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General Issues / Questions / Looking back at my Sunnah V Hadith arguments
« on: March 11, 2013, 03:12:10 PM »
The following is my first thread I opened back in 2007. One of the blessings of being Quranist is that you get to see how your views have changed as you continue the journey. My goal here is to look back and see where I think I went wrong. This is from the thread called "hadith versus sunnah". I have two posts I posted one of them is response to Arnold Yassin. I have bolded the parts where I see my arguments were flawed due to assumptions, something that many of us still have.
Quote from: Arnold Yasin on May 14, 2007, 06:52:29 AM
Peace,
To say Sunnah did survive untouched is naieve in my point of view. Just as people followed Hadith, and the whole of Islam changed, the same way people changed the Sunnah they orignally followed. Although people do not read Hadith, their scholars and Imams do, and they eventualy decide the customs. This can be seen with all the sects around the world.
And yes of course there are similarities with other religions as Islam has always been propagated. But the point is that it is the Quran that is the Criterion for knowing which traditions are true and which ones are man-made.
But in this argument, the Quran is looked through the glasses of Sunnah, instead of the Sunnah through the glasses of the Quran.
End Quote
Islam did not changed. Most Muslims around the world never read hadiths and do not know who Bukhari is. The hadith wars the occur in mosques occurs in North American and European mosques cause they are controlled by the Muslim Brotherhood type groups(Isna etc). The idea of hadith being heard by people is a recent phenomena due to the information technology the past 60 years which helped groups like the muslim Brotherhood and Wahhabi Islam to spread. Their is no way that Muslims for over 50 years were praying a certain way and then the Ummayids and Abbsids made everybody change the way they prayed. Even something as basic as where to face when praying can be changed by the Ummayids and the Abbasids. Hadith do not alter whats been established and for almost 400 years after the prophet even the Ulema class was still primitive. They grew as time went along. Even when we see Al Shafi arguing the case for hadiths against the Mutazilites and the other rivaling schools, nobody was disputing the rituals of Islam. Other religions did not spread by the prophet and his companions so even the basicrituals was established by narration later but in Islam the religion spread straight from the oven.
Anyways hadith itself does not show the whole way to pray, there are many parts of the salaat that was not mentioned in hadiths yet everybody prays that way. So where did they get that ? The notion that for 5o years the religion spread in a certain way and then the Umayyids(who did not even care about religion and were secular) could have then followed everybody to alter the rituals and then the Abbasids did the same is impossible to conceive. The reality the first book of hadith(Muwatta) was compiled 160 years after the hijra and that it somehow manage to alter how Muslims pray or fast or do haj is hard to believe. Why was there no revolution and revolt by the people against people trying to change the Qibla or haj from the way they were used to doing it for 50 years. !0 with the prophet and 40 with the 4 Caliphs. Even the 4 Caliphs were surrounded by thousands of companions.
Now I can understand that the prophet prayed 5 times a day and others and the Muslim jurist later on made 5 as an obligation when its really 3 or 2 or 4 or 8 thats obligatory, that may have taken place. Another words the Sunnah is 5 but not all 5 are obligatory that may be possible. But to say that something as obvious as Qibla or haj which everybody would easily memorize and pass on to their children and family can be altered is far fetched.
Also:
Recently there has been a wide and emerging discussion about the old question of hadiths and its role in Islam. There has also been the emergence of various ideological trends that is now beginning to re-examine the traditional thought and thinking in Islam that is dominated by the Sunni and Shia Islam. That is the traditional hadith oriented Islam that has dominated Islam for now 1,000 years at least in theory.
However for those who chose to eleminate hadiths and those who vehemently defend them, there is an issue that both sides are not taking into account. That is the difference between hadith and the Sunnah.
