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THE RELATIONSHIP BETWEEN

ÈMAND KHABAR IN THE WORK OF AL-SHAFIÌ
ABDUL SALAM MUHAMAD
SHUKRI
THESIS PRESENTED TO THE UNIVERSITY
OF ST. ANDREWS
FOR THE DEGREE OF PH. D

JANUARY 1999
GCA l1^jt!
r
L
ii
DECLARATIONS
This thesis has beencomposedby me, Abdul Salam Muhamad Shukri. It is a record
done by me and has not been accepted in any previous application for any degree.
date
4w-
9.
signature of candidate ...
Date of candidate's admission as a research student: December 1993
Mr. Abdul Salam Muhamad Shukri has fulfilled
the regulations applying
candidates for the degree of Doctor of Philosophy in the University of St. Andrews.
date
.........
signature
of
supervisor
...........
Access to this thesis in the University Library, if it is accepted, shall be unrestricted.
to
iii
Dedicated to
My Family and the Muslim umma
iv
ABSTRACT
This study examines in detail the basis of al-Shfiì's
for
the
arguments
supremacy of oral tradition over communal legal practice. It concentrates on one

broad issue, the definition of 71m (knowledge) and one technical issue, the problem
of authenticating a particular khabar (oral tradition or report, plural akhbr,) and its
binding nature, especially a report of the category known as the specialists' report
(khabar al-kh sa). On the first issue, this study examines the concept of knowledge
based on reports (71m al-khabar because it had an important influence on al-Shfiì.
This is followed by a detailed account of al-Shfiì's own discussion of ìlm. It brings
out clearly that al-Shfiì means religious law when discussing 71m. It also shows
how knowledge of religious law can be obtained. Al-Shfiì's approach is to restrict
the argument to knowledge of specialised and debatable points, rather than what is
generally accepted. He seeks to prove the indispensability in this area of specialists'
knowledge of reliable documentation external to the law itself. The following chapter
deals with the question of authenticating a khabarfrom the Prophet (a hadith), not as
purely technical question but within a polemical context in which the practical
difficulty
of authenticating a khabar was used by those opposed to the intellectual
dominance of oral tradition as a reason not to use the khabar. In the final chapter alShf i's
arguments with two identifiable schools of opposing thought, ahl al-kalm
and ahl al-figh, are examined in detail. The thesis as a whole gives a significant
insight into the efficacy and durability of al-Shfiì's arguments, not so much by
defeating his opponents' arguments but by buttressing those of the defenders and
advocates of oral tradition.
CONTENTS
Declarations
Dedication
Abstract
...................................................................................
....................................................................................
.......................................................................................
Contents
.......................................................................................
Transliteration Table
.................................................................................
Acknowledgement
INTRODUCTION
............................................................................
............................................................................
1. The Original Sources
...................................................................
2. Review of Previous Studies

............................................................
CHAPTER
iii
iii
iv
V
Viii
Note on the translation of the Qur'an

......................................................
Abbreviations
ii
1: The Life of Imm al-Shfiì (150-204/767-820)

.....................
1.1 His Full Name
.......................................................................
1.2 Date of Birth

..................................................
....................
1.3 Birthplace
............................................................................
1.4 Family Background
.................................................................
1.5 Al-Shfiì's Immediate Family
.....................
..............................
1.6 Al-Shfi`1'sEducation and Scholarly Life
.....................................
1.6.1Early Life and Education in Mecca

.......................................
1.6.2 Al-Shfiì in Medina
.........................................................
1.6.3Al-Shafiì in Yemen
.........................................................
1.6.4Al-Shfiì in Iraq
.............................................................
1.6.5Al-Shfiì's Return to Mecca
..............................................
1.6.6Al-Shfiì's Alleged Early Arrival in Egypt
.............................
1.6.7Al-Shfiì's Return to Baghdad ...........................................
ix
x
xi
1
4
7
20
20
20
21
21
23
24
24
27
29
30
31
32
33
vi
1.6.8Al-Shf! in Egypt
34
................................................................
36
1.7 Date of Death
........................................................................
1.8 Al-ShfiÌ's Works
..................................................................
CHAPTER 2: The Concept of Ìlm al-khabar (Knowledge based on reports)
36
......
41
2.1 What is `Rm?

..........................................................................
41
2.2 What is Khabar? .....................................................................

2.3 What is Wm alkhaba ' ............................................................
2.4 The Debateon Ìlm al-khabar .....................................................
2.5 The View of Ah] al kalim on Khabar ............................................
2.6 The Views of Ah] al-figb on Khabar .............................................
2.6.1 The Views of Abu Hanifa and his School ...............................
2.5.2 The Views of Malik on Khabaral-w4hid ..................................
45
CHAPETR 3: Al-Shfi`1's Discussionof 71m(Knowledge) .........................
55
57
58
63
63
65
69
3.1 `]m in al-Shfiì's Terminalogy

....................................................
69
3.2 A1-Shfiì's Classification of `Jim

.................................................
70
3.3 `Jim al- `mma and Jim al-kh sa

...................................................
71
3.4 Sources of the Derivation of 'Em al-din

...........................................
77
3.4.1 The Book of God (The Qur'an)

...........................................
78
3.4.2 The Surma of the Prophet

..................................................
81
3.4.3 Jima'(Consensus)
86
..........................................................
3.4.4 Ijtihd and Qiys (The Effort to form a Right Opinion and Analogical
Reasoning)
.........................................................................
3.5 Other Features of al-Shfifiì's Discussion of Wm

...............................
89
92
93
3.5.1 The Limits of 11m
..........................................................
3.5.2 Against the Sceptics (ahl al-kalm) and the Conservatives (ahl alfigh)
..................................................................................
96
vii
CHAPTER 4: Al-Shfiì's Discussion of Khabar al-whid as a Source of Ì1m 100

...
4.1 A1-Shfiì's Concept of Khabar
...............................................
.....
4.2 Two types of Khabarin al-Shfiì

............................................
....
100
101
4.3 Al-Shfiì's View of Khabara1-wiid

..........................................
102
4.4 Criteria for the Acceptance of Khabar al-walhid

..........................
103
....
4.5 ComparisonbetweenAccepting Khabaral-whidand Accepting

Shahda (Testimony)
....
..............................................................
4.6 Khabar al- whid as Expert Reports

.........................................
.....
107
111
115
4.7 The Basis of the Acceptance of Khabar al-whid as a Source of 71m
......
4.7.1 The Qur'an

4.7.2 The Sunna
..................................................................
117
.........................................................................
4.7.3 The Practice of the Companions
116
121
...............................................
4.7.4 The Practice of the Successors

................................................
128
4.7.5 The 7jma ` of Muslim Scholars

130
................................................
4.8 Concluding Remarks
130
.................................
.............................
CHAPTER 5: Al-Shffi's Critique of the Views of AN al-kalm and AN al-figh on
Akhbr (Hadith) with Special Reference to his Jima' al- 71rn
........................
5.1 The Responseof Ahl al-kalm to Khabar
....................................
136
137
5.2 The Response of AN al-figh to Akhbr al-khssa

............................
5.3 A1-Shfiì's Objection to Ahl al kalam
146
.........................
................
143
5.4 A1-Shfiì'sArguments againstAh] al-figh

....................................
5.5 The Opinion of a Companion
162
Conclusion
...................................................
....................................................................................
Bibliography
.................................................................................
154
164
168
viii
Transliteration
Table
CONSONANTS
b
t
th
gh
hr
q v
kh
dh
rn
n ,
zi
Wj
sh
yes
sa
in pause: -a
otherwise: -at
VOWELS
Short vowels
Fatha
Doubled
',
(fmal:
)
uww
damma u
kasra
Long vowels
j'
iy (fmal:
Diphthongs
aw
ay
ix
NOTE ON THE TRANSLATION OF THE QUR'AN
This study uses A. J. Arberry's translation of the Qur'an (The Koran Interpreted,
Oxford,
1989). However,
other translations
are occasionally
referred to for
comparative purposes and for the sake of elucidation and precision of meaning.
ABBREVIATIONS
AJISS
The American Journal of Islamic Social Science
BSOAS
Bulletin of the School of Oriental and African Studies
BRISMES
British Society for Middle Eastern Studies
EI'
Encyclopaediaof Islam (First ed., 1913-1938)
E1'
Encyclopaedia of Islam (New ed., 1960-)
GAS
GeschichtedesArabischenSchrifttums
IC
Islamic Culture
IJMES
International Journal of Middle East Studies
IOS
Israel Oriental Studies
IQ
Islamic Quarterly
IS
Islamic Studies
JAOS
Journal of the American Oriental Society
JIS
Journal of Islamic Studies
JRAS
Journal of the Royal Asiatic Society
JSAI
Jerusalem Studies in Arabic and Islam
JSS
Journal of Semitic Studies
MSOS
Mitteilungen des Seminars fr Orientalische Sprachen
MW
The Muslim World
para/paras Paragraph (s)
al-Qur'an
Si
Studia Islamica
XI
ACKNOWLEDGEMENT
I wish to convey my thanks to all those persons who have assisted me. My special
gratitude is to my supervisor Dr. R. A. Kimber who has given his supervision and
I
this
to
work. also would like to acknowledge my gratitude to my
useful suggestions
former supervisor, Dr. D. E. P Jackson. His guidance has been of great value,
especially during the early preparation of this work. I also owe special thanks to
Professor John Burton who guided me during Dr. Jackson's sabbatical. Professor
Burton, in fact, suggested the study of al-Shfiì to me. I record also my gratitude to
all the staff in the Arabic Department and Institute of Middle East Studies.
My thanks are also to the Philosophy Department for allowing me to follow
lectures on the history of philosophy, the University librarians, staff of the Language
Centre, Student Accommodation Office, the Health Centre, the Ninewells Hospital,
my colleagues and many others.
I must also thank the Government and the International Islamic University of
Malaysia for granting me the scholarship and necessary leave
of absence for this
study. In Malaysia, I am especially grateful to Dr. Muhammad al-Mahdi Muhammad
for his useful advice to this work. Dr. Hisham Pawan Ahmad, Dr. Wan Azam Mohd
Amin and Sister Zainora Abd Ghani have
given their precious time to proofread the
work. I also would like to express my thank to the Dean of the Kulliyyah of Islamic
Revealed Knowledge and Human Sciences, Professor Dr. Abdullah Hassan, Professor
Dr. Jamal Barzinji, the former Dean of the Kulliyyah and Professor Dr. Abdul Rashid
Moten, the Deputy Dean of the Post Graduate Studies who show their concern with
the work. I also have received assistance and cooperation from many others who it is
list
to
them all here, but I wish them to know how gateful I am for their
not possible
support ans assistance.
X11
Finally I should mention my special gratitude to my wife, Salina Mohin,

for her patience and encouragement and to my children Alimad Asyraf, Àliya, and
the twins Àbd a1-Àim and Àbd al-IVIuìzz who kept our life happy during this
period in St. Andrews. I am also very happy to be blessed with another new baby,
Ahmad Ìrfn. Thanks Allah.
ABDUL SALAM MUHAMAD SHUKRI

Department of Arabic Studies
University of St. Andrews
St. Andrews KY16 9AJ
7 Southgate Annexe
South Street
KY16 9QE
Kulliyyah of Islamic Revealed Knowledge and Human Sciences

