Scripture to you (Muhammad) with the truth so that you can judge between people in accordance with what God has shown you. Do not be an advocate for those who betray trust." (An-Nisa 4:105)

The Classical Mufasirun explained that this ayah was revealed to correct Muhammads preliminary inclination of leaning towards nearly accepting Tumas false claim; the lie of a thief concealing his theft.(Q. 4:105) The Ijtihad of Muhammad is then brought into question by the sabab al-nuzul of this ayah. Was their Ijtihad; great effort in seeking to deduce an Islamic legal ruling by Muhammad in this case?

If Muhammad actually did deduce Ahkam by being involved in the process of Ijtihad is actually only a theoretical question as his personal efforts to arrive at a legal solution were corrected and guided by wahiy according to Classical Muslim scholars. Some of the scholars assert that Muhammad did not make Ijtihad. And others held that he did make a form of Ijtihad, however his Ijtihad is not independent and it was encompassed by the revelation. While still others deduced that he actually did make Ijtihad in temporal affairs, legal decisions and military affairs only. Even so, all sides of this theoretical debate of Islamic scholars agree that Muhammads final Ahkam was protected by correction via divine revelation. That means they interpreted this ayah as proof that wahiy confirmed and guaranteed the preservation of the Sunnah. His Sunnah is another side of the revelation of Islam that the Quranic text mentions repeatedly. Thus, the protection of the Sunnah of Muhammad and his Ijtihad via wahiy is held to be additional evidence that Sunnah is an authentic source of law in the eyes of the Classical Mufasirun.Chapter 5 Legal Terminologies and Muhammad in the Quran

In this chapter we will investigate the employment of legal terms in some of the ayat where Muhammad is mentioned in the Quranic text. How do these terms relate to communicating the legal status of the Sunnah of Muhammad? The first terms we will highlight are Yuillu and its antonym Yuarrimu.

Yuillu is a transitive verb meaning to make something lawful or religiously permissible. Consequently, the antonym Yuarrimu is also a transitive verb that means to make unlawful and moreover to declare something as sinful.

Those who follow the Messenger---the unlettered Prophet they find described in the Torah that is with them and in the Gospel---who commands them to do right and forbids them to do wrong, who makes good things lawful to them and bad things unlawful and relieves them of their burdens and the iron collars that were upon them. So it is those who believe in him, honor and help him and who follow the light which has been sent down with him, who will succeed. (Al-A'raf 7:157)

Muhammad is the subject of both v