The Sunnah as understood in Arabic and the Quran is the accepted set of a'mal(deeds). It is an act, behaviour or physical outcome that is accepted, repeating and repetitive. The Quran tells us reaping what we sow is the Sunnah of this life. Also the opposition thepeophets faced is the sunnah of this life. Therefore sunnah hear means the established physical and behavioral patterns of this life like trial and tribulation, evil and righteousness and war and famine and so on.
It was the practice [approved] of God amongst those of old that have passed away. And the Command of God is a decree determined. (33:38)
Now are they but looking for the way the ancients were dealt with? But no change will thou find in God's way [of dealing]: No turning off wilt thou Find in God's way [of dealing]. (35:43)
Here the term Sunnah is translated as approved practice or God's way. These are a'mal(actions, behaviors and physical characters) that is established as a norm and a law of life. What we refer to in general term as "this is life".
The prophetic Sunnah is the established, accepted, normative and repeated behaviour and deeds of the prophet. It is not based on a specific speech or act, but what is the established behavioral characteristics of the prophet. While hadith may vary due to circumstance, the sunnah does not. Treating the neighbours kindly is a sunnah(established repetitive norm and deed) of the prophet. The prayers at night, the fasting of ramadan and the friday prayers and funeral prayers, are all the prophet's sunnah. We must not confuse the two. Muslims prayed 5 times a day, prayed the friday prayers, celebrated eid, made haj to mecca and payed the zakat long before hadiths were compiled and made public. The first hadith officially compiled was the Muwatta of Imam Malik about 160 years after the hijra in the begining of the Abbasid era. Bukhari and Muslim was even later by almost 100 years. By then the Quran reached China probably and Muslims have prayed and made haj and celebrated Eid for 160 years without knowing any of these hadiths. In fact the traditional sholars and fiqh only began to emerge in large numbers during the Abbasid era. We did not perform these because of a hadith from Abu Huraira or Ibn Al Abbas or Aesha. Muslims make the azan and wudu and make salam to each other the way the Sunnah was. This Sunnah was watched, performed and then passed down by thousands of the companions and not the handfull we see in Bukhari's or Muslim's collections. It is not based on memerizing a speech but observing and set of behavior and rituals and practicing them and passing that practice to others. These are not single narrated testimonies or eye witness but was expressed by mass transmission. This is how the Quran came to us.
While these established Sunnah were passed down to us by the companions, hadiths were not designed like the Quran. Hadiths were based on specific speeches and narrations witnessed by a few and on a specific occasion. Hadiths were not compiled and codified by the 4 Caliphs like the Quran. It was actually discouraged for various reasons. It was not even witnessed by the majority of companions and nearly all are single narrations.The defenders of hadith rightfully ask the Quranites, how do you know how to pray and when, the answer we should say that we do not get that from hadiths since no hadiths explain the whole salaat but we got it from the companions who followed the prophet's Sunnah.
The current definition of Sunnah prevailing in thje Sunni world, was constructed by Imam Al shafi who believed Sunnah must be grounded with a specific hadith. But sunnah is never specific, its always general and its not based on a speech, but an act or behaviour which is consistent and repetitive. The prophet always prayed and payed the zakat and performed haj and so did the companions, they learned that by example and passed it along. It was their dudy to do so, hadiths meanwhile were actually forbidden and were never written down and were passed down mostly from a handful of the companions many were either very young or knew the prophet for a short time. In fact the 4 caliphs represent less that 3% of the hadiths in the Sunni collections.
For more on this:
http://free-minds.org/forum/index.php?topic=14273.msg126703#msg126703
End quote
Lets look at this:
"Why was there no revolution and revolt by the people against people trying to change the Qibla or haj from the way they were used to doing it for 50 years".
This was the assumption everything was based upon. But this is a flawed assumption. Because this assumes that there was a specific ritual established. But if there was not than why revolt? If lets say the Ummayids introduced the 5 daily prayers due to Judaic or Persian influence than to assume that there would have been some revolt due to this innovation assumes that this 5 daily prayers is against Islam. But it is not. The assumption I made was that I did not differentiate between something stipulated in the Quran versus something that contradicts the Quran. This explains why the Mutaziltes did not object to the 5 daily prayers. It is not necessarily has to do whether this is a prophetic or practice or not but whether this practice contradicts the Quran or not.