International Islamic University
Malaysia
1 December 1998
10 Sha`bn 1419
INTRODUCTION
Al-Shftfiì's
outstanding contribution to the Islamic sciences was to satisfy both
himself and subsequent generations that knowledge of religion in all its particulars
was possible only on the basis of the direct revelation of God's words. Rational
elaboration and practical development, without reference to a revealed source, were
rejected by al-ShAfiì as arbitrary and unfounded. The revelation of God's words was
regarded as a series of historical events culminating in a final revelation to the
Prophet Muhammad (. ). The Prophet not only received revelation, but his words
and actions also explained the meaning of the revelation. The crucial question for alShfiffi was how knowledge of these events had been preserved, and might still be
known. l
There is widespread agreement that the Qur'an is a verbatim record of God's
own speech as originally communicated to the Prophet in his lifetime. The strictly
legal verses in the Qur'an are rather small in number. These verses serve as the
starting point for all legal discussion. However, al-Shaff! considered that the practice
of the community in relationship to religious knowledge was problematic. Before alShfiì, the emerging schools of law had been content in general to regard the
practice of the community itself as a living document including practice of the
Prophet himself, and as representing the true teaching of Islam. Al-Shfiì was not
1A1-Sh5fiì, Muhammad b. Idris, al-Risela, ed. Abmad Muhammad Shdkir (Beirut,

n. d. ),
especially 39, para. 160 and 503.08, paras. 1456-68; idem, Jim ` al- ìlrn, ed. Ahmad Muhammad
Shkir (Cairo, 1940), especially 33-34, paras. 107-08.
INTRODUCTION
He
if
loose
ideal
insisted
that
this
sunna,
with
concept
of
sunna
or
practice.
satisfied
it had any probative value at all, could only mean the Sunna of the Prophet. AlShtfiì considered the Sunna of the Prophet to be a part of revelation beside the
Qur'an. Al-Shfiì
says, "The Prophet proffered nothing that was not revelation
(wahy), for revelation includes [both] that which is recited (m yutl, i. e. the Qur'an)
and revelation that the Prophet established as sunna" 2 There was obviously a
difference between these two types of revelation. In the case of the Qur'an, both text
In
be
God
had
from
and
could
relied
on
with
complete
meaning
certainty.
and
come
the case of the Surma, the word had come from the Prophet but the inspiration had
come from God. Historical knowledge of the Surma was also indispensable for
knowledge of the Qur'anic text. For al-Shafiì, this knowledge of the Surma could not
be attained from evolving legal practice, but only from
'With,
the vast body of oral
tradition appearing to document in often minute detail the exemplary conduct and
verbal instructions of the Prophet Muhammad. If a contemporary legal practice, or
the consensus of a particular community, was inconsistent with an authentic ba&th,
the practice must be wrong, and must be changed to conform with the authentic
hadith. Al-Shfi`l's
successful arguments in this matter meant the effective
supremacy, in the Islamic sciences, of oral tradition or hadith over the legal practice
of the community. 3
This study examines in detail the basis of al-ShaWl's arguments for the
supremacy of oral tradition over communal legal practice. It concentrates on one
broad issue, the definition of 'Mn (knowledge) and one technical issue, the problem
2See a1-Sh`1, Kitttb ibtW al-istihsn, in al-Umm, ed. Muhammad Zuhri

al-Najjar, 8 vols
(Cairo, 1961), vii, 299; idem, Ami` al- ìlm, 19, paras. 29-32; cf. Q 53: 3-4.
3A1-Shdriì,al Risala, 369-471, paras.998-1308;idem, Jinni <a!

11-102,
paras.1-460.
-ì/m,
INTRODUCTION
of authenticating a particular khabar (an oral tradition or report, plural akhbdr) and its
binding nature, especially a report of the category known as the specialists' report
(khabar al khssa). On the first issue, Chapter 2 examines the concept of knowledge
based on reports (ìlm a1-khabar) because it had an important influence on al-Sh6ì.
This is followed in Chapter 3 by a detailed account of a1-Shafiì's own discussion of
Ìlm. It brings out clearly that al-Shfiì means religious law when discussing 71m.It
also shows how knowledge of religious law can be obtained. Al-Shfiì's approach is
to restrict the argument to the knowledge of specialised and debatable points, rather
than what is generally accepted. He seeks to prove the indispensability in this area of
specialists' knowledge of reliable documentation external to the law itself. Chapter 4
deals with the question of authenticating a khabarfrom the Prophet (a hadith), not as
a purely technical question but within a polemical context in which the practical
difficulty
of authenticating a khabar was used by those opposed to the intellectual
dominance of oral tradition as a reason not to use the khabar. In the final chapter, alShfiì's arguments with two identifiable schools
of opposing thought, ahl al kalm
and ahl a1-fqh, are examined in detail. The thesis as a whole gives a significant
insight into the efficacy and durability of
by
much
al-Shfiì's arguments, not so
defeating his opponents' arguments but by buttressing those of the defenders and
advocates of oral tradition.
INTRODUCTION
1. The Original Sources

Sources for al-Shfiì's
i.
Biography
Al-Mas`di (d. 345/956) in his Murij al-dhahab (The Meadows of Gold) devotes a
short section to an account of al-Shfiì's life .4 There are also many mangib works
devoted to al-Shfiì.
The earliest surviving
Adb
is
al-Shfì
example
wa-
mangibuh of Ibn Abi Htim al-Rzi (240/854-327/938), 5 who was a scholar of

hadith and also the author of Kitb al jarh wa-l-ta dil, a famous work on the science
of criticising the reporters of hadith. The work of Ibn Abi Htim on al-Shfiì is a
collection of oral reports concerning his life and attitudes. Some of these reports
derive from the lost biographies of al-Shfiì written by Dwd al-Zdhiri (d. 270/884)
and Zakariy b. Yahy al-Sji (d. 307/920). The main objective of Ibn Abi Htim in
his work is to show the excellence of al-Shfiì. A century later, AN Bakr Abmad b.
al-Ilusayn al-Bayhagi (d. 458/1065) produced another work entitled Mangib a]A07,
life
.6A
which was considered by its own author a complete report of al-Shfiì's

later scholar, Ab Àbdallh Muhammad b. Ùmar al-Fakhr al-Rzi (d.
606/1209) then rearranged al-Bayhaqi's material into his own Kltb mangib a1Shfi 17 Ibn Hajar al-Àsgalni (d. 852/1449) also dedicated a work to al-Shf `1
4A1-Mas`di, Murj
al-dhahab wamaàdin al- awhar (Beirut, 1973), iii, 346; trans. as The
Meadows of Gold: The Abbasids, by Paul Lunde and Caroline Stone (London and New York, 1989),
198.
5Ibn Abi Htim, Ab Muhammad Àbd
Adb
Y
al-ShArl
wa-mangibuh, hadith
al-Rahmn,
wa-fiqh firsat wa-iibb trikh wa-adab lugha wa-nasab, ed. Àbd al-Ghani al-Khaliq (Halab, n. d).
6Ab Bakr Ahmad b. al-Husaynal-Bayhaqi, Mangib al-Sh Y,2 vols, ed.

at-Sayyid Abmad
$agar (Cairo, 1391/1971).
7A1-Fakhral-Rzi, Muhammadb. Ùmar, Kitb mandgib al-Shirlì, ed. Ahmad Hijzi Ahmad
(Beirut, 1993).
INTRODUCTION
Muhammad
fl-ma
V!
ibn
Pi
ì:
Ta
wli
al-ta'sls
mangib al-imm al-Shy
entitled
Idris. 8
Besides these four works there are many other authors who give information
9
Ibn
385/967)
(d.
in
his
for
al-Nadim
a/-Fihrist, al-Khatib
example,
about a1-Shfiì,
(d.
Tarikh
his
Baghdd,
10
Nuàym
in
Ab
(d.
403/1012)
al-Isbahni
al-Baghdad!
430/1038) in his Hilyat al-awly , 11Ibn Àbd al-Barr (d. 463/1070) in his Intig , 12
Ygt al-Rmi (d. 626/1229) in his Kitb al-Irshd, 13Ibn Khallikn (d. 681/1282) in
his Wafayt, 14 al-Subki (d. 75611355) in his Tabagt al-ShjFIìya, 15 Ibn Kathir (d.
774/1273) in his Kitb al-bidya wa-l-nihya16 and many others. 17In the first chapter
of this study, some of these materials are used to present the life of al-Shfiì
chronologically, with an emphasis on al-Shfiì's intellectual endeavour.
8lbn I lajar a1-Àsgalni, IT

fi
Tawll
i:
ma`ll
al-ta'srs
mangib al-irnm al-ShAri
Mz4 anirnad ibn Idris, ed. Ab Fid' and Àbdallh al-Qdi (Beirut, 1986) (cited hereafter as Tawli).
9Ibn al-Nad-im,
A
TenthNadim:
Flhrist
The
(Cairo,
1929),
209-10;
idem,
of al
al-Fihrist
Century ofMuslrm Culture, ed. and trans. Bayard Dodge, 2 vols. (New York, 1970), i, 515-27.
10A1-Khalib
[1967]),
(Beirut,
ii,
14
Tarikh
Baghdad
vols.
al-Baghddi,
awMadinat al-salm,
56-73.
121.
11AbNuàym, IBlyat
ix,
63-161.
1938),
(Cairo,
,
10
fabagt
vols
al-awliy' wa
al-aafiy
121bnÀbd al-Barr,
(Beirut,
d.
),
6517
fatl'il
n.
al-fugab'
al-a'imma
al-Intiga'
al-thaltha
13Yqtal-Rirrn,Kitb irshd al-arib il ma `rifat al-allib al-ma`nrf bi mu jam al-udab' waIabagtal-udab; ed. D. S. Margoliouth, E. J. W. Gibb Memorial (Leiden and London,1913), vi, 36799.
141bnKhallikn, Ibn Khallikan's Biographical Dictionary (Kitb wafayt al-a yn), trans.,
De Slane,(Beirut, 1970), ii, 569-74.
TabagtalshYya al kubr ed. M. M. Al-Tihni, 6 vols (Cairo, 1323[1905]), i,
172-75.
. 16Ab
al-FidA' Ibn Kathir, al-Bidiya wa-l-nihlya (Beirut, 1966), ix, 251-55.3
INTRODUCTION
ii. Sources for the Main Subject of this Study

This study relies mainly on two works of al-ShAWi, namely al-Risla and Jima ` alùm. Al-Shfiì himself acknowledged their importance in his Ikhtilf al hadith and
Ikhtildf Malik wa-l-Shfi ì.' 8
1. Al-Rlsla. This work contains most of al-Shfiì's thinking on usl al-figh
and usl al hadith. It was written, allegedly, at the request of Àbd al-Rahman alMahds (d. 198/813), a leading scholar of liadith in Basra. The basic contents of alRisala are as follows: (1) the Qur'an and its elucidation, (2) the Sunna and its status
in relation to the Qur'an, (3) naskh (the theory of abrogation), (4) religious
obligations, (5) conflicting hadith, (6) `Jim (knowledge), (7) khabar al-whid (the
single-transmitter report), (8) ijm ` (consensus), (9) giys (analogical reasoning),
(10) ijtihd (the effort to form a right opinion), (11) istihsn (juristic preference), (12)
ikhtilaf (disagreement). There are several editions of this work. The one most often
referred to is by Ahmad Muhammad Shkir, and this edition is utilised in this study.
This study focuses on the following sections: (1) bb al-71m (Knowledge) (2) bib
khabar al-wid (The single-transmitter report) and (3) a1hujja Ir tathbit khabar alwhid (The proof for the verification of the single-transmitter report). These selected
sections will be discussed in Chapters 3 and 4 of this study.
2. Jima ` al- ì1m. This work was written after the composition of al-Risla,
after 198/813. It was composed in order to argue against those who rejected hadith
as a source of religious knowledge. Jima' a1-71mconsists of four chapters. The most
17Seebelow, Chapter 1.
18A1-Shfiì,Ikb/ lf al-hadith, ed. Muhammad Ahmad Àbd

al-Àziz (Beirut, 1406/1986),
13; idem, KAM ikhtilfMMlik wa-1-ShAfIì,in al-Unvn, ed. MuhammadZuhn
al-Najjr, 8 vols (Cairo,
1961), vii, 191.
INTRODUCTION
relevant chapters for this study are the first two, in which al-Shale! deals with those
who rejected all hadith, and with those who rejected akhbr al-khyca. There are
several editions of this work, of which this study uses Shkir's edition. 19The study
focuses on two sections: (1) hikyat qawl al-('ifa allati raddati al-akhbr ku/la h
(The doctrine of the party which rejected all reports) and (2) hikyat gawl man radda
khabar al-khcsa (The doctrine of those who rejected the specialists' report). These
selected sections will be discussed in Chapter 5.
Altough the full rangeof the work of al-ShAfiì has been consulted,the Risla
and .lima àl- ùm are the main sources.
2. Review of Previous Studies
Al-Sh
ì is known to orientalists and historians of Islam as an important figure in
the history of Islamic law and previous studies have focused on his unique
contribution to Islamic legal theory.
In 1884 Ignaz Goldziher in his book, The Zhiris, was among the first
orientalists to give an analysis of al-Shfiì's theory of Islamic law 2 He believes that
it was al-Sh fi i who founded the science of usdl al-fiqh. He states that al-Shfiì's
legal theory depended greatly on hadith as a point of departure. In his Muslim
Studies, first published in 1889-90, he reemphasised al-Shafiì's unique contribution
to the creation of a methodology in legal science21
19Another edition is
edited by Muhammad Àbd a1-Àziz Zaydn, see al-Sh5fiÌ, limàl-ìbn,
ed. al-Ustdh Muhammad Ahmad Àbd al-ÀzIz (Beirut, n. d); Other editions are in al-Shdfiì, alUmm, ed. Muhammad Zuhri al-Najjar, 8 vols (Cairo, 1961), vii, 273-92; idem, Kitb Jimi'al-`Jim, in
al-ShaWl, al-Umm, 7 vols (Cairo, 1325 [1907]), 250-67.
201.Goldziher, The Zahiris: Their Doc6ine

and their History, A Contribution to the History
of Islamic Theology,trans.Wolfgang Behn (Leiden, 1971),21.
211.Goldziher, Muslim Studies (Muhammedanische
studien), ed. S. M. Stem, trans. C. R.
Barber and S. M. Stem, 2 vols (London, 1971), ii, 86.
INTRODUCTION
In 1903 D. B. Macdonald devoted a few pages to discussing al-Shfiì's view

of legal sources in his Development
of Muslim
Theology, Jurisprudence and
Constitutional Theory.22For him, al-Shafiì was "without question one of the greatest
figures in the history of law". In his view, al-Shaì's
legal methodology represented
the middle position between the historical or empirical school of Mlik and the
speculative school of Ab Hanifa. He also briefly mentions al-ShAftÌ's view of
hadith, and asserts that al-Shfiì paid great reverence to hadrth in his elaboration of
legal theory. Al-Shafiì accepted authentic hadith or established sunny as having the
same divine authority as a passage of the Qur'an. Macdonald also highlights the
many difficulties faced by al-Shfiì in accepting Aiadith as a legal source. He was
contradicted
hadiith
that
the Qur'an or 4'iadith that contradicted
accused of accepting
each other.
Another scholar who has contributed much to the study of a1-Shfiì in the
West is D. S. Margoliouth.
He mentions that al-Shafiì was the first who wrote
"actual treatises on jurisprudence as a science" 23 His study on al-Shfifiì is more

comprehensive than previous studies since he was able to use the printed works of alSh fiì. He praises the ingenuity of al-Shaftì in presenting his theory of traditional
.
law. It seemed to him that a1-ShANi displayed some acquaintance with Aristotelian
logic, though at the time not many Greek works had been translated into Arabic. He
also notes that al-Shfiì's methodology depended greatly on hadith. He appreciates
al-Shifiì's
arguments in verifying
the hadith of a single transmitter as "highly
ingenious".
22D. B. Macdonald, Development

of Muslin Theology, Jurisprudence and Constitutional
Tbeory(Beirut, rpt. 1965), 103-108.
23D. S. Margoliouth, TheEarly Development
ofMoha medanism(London, 1914), 40.
INTRODUCTION
Heffening's article on al-Shfiì in the first edition of the Encyclopaedia of

Islam also contributes to our knowledge of al-Shfiì's legal theory. 24 He describes
al- Shfiì as an "eclectic who acted as an intermediary between the independent
legal investigation and the traditionalism of his time". His brief article also covers alShfiì's life and work as well as his influence on the Muslim world.
Eric E. F. Bishop further highlights a1-Shti i's legal thought 25 To him, alShfiì's success in developing his legal theory was not because he compromised,
"but because he saw facts and had vision". Al-Shfiì, according to him, "was of a
more methodical nature than either Abu Hanifa or Malik". Bishop believes it was
convincing proof that caused al-Sh5k3 to accept hadlth. Furthermore, his view of
hadith was followed by others such as Ibn Hanbal and Dwd al-Z5hiri. Bishop does
not elaborate further on this point.
In 1932 A. J. Wensinck gave a brief
The
book,
in
his
comment on al-Shdfl`l
Muslim Creed.26He states that al-Shfiì was among the first to clarify the doctrine
of the roots of legal knowledge. However, al-Shfiì's treatment of this topic, from
Wensinck's perspective, lacks a philosophical outlook, which means, inter alia, the
absence of any discussion of a doctrine of cognition in his work.
Mustaf Àbd a1-Rziq in his Tamhrd li-trikh al-falsafa al-Islmiya asserts
that al-Risla represents the true philosophy of Islam, which is u.c1 al-figh. 27Many
24Heffening, art. "Al-Shfiì", in EI', iv, 252-54.

25E. E. F. Bishop, "A1-Shaf ì (Muhammad ibn Idris) Founder of a Law School", in MW, 19
(1929), 156-75.
26A. J. Wensinck, The Muslim Creed: Its Genesis and Historical Development (Cambridge,
1932), 253f.
27M. Àbd al-RAziq, TamhidIi-trikh alfalsafa al Isleniya (Cairo, 1966),244f.
INTRODUCTION
10
scholars agree that epistemology underlies the discussions of us1 al-17gh.28 Àbd alRziq argues that al-Risla is presented in a systematic manner in order to construct a
general theory of figh. He notes that al-Risla discusses epistemological problems
such as the division of knowledge into certain and probable knowledge, the fact that
the position of a mujtahid can be correct or incorrect, the matter of legal reasoning by
analogy, the classification of legal sources, and the method of verifying the Sunna.
Àbd al-Rziq does not elaborate these aspects further.
In 1949 H. A. R. Gibb briefly highlighted the significance of al-Shfi`1 in the
al-figh. 29Gibb states that al-ShAM based his legal theory on a critical
science of u$171
examination of hadith.
The tremendous historical significance of al-Shftì in the history of Islamic
law was underlined by the study of Joseph Schacht in his Origins of Muhammadan
Jurisprudence.30 Schacht identified two major contributions of al-Shiif ì. Firstly, alShAW! was the first scholar to lay down Islamic legal theory, in which he identified
the four major sources of law, namely the Qur'an, the Sunna, ijm' (consensus) and
glys (analogy). Schacht observes that al-Shfi`t's most significant achievement
concerned the Sunna, and argues that it was al-Shafiì who first insisted on the
authority of the Sunna of the Prophet. Schacht claims that Sunna in the view of alShdfiÌ's predecessors and contemporaries was not necessarily connected with the
Prophet, but represented the "living
tradition"
Since
their
schools.
al-Shft'!
of
recognised only the Sunna of the Prophet as authoritative, he only accepted the hadith
For example, S. H. Nasr, "Islamic Countries", in Handbook of World Philosophy,
ed. John
R. Burr (London, 1980), 421; W. M. Watt, What is Islam? (Beirut, 1968), 174; Nabil Shehaby, " Rla
and qiy s in early Islamic Legal Thought", in LAOS, 102.1 (1982), 27.
.
29H.A. R. Gibb, Mahamrnedanism:A Historical Survey (London, 1949), 103.
INTRODUCTION
of the Prophet as the source of the Sunna. Al-Shfiì's
11
second contribution was his
role in the formation of technical legal thought. According to Schacht, al-Shafiì

"carries it to a degree of competence and mastery which had not been achieved
before and was hardly equalled and never surpassed after him". 31 As far as alShfiì's view of
ìlm is concerned, Schacht mentions that al-Shfiì divided
knowledge into 71m a1-àmma (the knowledge of the general public) and VIM alkhdssa (the knowledge of the specialists). 32
Marshall G. S. Hodgson in his book The Venture of Islam also devotes a few
pages to discussing al-Sh fi`l's contribution to Muslim jurisprudence. 33Al-ShAW!, in
Hodgson's view,
took more decisive steps in dealing with
hadith than his
predecessors. For al-Shfiì, the prime criterion of the authenticity of a hadith was its
isndd. As far as his predecessors were concerned, some preferred to appeal to
reasoning (àg1), others to appeal to equity and public interest, and others to appeal to
the Qur'an and hadith itself_ For Hodgson, al-Sha`3's
factualistic
method "was intensely
[he] based his method on quite concrete events: the coming of certain
...
words to certain people under certain conditions; and the meaning of these events
must depend on the exact meaning of those words to those people under those
conditions. "
Two scholars translated al-Shfiì's
Risla into English, namely Khalil I.
Semaan and Majid Khadduri. Semaan provides only a partial translation of al-Risla
in his book, Ash-ShaBi's Risala: Basic Ideas, in which he translates the chapter on
30J. Schacht, The Ongins
ofMuharnmadan Jurisprudence (Oxford, 1950 rpt. 1979); idem, "A
Revaluation of Islamic Tradition", in )RAS (1949), 143-154.
31Schacht, Origins, 1.
32Schacht, Onglns, 136.
INTRODUCTION
12
naskh.34 Khadduri translates the whole Risla in his book, Islamic Jurisprudence:
ShArl ì's Risla. 35In his introduction, Khadduri analyses various aspects of al-Risla.
He firstly contextualises al Risla against its historical background. He describes the
condition of jurisprudence before al-Shfiì, as well as the life and personality of alShf ! as the author of al-Risla. He goes on to discuss how and why al-Risla was
composed, and its structure. He tries to show that al-Risla was a well thought-out
treatise which came into existence after long periods of reflection. He believes that
three important elements influenced al-Risla, namely, inspiration from the Qur'an,
the Muwatta' of Mlik, and contemporary scholarship 36 Khadduri then goes on to
discuss the substance and arguments applied in al-Risla. In this he tries to explain
the vocabulary used by al-Shawl and divides it into the following four sets of terms,
namely (1) general terms such as 11m (knowledge), bayn (declaration) and 'ad]
(uprightness); (2) technical terms such as `mm (general statement) and khsc
(specific statement) and naskh (abrogation); (3) terms applied in the study of hadi h
such as sunna, hadith, isnd and khabar al-whict, and (4) specific terms in the
37
,
Jstihsn.
ijtihd,
ijma
legal
such
as
and
reasoning
giys, .
exercise of
Khadduri also analyses the fundamental ideas expressed in al Risla. 38 The
is
The
Qur'an
Sunna.
Qur'an
the
binding
the
the
the
work confirms
and
authority of
basis of legal knowledge and the Sunna is its interpretation. The principle of naskh
(abrogation) clarifies the role of the Sunna in its relation to the Qur'an. For example,
33M. G. S. Hodgson, The Venture

of Islam: Conscience and History in a World Civilization
(Chicago, 1974), 326-32.
34K. Semaan,Ash-Shaftì'sRisala: Basic Ideas(Lahore, 1961).