This explains why the Mutaziltes emerged during the beginnings of the Abbasid Empire because this was when the notion of an Islamic State emerged. It was this, and not the rituals of Islam that the Mutaziltes objected to. Given the despotic nature of Abbasid rule the only way that such a state can be an Islamic state was to introduce new concepts to Islam. The rituals that was established by the Ummayids now became the state religion to be imposed and therefore maing binding what the Quran did not. Also many laws now have to be manufactured that can only come from hadiths. This explains why the need for hadiths emerged with the Abbasids.
It was Shariah law as understood today that was the reason why the Mutaziltes emerged as now the issue became not only making binding what the Quran did not but also introducing many concepts in Islam that violated the Quranic commands.
A Quranist can accept what is not stipulated in the Quran but does not contradict the Quran as long as its not made binding. This explains why there wa sno revolt or an emergence of any challenges until there was an attempt to make things binding. This also explains why most of us are here. Its Shariah law that brought many of us here because that is how we learned many aspects of Sunni Islam previously hidden from us. The fall of Sufi islam and the rise of the Salfia Islam is bringing about the rise of the Quranist as the rise of the notion of an islamic state by the Abbasids brought about the rise of the Mutaziltes.
In Shāfi'ī's source theory the possibility of abrogation between the Sunna and the Qur'ān was vehemently denied:
Arguing determinedly that any verbal discrepancies between the Qur'ān and the reported sayings or reports of the practices of Muhammed- the Sunna of the Prophet- were merely illusory and could always be removed on the basis of a satisfactory understanding of the mechanism of revelation and the function of the prophet-figure, Shāfi'ī set his face decidedly against any acceptance of the idea then current that in all such cases the Qur'ān had abrogated the Sunna, or the Sunna the Qur'ān.[12][13]
This stance was a reaction to larger developments within Islamic jurisprudence, particularly the reformulation of the Fiqh away from early foreign or regional influences[14] and toward more eminently Islamic bases such as the Qur'ān. This assertion of Qur'ānic primacy was accompanied by calls for an abandonment of the Sunna. Shāfi'ī's insistence upon the impossibility of contradiction between Sunna and Qur'ān can thus be seen as one component in this larger effort of rescuing the Sunna:
He campaigned tirelessly to justify use of the Sunna as the second primary source alongside the Kur'ān against those who would accord the hadīth no role in the derivation of the sharī'a on the argument that the degree of conflict in the hadīth, the inadequacies of the guarantee against corruption, fraud or error afforded by the isnāds rendered the hadīth unfit for the sacred role of declaring the divine intent underlying the Kur'ān's declarations.[15]
Asked point-blank whether the Sunna could ever be abrogated by the Qur'ān, Shāfi'ī had bluntly replied [in the Risāla] that that could never happen. Were the Sunna to be abrogated by the Qur'ān, the Prophet would immediately introduce a second sunna to indicate that his first sunna had been abrogated by his second sunna- in order to demonstrate that a thing can be abrogated only by its like (mithlihi) [ cf. Q.2:106].[16]
Later scholars, writing when the juridicial legitimacy of the Sunna could be taken for granted (thanks largely to Shāfi'ī's efforts!), were less inclined to adopt his inflexible stance. To their minds the reality of this sort of inter-source abrogation was proven by several "indisputable" instances: the changing of the qibla towards Mecca and away from Jerusalem, and the introduction of the penalty of stoning for adultery.