35M.Khaddu i, Islamic Jurisprudence:Shaftì's Risla (Baltimore, 1961).
36j{ du, Islamic Jurisprudence,25-27.
37Khadduri, Islamic Jurisprudence, 28-32.
38Khadduri, Islamic Jurisprudence, 32-40.
INTRODUCTION
13
the Sunna states which verses of the Qur'an are the abrogating ones and which are
the abrogated. AI-RisGia also explains the method of knowing the Sunna and how to
deal with contradictory
fiadith. The latter part of al-Risla summarises legal
is
him,
Khadduri
discusses
Risla.
For
the
also
significance
al
al-RisWa
of
reasoning.
a novel work that made its author the founder of the science of ustil al-figh. AI-Risla
39
Muslim
influences
the
world
still
In 1964 the British legal historian, N. J. Coulson, devoted one chapter to
discussing al-Shfiì's legal theory in his book, A History of Islamic Law. 4 He likens
the contribution of al-Shfiì in u ul al-figh to that of Aristotle in philosophy. For
him, al-Shfiì's genius lays in his systematic presentation of existing ideas with a
went further than many of his predecessors in defending
new orientation. AI-Shifiì
the authority of the Sunna. The Prophetic Sunna represented the Divine will and not
just the function of interpreting the Qur'an. Coulson believes that with this argument,
hadith was recognised as a binding source for legal decisions.
Role in the
In 1966 Ahmad Hasan wrote his article on "Al-Shfiì's

Development
of Islamic
Jurisprudence" 41 He regards al-Shfiì
jurists
by
law
the
was
of
which
adopted
system
critical of al-Shfiì,
in particular
as the pioneer of a
of later ages. However,
of his method of establishing
the validity
For him, the early schools' methods were sounder than al-Shfiì's.
hadith
in the light
comparison
of historical
with the Qur'an
background
internal
and
he is also
of hadlth.
They examined
evidence,
and also by
however,
Hasan
the
still
admits,
and established sunna.
39Khadduri,Islamic Jurispnrdence,40-48.
40IV. J. Coulson, A History of Islamic Law (Edinburgh, 1964 rpt. 1991), 53-61;
cf. idem.,
Conflicts and Tension in Islamic Jurisprudence (Chicago, 1969), 6.
INTRODUCTION
14
value of al-Shfiì's argument on khabar a]-whid in supporting the authority of

hadiith as a whole. For him, there is a difference between accepting the authority of
hadrth as a whole and the method of authenticating an individual hadith. He is also
critical of al-Shafiì's view of ijm `. His suggestion that al-Shfiì's
attempt to
substitute khabar a] whid for ra'y and ijma àmounts to closing the door of ijtyhd is
debatable.
In 1970 Franz Rosenthal highlighted the respective epistemological scope of
the two works of a1-Shfi`3, Jima' al-71m and al Risia. 42 According to Rosenthal,
Jima' al-71m was "the earliest genuine example so far known of a methodological
discussion of "knowledge" in monograph form. " Rosenthal remarks that in Jima' al71m, al-Shfiì discusses knowledge in the sense of the establishment of legal
principles based on the four fundamental sources, Qur'an, fiadi h, ijmd ` and giygs
He asserts that al-Shfiì's treatment of jiadith was highly sophisticated. For him, this
themselves
hadi'th
had
before
that
al-Shfiì scholars of
shows
already acquainted
with
the subject, though in an elementary way. Rosenthal also traces the
epistemological questions in al-Shfiì's Risla. Al-Sh`l
did not just treat the main
problem of epistemology, i. e. what is knowledge and what are its limits, but also tried
to explore how knowledge can be obtained and how its validity can be ascertained.
He believes al-Shfiì's
major preoccupation
was to discuss the sources of
knowledge, but the way he presented his ideas was curious. He did not treat it in the
beginning of his work but left it "buried within the context of the work". Rosenthal
41A. Hasan, "A1-Shft'I's Role in the Development

of Islamic Jurisprudence", in IS, 5
(1966), 239-73. This article is incorporated in his book, The Early Development of Islamic
Jurisprudence (Islamabad, 1970), 178-220.
42F. Rosenthal, Knowledge Triumphant: The Concept

of Knowledge in Medieval Islam
(Leiden, 1970), 72f, 232.
INTRODUCTION
15
also holds that al-Shfiì ignored the question of logical reasoning in order to
establish the general character of knowledge and how this might affect the sources of
legal knowledge. He also emphasises that al-Shì
in many places refers to the
importance of an accurate knowledge of the Arabic language in the process of

making law. This also has its epistemological
Rosenthal have not until
import. These brief remarks by
now prompted further investigation
into the above
mentioned works of a1-Shfiì.

M. Hamidullah, in his article entitled "Contribution
of Ash-Shafii
to the
Science of Law", shows two significant contributions of a1-Shf.'I 43 He mentions on
the one hand al-Shfil's contribution to the science of hadlth. Al-Shafi`l convinced
people that even kbabar al-wbid was binding, and took prcedence over jurists'
opinions. In this he won the confidence of both the muhaddithn and the fugah . On
the other hand, Hamidullah considers that al-Shfi`3's greatest contribution was to the
science of law. Al-Shfiì worked out an abstract science of law, a science which
could be applied to any and every system of law, past, present and future. This
later
is
became
known
science
what
as the science of usl al-frgh. It is actually a
combination of many sciences including philology,
the philosophy of law, the
principles of legislation, logic and even historical knowledge of the source material
of law. Among the problems discussed in al-Shfiì's al-Risla are "what is law, why
should one obey it, how to understand the exact sense, what are the sources of law,
how to make new rules, how to reconcile conflicts in the extant rules, how to modify
and abrogate rules ... " and many others.
43M. Hamidullah, "Contribution of Ash-Shafiì to the Science Law", in Jemal Undangof

Undang(Journal of Malaysian and ComparativeLaw), 2 (1975), 48-58.
INTRODUCTION
16
A major study of al-Shfiì has been that of A. H. bin Haji Othman in his
doctoral thesis, Shì
Hadith. A
and the Interpretation of the Role of the Qur'fn and the
Othman asserts that al-Shfiì's chief concern is with the Sunna of the
Prophet. He tries to show that al-Shfiì's legal theory was aimed at defending Sunni
iqh against the attacks of the ahl al kalm and the early schools of figh. Othman
critically analyses every step taken by al-Shffl in order to show this aim of his legal
theory.
In 1977 John Burton devoted a few pages of his book The Collection of the
Qur'an to highlighting al-Shfiì's endeavour as a major representative of the Sunna
development
45
In
figh,
Burton
hadith.
the
to
the
analysing
of
party
show
of
authority
Qur'an
hadith
ì's
that
the
to
that
prove
and
are
was
concern
al-Shy
major
argues
both aspects of revelation and valid sources for the discovery of God's law. It seems
that Burton asserts the same idea as Othman, who believed the underlying purpose of
his
hadith,
legal
theory,
view
was to counter the challenge
especially
on
al-ShAfiì's
to the existing figh. Burton argues that the effort of jurists and especially al-Shfiì
was effectively to confirm figh as a third source of religious knowledge alongside the
Qur'an and the Sunna.46
Norman Calder in his article entitled "Ikhtilf
RAW'
1s
`
Shifi.
ijm
in
and
47
is
His
in
most relevant
article
al-Shfi`9's
out
al-Risla.
epistemology
as
set
presents
to Chapter Three of this study. For him, al-Shfiì not only defined "the nature and
limits of knowledge (71rn) but defined also its possessors and the extent of their
A. H. bin Haji Othman, ShaÌ and the Interpretation of the Role of the Quran and the
Hadith, unpublished Ph.D. thesis, University of St. Andrews (1976).
451.Burton, The Collection of the Qur'k, (Cambridge, 1977), 21-29.
46Burton, Colectlon, 13.
47N.Calder, "Jkhtildfand iin'in Shfiì's Risld', in Sl, 58 (1983), 55-81.
INTRODUCTION
17
"48
Calder's
discussion
authority.
revolves around the concepts of ikhtilf and ijm ìn
al-Risdla. It seemed to him that both ikhtilaf and ijmàre the central issues in aiShfiì's theory of knowledge. However, no detailed attempt is made by Calder to
show the relationship between 11mand khabar.
It is also worth mentioning that there are other studies of al-Shtfiì which try
to show different aspects of al Risla.
For example, in 1984 George Makdisi
advanced the theory that al-Shfiì's aim in writing al Risla was to work out a
traditional science based on the Qur'an and the Sunna in order to replace the science
of kalm. 49 That is why he prefers to call the science founded by al-Shafiì Wm allaw)
in contrast to ìhn althe
that
treats
the
revealed
revelation,
science
of
shar`(the
àql (the science of reason). Another example is John Kelsay, who presents some
observations on the place of al-Shfiì's theory in the history of Islamic ethics so
Ibrahim Ahmad Ùmar quotes some passagesfrom al-Risla in his general discussion
on the theory of knowledge in Islam 51 Norman Calder questions the traditional
52
few
Tarif
devotes
Khalidi
to
a
and
also
al-Risla
al-Shfiì
attribution of al-Umm
He
in
his
is
khabar
discussing
to
of the opinion that
study.
al-ShafiT
s
view
of
pages
al-Shfiì's
theory was concerned with combating the sceptics as well as the
`conservatives' among Muslim scholars 53
48 Calder, "Jkhtilfand ijm5', 56.

49G. Makdisi, "The Juridical Theology
of Shfiì: Origin and Significance of usi al-figN', in
SI, 59 (1984), 5-47.
50J. Kelsay, "Divine Command Ethics in

early Islam: Al-Shafiì and the Problem of
Guidance",in Journal of Religious Ethics, 22.1 (1994), 101-26.
511.A. Ùmar, al-'11mwa-l-fmn (Herndon, 1990).
52N.Calder, Studiesin Early Muslim Jurisprudence(Oxford, 1993).
53T.Khalidi, Arabic Historical Thoughtin the ClassicalAge (Cambridge, 1994).
INTRODUCTION
18
John Burton elaborates al-Shfiì's theory of abrogation in his book The

Sources of Islamic Law. 54In An Introduction to the Hadith, 55Burton also refers to alShfiì's views on hadith. But he leaves the epistemological dimension of hadith
Hallaq
Wael
in his article "Was al-Shafiì the Master Architect of
B.
untouched.
Islamic Jurisprudence?" questions the claim that al-Shfiì was the founder of usl alfigh by arguing that the title of the "father" of usl al-figh was a later adoption. 56
A recent article by A. Qodri Azizi also discusses al-Shfiì but only refers to
the problem of ikhtilf(disagreement)
in Islamic law. 57Recently, E. Chaumont in his
article on al-ShAffi in the Encyclopaedia of Islam has highlighted the need for
comprehensive study of two published works of a1-Shfi`3, namely Kitb ib(l alistihsn and Jim ` al- ilm. ss
A newly available study of al-Shfi`Y is A. K. Ali's doctoral thesis entitled,
"AI-ShfiTs
Jima'
Contribution to Hadith with an Annotated Translation of his Work
al- ìim", which is mainly devoted to the discussion of hadith as the second
source in the science of usl al-irgh. S9All divides his study into two parts. In the first
part, he discusses the contribution of al-ShW! and also that of his contemporaries on
the subject. In the second part, he presents a general introduction to AMR' al-Ilm
followed by a translation of the work into English. Though this study has its merits, it
54J.Burton, TheSourcesof Islamic Law: Islamic Theoriesof Abrogation (Edinburgh, 1990).

55J.Burton, An Introduction to the Hadith (Edinburgh, 1994).
56W. B. Hallaq, "Was al-Shatì the Master Architect of Islamic Jurisprudence",in JJMES,
25 (1993), 587-605.
57A. Qodri Azizi, "Ikhtilfin
IS, 34.4. (1995), 367-84.
Islamic Law with Special Reference to the Shfì
School", in
58E.Chaumont,art. "A1-Shfiì", E1, ix, 181-85.

59A. K. Ali, AI-Shg`2s Contribution to Hadith
with an Annotated Translationof his Work
Jimaàl- ilrn, UnpublishedPh. D thesis,University of Edinburgh (1996).
INTRODUCTION
19
has no treatment of the relationship between ìlm and khabar with which this present
study is concerned.
A more recent article by Professor Mehmet Pacaci entitled "The Role of
Subject
(Mujtahid)
represents al-Shfiì
in
al-Shafiì's
Methodology:
as using a hermeneutic
Hermeneutic
approach for
Approach"
the purpose of
understanding religion. In his view, al-Shfiì's methodology is basically determined

by his view of ìlm. A scholar (`lim) should speak on the basis of khabar or with
clear indications on the basis of khabar.60
To the best of the researcher's knowledge there has been no previous attempt
to examine thoroughly the relationship between 71m and khabar in the work of alShtI'i. The works that have been cited only treat the relationship between 71m and
khabar summarily to serve as a background for the study of legal aspects of alShfiì. Studies on hadith in general lean more towards examining its historical
In
the
central
without
epistemic
question.
position
analysing
addition, the article on
kbabar in the Encyclopaedia of Islam does not highlight the importance of khabar as
field.
61
The
in
following
fill
knowledge
the
to
this
pages attempt
gap
a source of
60M. Pacaci, "The Role of Subject (Mujtahid) in

al-Shatì's Methodology: A Hermeneutic
Approach", in AJISS, 14.3 (1997), 1-15 (4).
61A. J. Wensinck, art. "Khabar", E11,iv, 895.
CHAPTER 1
THE LIFE OF IMAM AL-SHAFI`T (150-204/767-820)
Imam al-Shfiì was a man whose background amply fitted him for the role he was to
This
Islamic
in
chapter will briefly highlight aspects of the life of
scholarship.
play
al-Shfiì in order to provide the background for a clear understanding of his
contribution.
1.1 His Full Name

The full name of Imam al-Shawl was Muhammad b. Idris b. a1-Àbbs b. Ùthmn b.
Shfi` b. al-SA'ib b. Ùbayd b. Àbd Yazid b. Hshim b. al-Mullalib b. Àbd Manf b.
Qusayy b. Kilb b. Murra b. Ka`b b. Lu'ayy b. Ghlib b. Fihr b. Malik b. al-Nadir b.
Kinna b. Khuzayma b. Mudrika b. Ilys b. Mudar b. Nizr b. Ma'd b. Àdnn b. Udd
b. Adad b. al-Hamaysa` b. Bint b. Ismìl b. Ibrahim Khalil al-Rahmn. 1 His kunya
(patronymic name) was Ab Àbdal1 h.2
1.2 Date of Birth
The bibliographical sourceson al-Shì
This
in
150f767.3
born
he
that
was
agree
4
Some sources even say that alHanifa
Imam
AbG
death
the
the
same
year as
was
of
Shy ì was bom on the same day as the death of Ab Hanifa. 5
1Al-Bayhagi, Managib, i, 76;

a1-Khalib, Trikh, ii, 57.
2A1-Bayhagi, Mangib, i, 76.
31bn Abi Htim al-Razi, 4db, 25; Ibn Àbd
al-Barr, Intig , 66-7; Yaqt, Lshd, vi, 369;
Ibn Hajar, Tawll, 34; Ibn Khallikn, Wafayt, ii, 570.
41bn Àbd al-Barr, Irttiga , 66; Ibn Hajar, Tawli, 52-3; Imlim Abi Hanifa
al-Nu`man b.
Thbit (80/699-150/767)was the founder of the school of the Hanafis. He lived in Knfa and studied
Sulaymn
b.
Hammd
(d. 120/737). After the death of Hammd, he became the foremost
under
authority of law in Kfa, seeJ. Schacht,art. "Ab Hanifa", in EI, i, 123f.
5Ibn Hajar, Tawll, 53; Ibn Khallikn, Wafayt,571.
20
THE LIFE OF IMAM AL-SHAFIÌ
21
1.3 Birthplace
Regarding his birthplace, the sources report that al-Shfiì was born either in Gaza or
in Àsgaln 6 However, most later biographers believe that he was born in Gaza 7
Some would reconcile these reports by arguing that these two places are close to each
other on the Mediterranean shore in Palestine. 8 Others say that al-Shfiì was born in
Gaza but was then brought to Àsgaln to stay with the Yamani tribe to which his
al-Shfiì
There
is
1
belonged
born
Yemen.
in
that
report
also
a
mother
was
.9
According to Yagt, this mention of Yemen can be accepted only as referring to the
Yamani tribe mentioned above, which settled in Palestine after the conquest in
15/636.11
1.4 Family Background

Most sources show the high lineage of al-Shfiì by referring to his descent from the
tribe of Quraysh. 12He was descended from Ban al-Muttalib, 13who had a special
14
The
Prophet
Muhammad.
Hshim,
Ban
the
the
with
clan
of
strong
relationship
and
Prophet himself confirmed this special relationship. 15 Al-Muttalib,
who was al-
Shfiì's direct ancestor and Hshim, who was the Prophet's great grandfather, were
6lbn Àbd al-Barr, Intrg . 67; Ibn llajar, Taw1F50-51;Yqt, I shd,369.

7Ibn Àbd al-Barr, Intig, 67; Ibn I! ajar, TawIf, 50-51; YAqt, lrsMd, 369.
8Y50t, Irshd, 368; Ibn Hajar, Tawlf, 51.
9YAgt,Irshad, 368; Ibn Hajar, Taw17,51.
101bnAb! Htim, Adb, 22.
IIY5gllt, shd,368; cf. Ibn Hajar, Tawlf, 51.
.
121bnÀbd al-Barr, Intiq , 66.
13IbnÀbd al-Barr, httig , 66.
141bnÀbd al-Barr, Intiga , 66.
15Accordingto the report in Ibn Hajar, Ùthmn b. Àffn from Band Àbd Shamsand Jbir
b. Milan from Ban Nawfal complained to the Prophet regarding the distribution of khumus (war
spoils) which was restricted to Bans Hshim and Band al-Muttb. The Prophet explained that both
Ban Hshim and Ban al-Mul.Xalibwere treated as the same,see TawW, 38; the Prophet also says:
"We and the sonsof Mutlalib are like this" and he held two fmgers together,seeal-Mas`di, Munlj a!
dhahab,iii, 346; idem, TheMeadows of Gold, 198.
THE LIFE OF IMAM AL-SI-IAFIÌ
22
both sons of Àbd Manf b. Qusayy b. Kilb b. Murra. 16It is reported that al-Muttalib
and Hshim had a close friendly relationship in their early life. When Hshim went to
Syria, and later died at Gaza, al-Muttalib adopted Hshim's son from his marriage
with a woman from the tribe of Khazraj in Medina. This son's name was Shayba alIiamd, and he had been brought up by his mother in Medina. When al-Muttalib came
to Medina he brought Shayba back with him to stay at Mecca, and he became known
as Àbd al-Mutlalib.
It was a Meccan tradition that when anyone looked after an
orphan child, the latter would be called àbd of the one who looked after him. '7 This
Àbd al-Muttalib was the prophet's grandfather, and he stayed with al-Muttalib until
the latter died. Al-Mullaub
also had many sons of his own, one of whom he named
Hshim. 18 This was in order to show his love for his deceased brother, Hshim.
Hshim b. al-Muttalib was also a direct ancestor of al-Shfiì. Accordingly, al-Shfiì
is sometimes known as "al-Imm al-Muttalibi"
and as "al-Hshimi". 19
As mentioned earlier, a strong relationship developed between Band alMu}Lalib and the family of the Prophet, Ban Hshim. For example, both of them
helped each other in their struggle with Ban Àbd Shams for political and religious
authority. This co-operation was maintained in the time of the Jhiliya and continued
in the time of Islam. 2 Muhammad Ab Zahra states that the attitude of Ban alMuttalib never changed during the confrontation between the Muslims and Quraysh.
When Quraysh boycotted Banii 1lshim, they did the same with Ban al-Muh. alib.
16Other sons of Àbd Manf

are Àbd Shams and Nawfal, see Ibn Àbd al-Barr, Intig , 66.
171bn Hajar, Tawll 35.
18Y5gt1t, Ish9d, 368; Ibn Hajar
mentions four sons of Hshim, namely Makhrama, Ìbad,
Àlgama and Àbd Yazid, Ibn Hajar, TawG, 35.
19Y5gdt,Irsha4 368.
20IbnAbi Htim, dab, 123.
.
THE LIFE OF IMAM AL-SHAFI`t
23
That was why the Prophet included both families in the group of dhaw3 al-qurb,
thosewho qualified for booty (ghanlma)21

It is also worth mentioning that al-S'ib, another ancestor of al-Shal,
was
held the banner of Banti Hshim during the battle of Badr (2/624). He fought against
the Muslims at Badr. He was captured, but then ransomed himself, and later, he
converted to Islam. When the Prophet met al-S'ib together with his son, Shari`, the
Prophet prayed for him. At that time, Shfi` b. al-S'ib was only a small boy. 22
1.5 AI-Shfiì's
Immediate Family
Al-Shfiì's father was Idris. He was born in Yemen, in a place called Tabla,23but
stayed in Medina. Later he moved to Syria with his family and stayed in Àsgaln,
and died before or shortly after the birth of al-Shfiì.
As far as al-Shafiì's mother was concerned, there are different reports. The
well-known and authoritative view is that a1-Shfiì's mother was a woman from the
tribe of Azd. She was known as "Umm Habiba al-Azdiya" or "Umm Asadiya". 24The
Prophet Muhammad praised this tribe of al-Azd as "the root of the Arabs" (jurthmat
al-àrab) 25 According to al-Subkl, there is another view that his mother was a
descendent of Àli b. Abi Talib. According to this view, al-ShAffi's
mother was
Fatima bint Ùbaydallh b. al-Hasan b. al-Ilusayn b. Àll b. Abi Tlib. However, this
be
b.
Àli
had
far
know
may
not
report
reliable since as
as we
otherwise, al-IIusayn
only one son, Àll Zayn al-Àbidln. Most probably for this reason, another report puts
21Mubammad Abu Zahra,

a]-SbA67.4&aytuhu wa- à mh, ara'uhu wa-fighuh, 3rd ed (Cairo,
1948), 15; a1-Shiiì, al Risla, 68 para. 229.
22A1-Khatib,Tarikh, 58.
23YAqtlt,Muyam al-buldin, 5 vols (Beirut, 1956), ii, 9-10.
24A1-Subki,Tabagit al-sh ìya, i, 100.
2SA1-Khalib,Trikb, 58.
24
Àli
b.
instead
26
of
al-Hasan
al-Husayn. Nevertheless, the view that al-Shfi`l's
mother was a direct descendent of Àli merits consideration.It could be linked with
al-Shfiì's attitude during a fitna in Yemen, which endedwith his appearancebefore
the caliph Hann al-Rashidin Raqqa.27
Al-Shfiì married three times and had four children. His first wife was a
descendent of Ùthmn b. Àffn. It is reported that al-Shfiì married her in $anà,
Yemen. According to his grandson, Ahmad b. Muhammad, her name was Hamda
hint Nfi` b. Ànbasa b. Àmr b. Ùthmn b. Àffn? 8 From this wife, he had a son
and two daughters, namely Abt Ùthmn Mul}ammad b. Muhammad b. Idris, Fatima
and Zaynab. Zaynab was Ahmad's mother. Al-Shafiì's
eldest son, Ab Ùthm. n,
was appointed as the Qadi of Aleppo in Syria. 29