http://en.wikipedia.org/wiki/Naskh_(tafsir)
The Mu`tazili grammarian and author of the Qur'anic commentary Jami` al-Ta'wil li-Muhkam al-Tanzil, Abu Muslim al-Asfahani (254-322), was reputed to have denied intra-Qur'anic naskh altogether. Al-Razi and al-Shawkani refuted him in al-Mahsul and Irshad al-Fusul respectively, but others (such as Ibn Daqiq al-`Id and the contemporary scholar `Ali Hasabullah) justified his stance as a difference in terminology only (khilaf lafzi) - due, for example, to interpreting the word aya as "(super)natural sign" or "previous Scriptures" rather than "Qur'anic verse," or a reconsideration of purported abrogation to be mere specification (ikhtisas). Hence al-Qarafi's rebuttal, when al-Razi questioned the claim of consensus on the existence of abrogation: "Agreement has indeed formed over meaning; difference is only over naming."
http://wikiislam.net/wiki/Abrogation_(Naskh)
The Mutaziltes rejected abrogation of any kind and wanted to do away with the Sunnah and return to the Quran. But this only took place with the rise of the Abbasids who wanted to establish the so called Islamic state.
When the Umayyads were overthrown by the 'Abbasids in I32/750, Islamic law, though still in its formative stage, had acquired its essential features; the need of Arab Muslim society for a new legal system had been filled. The early 'Abbasids continued and reinforced the islamizing trend which had become more and more noticeable under the later Umayyads. For reasons of dynastic policy, and in order to differentiate themselves from their predecessors, the 'Abbasids posed as the protagonists of Islam, attracted specialists in religious law to their court, consultet them on problems within their competence, and set out to translate their doctrines into practice. But this effort was shortlived. The early specialists who had formulated their doctrine not on the basis of, but in a certain opposition to, Umayyad popular and administrative practice, had been ahead of realities, and now the early 'Abbasids and their religious advisers were unable to carry the whole of society with them. This double-sided effect of the 'Abbasid revolution shows itself clearly in the development of the office of qadi. The qadi was not any more the legal secretary of the governor; he was normally appointed by the caliph, and until relieved of his office, he must apply nothing but the sacred law, without interference from the government. But theoretically independent though they were, the qadis had to rely on the political authorities for the execution of their judgments, and being bound by the formal rules of the Islamic law of evidence, their inability to deal with criminal cases became apparent. (Under the Umayyads, they or the governors themselves had exercised whatever criminal justice came within their competence.) Therefore the administration of the greater part of criminal justice was taken over by the police, and it remained outside the sphere of practical application of Islamic law. The centralizing tendency of the early 'Abbasids also led, perhaps under the influence of a feature of Sasanian administration, to the creation of the office of chief qadi. It was originally an honoriflc title given to the qadi of the capital, but the chief qadi soon became one of the most important counsellors of the caliph, and the appointment and dismissal of the other qadis, under the authority of the caliph, became the main function of his office.
The caliph, too, was given a place in the religious law of Islam. He was endowed with the attributes of a religious scholar and lawyer, bound to the sacred law in the same way as qadis were bound to it, and given the same right to the exercise of personal opinion as was admitted by the schools of law. The caliph retained full judicial power, the qadis were merely his delegates, but he did not have the right to legislate; he could only make administrative regulations within the limits laid down by the sacred law, and the qadis were obliged to follow his instructions within those limits. This doctrine disregarded the fact that what was actually legislation on the part of the caliphs of Medina, and particularly of the Umayyads, had to a great extent entered the fabric of Islamic law. The later caliphs and other secular rulers often enacted new rules; but although this was in fact legislation, the rulers used to call it administration, and they maintained the fiction that their regulations served only to apply, to supplement, and to enforce the sacred law. This ambiguity pervaded the whole of Islamic administration during the Middle Ages and beyond. In practice, the rulers were generally content with making regulations on matters which had escaped the control of the qads~, such as police, taxation and criminal justice. The most important examples of this kind of secular law are the siyasa of the Mamluk sultans of Egypt which applied to the military ruling class, and, later, the qanun-nama of the Ottoman sultans. Only in the present generation has a secular, modernist legislation, directly aimed at modifying Islamic law in its traditional form, come into being; this became possible only through the reception of Western political ideas. But the postulate that law, as well as other human relationships, must be ruled by religion, has become an essential part of the outlook of the Muslim Arabs, including the modernists among them.