A1-Shfiì also married his maid, Dannir. By her he had another son named
Ab 'l-Hasan Muhammad. The report says that Ab 'l-Masan was small when alShafi`l died. 30His third wife was the daughter of Zurra al-Zuhrnya from the tribe of
Zuhra. However, this marriage ended in divorce 31
1.6 A1-Shfiì's Education and Scholarly life

1.6.1 Early Life and Education in Mecca
After the early death of al-Shafiì's father, his uncle came to Àsgalan to bring alShfiì and his mother to Mecca. According to al-Shfiì himself, he was at that time
26A1-Subki,Tabagt,100.
27Chaumont,"Al-Sh ì", 181-182;on this
event, seebelow, 37.
28A1-Bayhaqi,Mangib, i, 86.
29A1-Bayhagi,Manaqib, ii, 306.
30A1-Subki,Tabagat, 226.
31AbtNucaym,Hilyax ix, 142.
25
two years old. However, some sources report that al-Shfi`l only arrived in Mecca
32
he
ten
when was
The sources reveal little information about al-Shfiì's early life. He is said to
have been brought up in Mecca by his mother in poor circumstances 33 Their house
was at the Shi`b al-Khayf in Mecca. Al-Khalib
mentions that al-Shdfiì's mother
wished to bring him to Mecca in order that he should have a better religious
34
education. Thus, his mother played an important role in developing al-Shfiì's
scholarly career. With her encouragement, al-Shiì,
in his early life, devoted
himself fully to the search for knowledge. 35 It is worth noting that, in al-Shfiì's
time, various kinds of knowledge had already developed, including religious and
philosophical knowledge. It is not certain whether al-Shfiì had any knowledge of
philosophy. He did however study astrology or astronomy for a short period 36
According to al-Shfiì, it was his usual practice after having finished reading
the Qur'an to go to the Holy Mosque to listen to religious discussions. So it is not
37
hadiths
he
discussions
that
many
surprising
memorised
and
of religious problems. It
is also reported that he memorised the Qur'an at the age of seven38and committed to
memory al-Muwat(a'
at the age of ten 39 His Qur'anic teacher was Ismail
al-
32Ibn Hajar, Taw,31i,50-51;

al-Khatib, Trikh, 59.
33Khadduri, ShWS'sRisla, 10; Abu Zahra, ShArjl, 18-19.
3'A1-Khat1b, Trikh, 59;
also Yqt, Irshd, 368.
35His another interest
was in archery (al-ramy), see Ibn Hajar, Tahdhib al-tahdhib (Beirut,
1326[19081), vii, 26 (cited hereafter as Tahdhib); al-Shaffi excelled in this sport by "hitting the bull'seye nine (or ten) times out of ten", see Chaumont, "al-Shaffi", 181.
361bnHajar, Tawli, 115.

371bnAbi Htim, Adab, 24.
381bnIjajar, Taw*1i,54.
391bnKhallikn, Wafayat 570.
26
Qastantin 40 In the field of tafszr, a1-Shfiì esteemed very much the commentary on
the Qur'an by the Zaydi-Mutazili
scholar, MugAtil b. Sulaymn (d. 150/767).
Most sources state that al-Shfi`3 stayed in his early life with the tribe of
Hudhayl in order to acquire a thorough knowledge of Arabic. This tribe was
42
However,
his
Arabic
its
disagree
the
the
pure
sources
of
use
of
renowned
on
period
44
43
Some
ten,
some even twenty years45 In any case, al-Shfiì
stay.
say seven, some
gained a vast knowledge of Arabic, poetry, tales and the history of the Arabs. In fact,
he was an expert in the Arabic language. This is evidenced by his commitment to
teaching Arabic to his students in later life. It is also reported that al-A5maì (d.
213/828), an eminent scholar of Arabic, studied under al-Shei'!,
and read over with
him the Hudhali poems and the Diwan of al-Shanfar in Mecca 46

Al-Shfiì's commitment to poetry and the Arabic language then turned to the
day
figh
that
hadrth.
The
that
one
was
reminded
al-ShAVI
study of
and
sources state
it was better for him to study religious knowledge than to study poetry. 47Though this
indicate
ltim,
for
I
to
Ibn
Abi
by
be
it
a
example,
verified,
was used
anecdote cannot
turning point in al-Shfiì's intellectual endeavours48 When he began his quest for
Arabic
knowledge
his
hadith,
knowledge
field
fiqh
in
of
the
vast
and
religious
of
helped him to master that knowledge in a short period. At the age of fifteen, alSh ì was authorised by Muslim b. Khlid al-Zanji (d. 180/796), the mufti of
40Ab al-Fid' Ibn Kathir, al Bidya wa-I nihya (Beirut, 1966), ix, 252.
41Hamidullah, "Contribution of al-Shafiì", 55; Mugatil b. Sulayman was a m0additb and
mufassir. His tafsir includes Tafsir Mugatil b. Sulaymn in 5 vols. and Kitb Whir al-khams mi'at dya
M.
Plessner[A. Rippin], art. "Mugtil b. Sulayman", in E!, vii, 508-09.
see
al-qur'an,
min
42Ibn Hajar, Tawli, 54-55.
43Yqt, Irshad, 368.
Ibn Kathir, Bidya, 252.

451bnKathir, Bidiya, 252.
461bnKhallikAn, Wafayax569; Ibn Hajar, Tawii, 97; Heffening, "Al-Shfiì', 253.
47See,Ibn Hajar, Tawli, 58 and Ab Nuàym, Hilyat, 70.
27
Mecca, to give fatws 49 What is more, al-Shfiì's involvement in the search for
knowledge was enhanced by the status of Mecca itself as a centre for religious
learning. Later on, al-Shfiì appears in the history of Islam as a jurist and thinker par
excellence.
Among al-Shfiì's distinguished teachers in Mecca were Muslim b. IQlid
193/813)
Sufyn
Ùyayna
(d.
b.
and others 50 According to al-Shfiì
al-Zanji,
himself, some claimed that the highest authority in religious knowledge in Mecca
51
He
by
Àt'
held
b.
Abi
Rabh
was succeeded in this rank by Àbd al-Malik b.
was
Àbd al-Àziz, known as Ibn Jurayj (d. 150/767), who later became the mufti of
Mecca. According to Ibn I3ajar, al-Shfiì learned Ibn Jurayj's books from his
Said
b.
Slim
Àbd
Muslim
b.
Khlid
al-Qaddh,
al-Zanji,
al-Majid
students, namely
b. Àbd al-Àzzz b. Abi Rawwd and Àbdallh b. al-IHrith al-Makhzmi 52
1.6.2 Al-Shfiì in Medina

After finishing his studies in Mecca, al-Shfiì went to Medina to study under Imam
Malik in 1701786. Imam Malik, the author of the Muwa4ta , was regarded as the
highest authority in fiqh. His name was known throughout the Islamic world and he
Malik
Al-Shaf
from
!
that
until
under
studied
world.
all over
attracted many students
the latter died in 1791795.53This means that al-Shf ! was under Malik's supervision
for a period of nine years. Malik had an even greater influence on him than his
Meccan teachers, and al-Shfiì sometimes acknowledged himself as a Medinese and
48 Ibn Abi Htim, Adab, 22-23.

Khallikan,
Wafayit, 570; Ibn Hajar, Tahdhib, 27.
"49Ibn
50SeeIbn Haie s list of al-Sh ì's
eighty nine teachers, Tawli, 62-81.
51A1-Shfiì, Jimaàl-ìlrn, 63,
para. 245.
6,386.
521bnHajar, Tawli, 72-73; on Ibn Jurayj, seeCh. Pellat, art. "Ibn Djuraydj", in EI, supp. 5531bnHajar, Tawl 52-56; Yqt, Ishd, 371.
,
THE LIFE OF IMAM AL SHAFIÌ
28
However,
his
Malik.
developed
had
this
time
at
own
yet
al-ShAfiì
pupil
of
not
a
approach to figh, even though he had already succeeded as a brilliant jurist.
Al-ShMi`1 also studied under various other scholarsin Medina. One of these
b.
his
YahyA
lbrhim
Muhammad
Abi
(d.
b.
184/800),
faqir
had
was
who
a
received
M
Àmr
b.
Ùbayd,
Mu`tazili.
from
Ibrahim
had
is
have
to
a
a
education
own
reported
Mu`tazili tendency and may well have been a Mu`tazili 55 Therefore, it is likely that
al-Shì
was well-versed in the Mu`tazili approach to knowledge which put reason
it
Suffice
knowledge.
Mu`tazili
hierarchy of
to
that
the
the
say
primary
source
of
as
evidences (adilla) was as follows:
reason, the Qur'an, the Surma and ijm`. 56
However, this was not the first time al-Shfi`Y had been exposed to Mu`tazili views,
It
is
Mecca,
in
his
them.
teacher
with
was
also
well-acquainted
al-Zanji,
since
Ghayln
b.
Muslim
had
that
al-Dimashq-1.57
under
studied
al-Zanji
reported
Al-Shfiì was also well-versed in the approach to knowledge of the Hijzi
Mecca
Medina.
The
Hijzi
thought
the
school was also
of
of
and
school
school,
known as ahl al-iadith, as established by Malik in Medina 59To Malik, the sources of
.
knowledge were as follows: the Qur'an, the Sunna, ijm , Medinese practice (aural
S9
The
(maclaha
interest
ala).
mui
ah! al-madina), giys and considerations of public
541 is full name is Àmr b. Ùbayd b. Bab, one of the first Mu`tazila. He was bom at Balkh in
80/699 but moved to Basra, see W. Montgomery Watt, art. "Àmr b. Ùbayd", in EP i, 454.
55Q501al-Qudat Ìmd al-Din Àbd al-Jabbr, Tabagt al-mu `tazila, in Fa{lil al-i `tlzal watabagtal-mu`tazila, ed. Fu'd Sayyid, 3rd ed. (Tunis, 1986), 253.
56'Abd al-Jabbr,Tabagai 139; refer further to Chapter2.