Joseph Schacht- Origin of Islamic Law
So there you have it.
Quote from: Arnold Yasin on May 14, 2007, 06:52:29 AM
Peace,
To say Sunnah did survive untouched is naieve in my point of view. Just as people followed Hadith, and the whole of Islam changed, the same way people changed the Sunnah they orignally followed. Although people do not read Hadith, their scholars and Imams do, and they eventualy decide the customs. This can be seen with all the sects around the world.
And yes of course there are similarities with other religions as Islam has always been propagated. But the point is that it is the Quran that is the Criterion for knowing which traditions are true and which ones are man-made.
But in this argument, the Quran is looked through the glasses of Sunnah, instead of the Sunnah through the glasses of the Quran.
End Quote
Islam did not changed. Most Muslims around the world never read hadiths and do not know who Bukhari is. The hadith wars the occur in mosques occurs in North American and European mosques cause they are controlled by the Muslim Brotherhood type groups(Isna etc). The idea of hadith being heard by people is a recent phenomena due to the information technology the past 60 years which helped groups like the muslim Brotherhood and Wahhabi Islam to spread. Their is no way that Muslims for over 50 years were praying a certain way and then the Ummayids and Abbsids made everybody change the way they prayed. Even something as basic as where to face when praying can be changed by the Ummayids and the Abbasids. Hadith do not alter whats been established and for almost 400 years after the prophet even the Ulema class was still primitive. They grew as time went along. Even when we see Al Shafi arguing the case for hadiths against the Mutazilites and the other rivaling schools, nobody was disputing the rituals of Islam. Other religions did not spread by the prophet and his companions so even the basicrituals was established by narration later but in Islam the religion spread straight from the oven.
Anyways hadith itself does not show the whole way to pray, there are many parts of the salaat that was not mentioned in hadiths yet everybody prays that way. So where did they get that ? The notion that for 5o years the religion spread in a certain way and then the Umayyids(who did not even care about religion and were secular) could have then followed everybody to alter the rituals and then the Abbasids did the same is impossible to conceive. The reality the first book of hadith(Muwatta) was compiled 160 years after the hijra and that it somehow manage to alter how Muslims pray or fast or do haj is hard to believe. Why was there no revolution and revolt by the people against people trying to change the Qibla or haj from the way they were used to doing it for 50 years. !0 with the prophet and 40 with the 4 Caliphs. Even the 4 Caliphs were surrounded by thousands of companions.
Now I can understand that the prophet prayed 5 times a day and others and the Muslim jurist later on made 5 as an obligation when its really 3 or 2 or 4 or 8 thats obligatory, that may have taken place. Another words the Sunnah is 5 but not all 5 are obligatory that may be possible. But to say that something as obvious as Qibla or haj which everybody would easily memorize and pass on to their children and family can be altered is far fetched.
Also:
Recently there has been a wide and emerging discussion about the old question of hadiths and its role in Islam. There has also been the emergence of various ideological trends that is now beginning to re-examine the traditional thought and thinking in Islam that is dominated by the Sunni and Shia Islam. That is the traditional hadith oriented Islam that has dominated Islam for now 1,000 years at least in theory.
However for those who chose to eleminate hadiths and those who vehemently defend them, there is an issue that both sides are not taking into account. That is the difference between hadith and the Sunnah.
The Sunnah as understood in Arabic and the Quran is the accepted set of a'mal(deeds). It is an act, behaviour or physical outcome that is accepted, repeating and repetitive. The Quran tells us reaping what we sow is the Sunnah of this life. Also the opposition thepeophets faced is the sunnah of this life. Therefore sunnah hear means the established physical and behavioral patterns of this life like trial and tribulation, evil and righteousness and war and famine and so on.