57'Abd al-Jabbr, Tabagt,253; Ghayln b. Muslim is chiefly known as one of the advocates
of free will, which is in agreementwith the Mu`tazill view, seeCh.Pellat, art. "Ghaylan b. Muslim", in
Ef, ii, 1026.
58SeeJ. Schacht,art. "Ahl al-hadith", in E/, i, 258f.
591J.A. Mari, "al-Ijtihd ti 1-sharià al-Islnmlyal', in Ijtih'd in the Islamic Law
and Other
Subjects,Selectionsof Paperspresentedto the Conferenceon Islamic Jurisprudenceorganized by the
Islamic University of Imm Muhammad Ibn Sadd, Academic Council, 20 (1984), 101f; see further
Chapter2.
29
views of ahl al-hadith, however, were not confined to Medina and its surrounding
areas alone, but influenced and shaped all the great centres of Islam 60
If al-Shfi`l was familiar with the Mu`tazill approach to knowledge while

studying under Malik, he probably did not have direct access to the approach to
knowledge of the school of ra y (the speculative school), which prevailed in Iraq,
especially in Kfa and Baghdad 61 For this school the sources of knowledge were the
Qur'an, the Sunna, ijm , the sayings of the Companions (agwl a1-;sahaba), isti/isn
(juristic preference)62 and ùrf (custom) 63 Imam Ab Hanifa was acknowledged as
the father of this school of thought. Two of Ab Hanifa's followers, the grand Qadi
Abu Ysuf (d. 182[798)M and al-Shaybani (d. 189/804)65then developed his ideas.
1.6.3 A1-Shfiì in Yemen
After the death of Malik in 1791795, al-Shffi
was invited to become the Qadi at
Najran in Yemen. His departure for Yemen as an Islamic authority in his own right
was due to the death of Mlik. At that time, al-Shfiì was around thirty years old and
he could well have been regarded as one of the contemporary representatives of the
60Schacht,Introduction, 34.
61SeeI. Schacht,art. "agbAbal-ra'y", in EF, i, 692; seefurther Chapter2.
62fstihs n literally means `to approve,

or to deem something preferable'. It is derived from
hasuna, meaning being good or beautiful. Technically, it is à method of exercising personal opinion in
order to avoid any rigidity and unfairness that might result from the literal enforcement of the existing
law'. It involves setting aside an established analogy in favour of an alternative ruling which serves the
ideals of justice and public interest in a better way, see M. H. Karnali, Principles of Islamic
Jurisprudence (Cambridge, 1991), 246.
63'Urf is derived from the root word àrafa (to know), and literally means `that which is
known'. Technically, ùrfis `recurring practiceswhich are acceptableto people of soundnature', see
Karnali, Principles, 283; also Mari, "al-Ijtihad", 97-99.
His name was Abis Yfisuf Ya`qb al-Anaii. He was a prominent lawyer and one of the
founders of the Hanau madhhab. His was born in the year 113/131 and studied under Ab Hanifa,
Malik b. Anas, al-Layth b. Sad and others. He was appointed as the Qadi in Baghdad and then
received the title Q al-quult (the grand Qadi). His famous work is K. al-kharj, a treatise on public
finance, taxation, criminal justice and related subjects, see I. Schacht, art. "Abn Yiisuf', in EI, i, 164L
65Hisname was AN Àbdallah Muhammad b. Hasan,

a mawl of Ban Shayban.He was a
jurist who studied under Ab Nanifa, Abi Ysuf and Malik. Born at Wash in 132 (749/50) but
brought up in Kirfa, seeHeffening, art. "Al-Shaibni", in E! ', iv, 271-72.
30
school of Medina. While he was in Yemen, al-Shfiì studied under celebrated

teachers such as Mutarrif b. Mzin al-$an`ni, who was the Qadi of $an`', and
Hishm b. Ysuf al-$an`ni 66 However, while al-ShOVi was in Yemen, he was
accused of supporting an Àlid movement to topple the Abbasid caliphate. This
movement was led by the Zaydi Imam Yahya b. Àbdalih. Al-Shafiì was arrested
together with three hundred other men and brought to Raqqa before the caliph Hriin
al-Rashid (d. 193/809) in 184/800.67 All the prisoners were sentenced to death for
their crimes, but, al-ShAfiì was pardoned when he defended his loyalty to the caliph
and denied the allegation that he was a Shl'168
1.6.4 AI-Shfiì in Iraq

Al-Shaybni was at that time the Qadi of Raqqa, and attended the court hearings of
al-Shì.
He was attracted by the answers given by al-Sh`3, and is reported to
have defended him by acknowledging him as a well-versed scholar in fiqh. 69 This

provided an opportunity for al-ShAf ! to meet al-Shaybni and to asociate with him
and with other scholars of Iraq. It was probably in the year he spent with al-Shaybni
in Iraq that al-Shfiì read all his works. 20One report says:
"He [al-Shfiì] was attached to Muhammad ihn a]-Hasan
for a year, so as to write down his books. They related to us
what al-Rabi` ibn Sulaymn quoted from al-ShaWl, who
said, "I wrote down for Muhammad a camel's load of
books. "71
By associating with the scholars of Iraq and discussing with them, al-Shfiì
was able to master the method of the school of ray.
This, according to Majid
661bnHajar, Tawali, 70.

671bnKathir, Bidya 252.
68SeeIbn Àbd al-Barr, Intrga . 95-97, Yqt, Irshd 371-72.
69YAgiit,Ilshad, 371.
7OIbnHajar, Tawali, 147.
THE LIFE OF IMAM AL-SIiAFIÌ
31
Khadduri, had a great impact on him 72 By now he had been exposed to the two main
intellectual trends in the Islamic world, namely the school of hadrtb and the school
of
ray.
Both schools, each with its own approach to religious knowledge, were
responsible for the process of translating Islamic norms into practice. Therefore, alShafi`l had acquired in his possession a broad basis of contemporary Islamic
expertise. In other words, al-Shì
was well-versed in all growing trends in the
Islamic world because of his wide travel and broad relationship with people. It is not
surprising that with his brilliant intelligence al-Shfiì came up with a synthesis and a
systematised approach to knowledge. His approach was an integrated approach
combining that of ah! al-hadrth with that of ahl al-ra'y. The importance of al-Shfiì
was his deliberate effort in choosing and arranging the arguments made by ahl alhadith and ah]al-ra yregarding religious knowledge 73
The reason for al-Sh&fiì's creativity is not difficult to find. He studied under
the best teachers of his age. These teachers were not merely involved in the transfer
of knowledge from one person to another but were men of calibre and creativity. In
making decisions in matters of religion, they applied their own method constructively
and did not depend on others. In short, every one was an independent scholar. This
includes all the known scholars who had personal contact with al-Shfiì.
1.6.5 Al-Shf ì's Return to Mecca

After staying in Iraq for nearly two years, al-Shff3 returned to Mecca and stayed
there for nine years.74 He devoted himself to teaching, but his teaching began to
7lIbn al-Nadim, al-Fhrisi 209-10; idem, TheFihrist,

trans. Bayard Dodge, i, 516.
72Khadduri, SbArMslsla, 12.
73A1-Nawawi,Tahdhibal-asma'
wa-l-lughat, quotedby Ibn Hajar, TawX! 229
74Chaumont,"Al-Shafiì", 182;
seealso Othman, Shjfj 7 and the Interpretation of the Role of
the Qur'an and the adi , 12.
differ from Malik's
because he was now well-acquainted with both Mliki
32
and
Hanafi legal opinions. He knew some advantages and disadvantages of both these
schools.
A1-Shiiì's combining of the approaches of ab] al-hadith and ah! al-ra'y
influenced many people in Mecca. Among them were Ab Bakr Àbdallh b. alZubayr b. Àbdallah b. Zakarly al-Humaydi (d. 219/834), Ab Ishq Ibrahim b.
Àbdallh b. Muhammad b. a1-Àbbas, also known as Ibn Ùthmn b. ShATI alMuttalibi (d. 237/851), Abd Bakr b. Muhammad b. Idris Warrq al-Humaydi and
75 Some of them wrote books according
Ab 'l-Walid Mtis b. Àli al-Jarvd b. ÌmrALn
to al-Shf I's views. However, in some matterss, they had a different opinion from
al-Shfiì. All of them except al-Huraydi
studied under al-Shf ! only in Mecca,
before he went to Baghdad. Al-Humaydi followed al-Shfiì when the latter moved to
Egypt, and stayed there until al-Shaft i died. 76
1.6.6 Al-Shfiì's
Alleged Early Arrival
in Egypt
There is no report from the sources supporting a view that the first arrival of alShafiì in Egypt was earlier than 198/813, as suggested by Heffening. According to
Heffening, al-Shfiì travelled to Egypt for the first time before he returned to Mecca
from Baghdad, and journeyed through Harran and Syria after leaving Iraq. n Since no
Schacht
found
for
be
that
in
the
this
with
can
one
concur
view
sources,
may
evidence
the view of Heffening is not accurate78 A1-Shfiì came to Egypt for the first time in
75For the last two, their years

of death are not known, see, Ibn Àbd al-Barr, Intiga; 104-105.
76Ibn Hajar, Tawli, 244-45.
77Heffening,"A1-Sh ì ", 252.

78J.Schacht,"On Sh fi1's Life and Personality", in Studia OrrentaliaIoanni PedersenDicata
(Hauniae, 1953), 319-20.
198/813. Al-Kindi
33
mentions that at this time al-Shfiì was known as a great jurist
and teacher in Baghdad, and had attracted many followers there.79
1.6.7 A1-Shfiì's Return to Baghdad

On his second arrival in Baghdad in 195/811, two years after the death of the caliph
Hrn and six years after al-Shaybni's
death, al-Shfiì's
ideas were fully
developed. His arguments were always based on the Qur'an and the Sunna, as
opposed to those of other scholars who referred to the sayings of their masters.80He
now succeeded in attracting a considerable audience in Baghdad. After his arrival in
Baghdad, it is reported that only one halga (study circle) was left, under al-Shafiì.
He stayed in Baghdad for two years, before once more returning to Mecca. It was at
this time that he established himself as a high calibre jurist and thinker. 81
Among
a1-Shfiì's students in Baghdad were Ab
'All
al-Hasan b.
Muhammad al-Sabbh a1-Za`farni (d. 260/873), Ab Àli al-Husayn b. Àli alKarbisi (d. 256/869), Ibrahim b. Khlid al-Kalbi, known as Ab Thawr (d. 240/854),
Ab Àbdallh Ahmad b. Ilanbal (d. 241/855), Ab Ùbayd al-Qsim b. Sallin (d.
224/838), Ab Àbd al-Rahmdn b. Alhmad b. Muhammad b. Yahy al-Ashari
Bari,
al-
Abi Ya`qb Ishaq b. Makhlad, known as Ibn Rahawayh (d. 238/852)82 and
Sulaymn b. Dwd b. Àll b. Àbdalldh b. Àbbas al-Hshiml, known as Ab Ayyfb

83
his
These
for
the
of
spread
al-Baghddi
students of al-Shdriì were responsible
ideas in the form known later as al-qawl al-gadim (the old doctrine), which was based
79Abu Ùmar Mul ammad b. Ysuf

al-Kindi, Kittb al-uwlt wa-kitb qucit rni.cr (The
Governors and Judges of Egypt), ed. R. Guest, Gibb Memorial Series (Leiden and London, 1912),
154.
801bnHajar, Tawali, 12-13.