It was the practice [approved] of God amongst those of old that have passed away. And the Command of God is a decree determined. (33:38)
Now are they but looking for the way the ancients were dealt with? But no change will thou find in God's way [of dealing]: No turning off wilt thou Find in God's way [of dealing]. (35:43)
Here the term Sunnah is translated as approved practice or God's way. These are a'mal(actions, behaviors and physical characters) that is established as a norm and a law of life. What we refer to in general term as "this is life".
The prophetic Sunnah is the established, accepted, normative and repeated behaviour and deeds of the prophet. It is not based on a specific speech or act, but what is the established behavioral characteristics of the prophet. While hadith may vary due to circumstance, the sunnah does not. Treating the neighbours kindly is a sunnah(established repetitive norm and deed) of the prophet. The prayers at night, the fasting of ramadan and the friday prayers and funeral prayers, are all the prophet's sunnah. We must not confuse the two. Muslims prayed 5 times a day, prayed the friday prayers, celebrated eid, made haj to mecca and payed the zakat long before hadiths were compiled and made public. The first hadith officially compiled was the Muwatta of Imam Malik about 160 years after the hijra in the begining of the Abbasid era. Bukhari and Muslim was even later by almost 100 years. By then the Quran reached China probably and Muslims have prayed and made haj and celebrated Eid for 160 years without knowing any of these hadiths. In fact the traditional sholars and fiqh only began to emerge in large numbers during the Abbasid era. We did not perform these because of a hadith from Abu Huraira or Ibn Al Abbas or Aesha. Muslims make the azan and wudu and make salam to each other the way the Sunnah was. This Sunnah was watched, performed and then passed down by thousands of the companions and not the handfull we see in Bukhari's or Muslim's collections. It is not based on memerizing a speech but observing and set of behavior and rituals and practicing them and passing that practice to others. These are not single narrated testimonies or eye witness but was expressed by mass transmission. This is how the Quran came to us.
While these established Sunnah were passed down to us by the companions, hadiths were not designed like the Quran. Hadiths were based on specific speeches and narrations witnessed by a few and on a specific occasion. Hadiths were not compiled and codified by the 4 Caliphs like the Quran. It was actually discouraged for various reasons. It was not even witnessed by the majority of companions and nearly all are single narrations.The defenders of hadith rightfully ask the Quranites, how do you know how to pray and when, the answer we should say that we do not get that from hadiths since no hadiths explain the whole salaat but we got it from the companions who followed the prophet's Sunnah.
The current definition of Sunnah prevailing in thje Sunni world, was constructed by Imam Al shafi who believed Sunnah must be grounded with a specific hadith. But sunnah is never specific, its always general and its not based on a speech, but an act or behaviour which is consistent and repetitive. The prophet always prayed and payed the zakat and performed haj and so did the companions, they learned that by example and passed it along. It was their dudy to do so, hadiths meanwhile were actually forbidden and were never written down and were passed down mostly from a handful of the companions many were either very young or knew the prophet for a short time. In fact the 4 caliphs represent less that 3% of the hadiths in the Sunni collections.
For more on this:
http://free-minds.org/forum/index.php?topic=14273.msg126703#msg126703
End quote
Lets look at this:
"Why was there no revolution and revolt by the people against people trying to change the Qibla or haj from the way they were used to doing it for 50 years".
This was the assumption everything was based upon. But this is a flawed assumption. Because this assumes that there was a specific ritual established. But if there was not than why revolt? If lets say the Ummayids introduced the 5 daily prayers due to Judaic or Persian influence than to assume that there would have been some revolt due to this innovation assumes that this 5 daily prayers is against Islam. But it is not. The assumption I made was that I did not differentiate between something stipulated in the Quran versus something that contradicts the Quran. This explains why the Mutaziltes did not object to the 5 daily prayers. It is not necessarily has to do whether this is a prophetic or practice or not but whether this practice contradicts the Quran or not.
This explains why the Mutaziltes emerged during the beginnings of the Abbasid Empire because this was when the notion of an Islamic State emerged. It was this, and not the rituals of Islam that the Mutaziltes objected to. Given the despotic nature of Abbasid rule the only way that such a state can be an Islamic state was to introduce new concepts to Islam. The rituals that was established by the Ummayids now became the state religion to be imposed and therefore maing binding what the Quran did not. Also many laws now have to be manufactured that can only come from hadiths. This explains why the need for hadiths emerged with the Abbasids.
It was Shariah law as understood today that was the reason why the Mutaziltes emerged as now the issue became not only making binding what the Quran did not but also introducing many concepts in Islam that violated the Quranic commands.
A Quranist can accept what is not stipulated in the Quran but does not contradict the Quran as long as its not made binding. This explains why there wa sno revolt or an emergence of any challenges until there was an attempt to make things binding. This also explains why most of us are here. Its Shariah law that brought many of us here because that is how we learned many aspects of Sunni Islam previously hidden from us. The fall of Sufi islam and the rise of the Salfia Islam is bringing about the rise of the Quranist as the rise of the notion of an islamic state by the Abbasids brought about the rise of the Mutaziltes.
In Shāfi'ī's source theory the possibility of abrogation between the Sunna and the Qur'ān was vehemently denied:
Arguing determinedly that any verbal discrepancies between the Qur'ān and the reported sayings or reports of the practices of Muhammed- the Sunna of the Prophet- were merely illusory and could always be removed on the basis of a satisfactory understanding of the mechanism of revelation and the function of the prophet-figure, Shāfi'ī set his face decidedly against any acceptance of the idea then current that in all such cases the Qur'ān had abrogated the Sunna, or the Sunna the Qur'ān.[12][13]
This stance was a reaction to larger developments within Islamic jurisprudence, particularly the reformulation of the Fiqh away from early foreign or regional influences[14] and toward more eminently Islamic bases such as the Qur'ān. This assertion of Qur'ānic primacy was accompanied by calls for an abandonment of the Sunna. Shāfi'ī's insistence upon the impossibility of contradiction between Sunna and Qur'ān can thus be seen as one component in this larger effort of rescuing the Sunna:
He campaigned tirelessly to justify use of the Sunna as the second primary source alongside the Kur'ān against those who would accord the hadīth no role in the derivation of the sharī'a on the argument that the degree of conflict in the hadīth, the inadequacies of the guarantee against corruption, fraud or error afforded by the isnāds rendered the hadīth unfit for the sacred role of declaring the divine intent underlying the Kur'ān's declarations.[15]
Asked point-blank whether the Sunna could ever be abrogated by the Qur'ān, Shāfi'ī had bluntly replied [in the Risāla] that that could never happen. Were the Sunna to be abrogated by the Qur'ān, the Prophet would immediately introduce a second sunna to indicate that his first sunna had been abrogated by his second sunna- in order to demonstrate that a thing can be abrogated only by its like (mithlihi) [ cf. Q.2:106].[16]
Later scholars, writing when the juridicial legitimacy of the Sunna could be taken for granted (thanks largely to Shāfi'ī's efforts!), were less inclined to adopt his inflexible stance. To their minds the reality of this sort of inter-source abrogation was proven by several "indisputable" instances: the changing of the qibla towards Mecca and away from Jerusalem, and the introduction of the penalty of stoning for adultery.
http://en.wikipedia.org/wiki/Naskh_(tafsir)
The Mu`tazili grammarian and author of the Qur'anic commentary Jami` al-Ta'wil li-Muhkam al-Tanzil, Abu Muslim al-Asfahani (254-322), was reputed to have denied intra-Qur'anic naskh altogether. Al-Razi and al-Shawkani refuted him in al-Mahsul and Irshad al-Fusul respectively, but others (such as Ibn Daqiq al-`Id and the contemporary scholar `Ali Hasabullah) justified his stance as a difference in terminology only (khilaf lafzi) - due, for example, to interpreting the word aya as "(super)natural sign" or "previous Scriptures" rather than "Qur'anic verse," or a reconsideration of purported abrogation to be mere specification (ikhtisas). Hence al-Qarafi's rebuttal, when al-Razi questioned the claim of consensus on the existence of abrogation: "Agreement has indeed formed over meaning; difference is only over naming."
http://wikiislam.net/wiki/Abrogation_(Naskh)
The Mutaziltes rejected abrogation of any kind and wanted to do away with the Sunnah and return to the Quran. But this only took place with the rise of the Abbasids who wanted to establish the so called Islamic state.
When the Umayyads were overthrown by the 'Abbasids in I32/750, Islamic law, though still in its formative stage, had acquired its essential features; the need of Arab Muslim society for a new legal system had been filled. The early 'Abbasids continued and reinforced the islamizing trend which had become more and more noticeable under the later Umayyads. For reasons of dynastic policy, and in order to differentiate themselves from their predecessors, the 'Abbasids posed as the protagonists of Islam, attracted specialists in religious law to their court, consultet them on problems within their competence, and set out to translate their doctrines into practice. But this effort was shortlived. The early specialists who had formulated their doctrine not on the basis of, but in a certain opposition to, Umayyad popular and administrative practice, had been ahead of realities, and now the early 'Abbasids and their religious advisers were unable to carry the whole of society with them. This double-sided effect of the 'Abbasid revolution shows itself clearly in the development of the office of qadi. The qadi was not any more the legal secretary of the governor; he was normally appointed by the caliph, and until relieved of his office, he must apply nothing but the sacred law, without interference from the government. But theoretically independent though they were, the qadis had to rely on the political authorities for the execution of their judgments, and being bound by the formal rules of the Islamic law of evidence, their inability to deal with criminal cases became apparent. (Under the Umayyads, they or the governors themselves had exercised whatever criminal justice came within their competence.) Therefore the administration of the greater part of criminal justice was taken over by the police, and it remained outside the sphere of practical application of Islamic law. The centralizing tendency of the early 'Abbasids also led, perhaps under the influence of a feature of Sasanian administration, to the creation of the office of chief qadi. It was originally an honoriflc title given to the qadi of the capital, but the chief qadi soon became one of the most important counsellors of the caliph, and the appointment and dismissal of the other qadis, under the authority of the caliph, became the main function of his office.
The caliph, too, was given a place in the religious law of Islam. He was endowed with the attributes of a religious scholar and lawyer, bound to the sacred law in the same way as qadis were bound to it, and given the same right to the exercise of personal opinion as was admitted by the schools of law. The caliph retained full judicial power, the qadis were merely his delegates, but he did not have the right to legislate; he could only make administrative regulations within the limits laid down by the sacred law, and the qadis were obliged to follow his instructions within those limits. This doctrine disregarded the fact that what was actually legislation on the part of the caliphs of Medina, and particularly of the Umayyads, had to a great extent entered the fabric of Islamic law. The later caliphs and other secular rulers often enacted new rules; but although this was in fact legislation, the rulers used to call it administration, and they maintained the fiction that their regulations served only to apply, to supplement, and to enforce the sacred law. This ambiguity pervaded the whole of Islamic administration during the Middle Ages and beyond. In practice, the rulers were generally content with making regulations on matters which had escaped the control of the qads~, such as police, taxation and criminal justice. The most important examples of this kind of secular law are the siyasa of the Mamluk sultans of Egypt which applied to the military ruling class, and, later, the qanun-nama of the Ottoman sultans. Only in the present generation has a secular, modernist legislation, directly aimed at modifying Islamic law in its traditional form, come into being; this became possible only through the reception of Western political ideas. But the postulate that law, as well as other human relationships, must be ruled by religion, has become an essential part of the outlook of the Muslim Arabs, including the modernists among them.
Joseph Schacht- Origin of Islamic Law
So there you have it.



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