811bnHajar, Tawli, 12-13.
821bnÀbd al-Barr, Intig ; 105-107.
831bnHajar, Tawli, 245-56.
34
however,
delivered
did
lectures
in
his
Baghdad.
his
Some
and
writings
students,
on
of
A1-Za`farni,
him
for
follow
strictly.
example, made alterations to al-Shì's
not
views which annoyed others of his students. Accordingly,
most of a1-Za`fardni's
books disappeared because nobody wanted to copy them. Ab Thawr developed his
from
differed
84
legal
the
thought
which
system
of
own
al-Shfi`3
1.6.8 Al-Shfiì
in Egypt
Al-Shfiì returned to Mecca after his two years in Baghdad. Then he went back to
Baghdad in 198/813, but only stayed there for a few months. At this time there was
had
between
because
instability
in
Baghdad
the Caliph alwar
erupted
civil
political
Amin (d. 198/813) and his half-brother al-Ma'mn (d. 218/833) over the succession
to the caliphate. In year of al-Shafiì's return, the caliph al-Amin was murdered, and
Baghdad remained in chaos until the arrival of al-Ma'mn
in 204/820 from
Khurasan. 85Al-Shfiì left Baghdad before the murder of the caliph, but did feel that
the disorder in public life was harmful to his intellectual
believed that al-Ma'mn
had a bias towards Mu`tazill
compatible with his own views. Al-Shfiì's
endeavours. He also
views, which were not
expectations proved correct when al-
Ma'mnn in 213/828 proclaimed the createdness of the Qur'an (khalq al-Qur'n) S6

With these considerations al-Shaffi decided to settle in Egypt, and went there on 28
Shawwl 198/(21 June 814). 87 According to Abi Ùmar al-Kindl (d. 3501961), alShfiì set out to Egypt on the invitation of his friend, Àbdallh b. Àbbas b. Msa,
the son of the newly appointed governor of Egypt. 88However, his arrival in Egypt
841bnNadim, Fihrist, 520.

85See1I. Kennedy, The Prophet
and the Age of the Caliphates (London, 1986), 148-52.
86Abr Zahra, ShAri`f, 28.
Sllbn Àbd al-Barr, Intig , 67; also Heffening, "A1-Shfiì ", 253.
88A1-Kindi,Kitab al-wzilt, 158.
TIE LIFE OF IMAM AL-SHAFIÌ
35
co-incided with an outbreak of fighting there, and he returned to Mecca. He returned

to Egypt in 200/815 to settle there for good. 89
intellectual activities flourished in Egypt. It was here that he
Al-Shfifiì's
composed the new version of al-Risla and other treatises collected in al-Umm OHe
taught at the Mosque of Àmr in FustAI. Here he was initially
well received, and
Mlik
by Ban Àbd al-Hakam, an important
disciple
probably
of
regarded
as a
family who supported the Maliki
school in Egypt. Later he became a target for
criticism by the Malik! Egyptians. Apart from this criticism, his teaching was most
favourably accepted by his many students. Among the students who took knowledge
of fiqh and its methodology from al-Shfiì in Egypt were Harmala b. Yahy b.
Harmala b. Ìmrn b. Qaraci al-Tujibi (d. 226/840), AN Yaqb Ysuf b. Yahya alBuwayti (d. 231/845), Ab Ibrhim Ismìi b. Yahy b. Àmr b. IshAq al-Muzani (d.
264/877), al-Shfiì's
son, Ab Ùthmn Muhammad b. Muhammad b. Idris (d.
232/846 or 242/856), Ab Muhammad a1-Rabi` b. Sulayman b. Àbd al-Jabbr b.

Kmil al-Murdi (d. 270/883), Àbdalih b. Àbd al-Hakam (d. 210/825) and his son
Muhammad (d. 268/881), and others 91 Almost all of them wrote books based on alShfiì's
views
and they followed
strictly
al-Shfiì's
approach. They
were
responsible for spreading al-Shfiì's teachings to other places. Later these disciples
of al-Shafiì competed successfully with the Malikis for supremacy in Egypt. The
most famous direct disciples of al-Shy ì were al-Buwayti, al-Muzani and al-Raba`
al-Murdi. Al-Shaffi
is reported to have said of them: al-Buwayti is "my tongue"
(Jis,M), al-Muzani is the "one who championed my view" (nir madhhabz) and al-
891bnÀbd al-Barr, Intigs , 67; Heffening, "AI-Shfiì ", 253.

90Chaumont,"Al-Shfi`1 ", 183.
911bnÀbd al-Barr, Intig , 109-107.
36
Rabi` is the "transmitter of my books" (rwiyat kutubr 92 The legal decisions of alShfiì in Egypt became known as al-qawl al jadid
(the new doctrine). This doctrine
was a modification of his qawl al-gadim (old doctrine), which had been developed
before his arrival in Egypt in 198/814. It is worth noting that al-Shafiì's followers
in
Aldecisions
decisions
his
later
few
the
as
right
all
except
cases.
a
regarded
Nawwi says, "every case has two judgements of al-ShAffi: the former and the final;
the final is the correct one, but most of his followers make an exception for twenty
based
With
doctrines,
"93
his
different
two
on differences in reasons, time,
cases.
place and custom, a1-Shfiì provides a positive example to all Muslim scholars to
ijtihd
in
in the contemporary world.
engage
1.7 Date of Death

Four years after he arrived in Egypt, al-Shy ì died at the age of fifty-four in Fustt
Rajab
The
day
204/January
20,820.
Thursday
last
the
governor of
of
night,
on a
Egypt himself led al-Shfiì's funeral prayer, and his body was buried on the Friday
at the foot of al-Muqattam hills in the vault of Ban Àbd al-Hakam 94 The cause of
his early death remains a mystery. 95
1.8 AI-Shfiì's Works

Traditional biographers have attributed many works to al-Shfiì 96 Al-Nawawi, for
fields
His
113
various
of
works
cover
claims
al-Shffi
composed
works.
example,
92Chaumont,art. "Al-Shfiìyya", EP ix, 186.
93A1-NawAwi, Maj nzYfisharh al mubadhdhab, i, 108 (as cited by Azizy, "Ikhtilf ', 374).
Ibn Hajar, Tawali, 171; Heffening, "Al-Shafiì", 253.
95SeeYqut, irshd, 394-5; al-Bayhagi, Managib, ii, 291; Chaumont,"Al-Sh fi`Y", 183.
96Yagrat,kchAd, 396-98; Ibn Hajar, Tawali, 147-57; Ibn al-Nad'un, TheFihrist, i, 517-19;
cf.
Heffening, "AI-Shfiì ", 253; cf. also, Abdullah @ Alwi Hj. Hasan,"Hasil Karya dan Karangan Al-.
Imam Al-Shafi'e", in SeminarPemikiran Islam (Multag al-tikr alIsblmi), 9-11 October 1989, Islamic
Centre Department of Prime Minister of Malaysia and Akademi Islam of the University of Malaya
(Kuala Lumpur, 1989),235-88.
37
Islamic studiesincluding usl al-frgh, figh, tafsir, hadith, ucl a]-din, and others.His
known works are as follows. On usl al-figb, his works are al-Risla, Lima` al- 71m,
Bayn fat'i(1 Allb, 97 $ifat nahy rasl Alh h,98Kitb ibtl al-.istibsn,99 Kitb al; 100Kitb ikhtllfMlik
wa-1-SbArl7,101
and Kitb al-radd `] Muhammad b. al-
Hasan.102On fiqb, his works are Kitb al-mabst fI 1-figh103 also known as alMukhtasar al kabir
104
In the category of ikhtilif
al-Umm.
wa-l-manthr4 and
in
figh, his works are Krtb Ikhtilf al- Ìrgryrn (or m khtalafa P -bi Ab Hanifa waIbn
Abi Layl waAb
Ysu,6,165 Ktb ikhtilf
Àli wa-Abdallh
b. Mas`d, 106Bib
khilaf Ibn Abbas f71-buyfr , 107Bb khilf Zayd b. Thbit B 1-(alq,'8 Bab khildf
Umar b. Abd al- AzIz Pi ùsbar ah1 a!-dhirnma, l and Bib khilf Sa ìd waAbi Bakr
B I-11.1i0 On tafszr (exegesis), his one work is Kitb abkam al-Qur'n. 111On hadlth,
his works include two collections of hadith, namely al-Sunan al-ma'thral12 and alMusnad, "3 and Kitab lkhtilf
ll4
On uyirl al-din, lls his works are alal-adith.
97A-Shdriì, al-Umm, vii, 282-89.

98A-Shhff1, al-Umm, vii, 291-92.
99Al-Shaffi, al-Um n, vii, 293-304.
1OOIbnal-Nadim, al-Fihrist, 296.
1o1Ai-Shdfiì, al-Urnen, vii, 191-243.
102A1-Shì, al-mm, vii, 305-33.
1031bnal-Nadim, alFihrist, 295; seealso Heffening, "Al-Shfiì ", 253;

1()4Al-ShAfiì,al-Umm, ed. Muhammadal-Zuhri al-Najjar, 8 Vols (Cairo, 1961).
105A1-Shfiì,al-Umm, vii, 96-163.
1U6A1-Shfiì,
al-Umm, vii, 163-91.
107A1-Sh5fiì,al-Umrn, vii, 243-44.
1a8A1-Shfiì,al-Umm, vii, 244-45.
109A1-Shfiì,al-Umm, vii, 245-46.
110,
r-Shfiì, al-Umm, vii, 246-69.
1111bnal-Nadim, al-Flhn's4 290; It was collected by Abo Bakr Ahmad b. al-Husayn alBayhagi, Ahkm al-Qur'an li 1-iman al-mu à. am wa-I-mujtahid al-mugaddam Abi Àbdall h
Muhammad b. Idris al-Shirlì, ed. Muhammad ZDhid b. al-Hagan al-Kawthari, 2 vols. (Beirut,
1400/1980).
112A1-Bayhagi,
Mangib, i, 255; Sezgin, GAS, 488.
1131nal-SUM, al-Umm, viii, 332ff; Muhammad Àbid al-Sindi (d. 1257/1841)
arrangedthis
book accordingto the chaptersin the book of 6gh under the title Tartib musnad al-imirn al-mu `Wam
wa1-mujtahid al-mugaddarnAbi Àbd Alh h Mu/iarnmad b. Idris al-ShM raIiya haha ànhu(d. 204),
cd. al-Sayyid YOsuf Àli al-Zawdwi al-Husni and al-Sayyid Izzat aVAhr al-Husayni, 2 vols in 1
(Cairo, 1370/1951).
Agida, 116Usvl al-din wamas'il
38
al-sunna, ll7 al-Figh al-akbr118 Kitb fr tashih a1-
nubuwwa wa-1-radd 'all al-barhima and Kitbfi
1-radd 'all ah1 al-ah w . 19On siyar
(Muslim law of nations), his works are Kitb siyar al-Wgidl'20 and litb
siyar al-
Awz`1.121He also composed many poems, some of which are collected in works
such as Natijat al-afkr f m yu z i14 al-imm al-Sb
ì min al-ash `r, al-Ja whar al-
nail's flash `rMuhammad b. Ides, Mukhtasar min ash `r al-Shdrj `r, Abyt min kalm
al-Sh
Y, Qasida and Diwan al-Shf `.1.122His other writings include Kitb al-sabq
wa-l-ramy, 123WasIya,124Munjt, l-Fa w'id wa-l-hikyt wa-l-akhbr, ijb, Hizb

lima raw hu an Mailk ànNfi` ànIbn Ùmar,125Kitb al-shuns( and Kitb fac1'il
Quraysh.126
In writing up his works, al-ShAiì used at least three methods. Firstly, he
himself would write a work. Secondly, his students would summarise his lectures and
read them back to him for his approval. Thirdly, he would dictate his works to his
he
127
Regarding
the
where
places
composed his works, it is reported that alstudents.
ShaWl wrote them in the three major cities where he stayed, first, Mecca, then
1141nal-Shfiì, al-Urnen,viii, 473ff; also in new edition, al-Shy ì, Ikbtilal al-liadrth, ed. alUstdh MuhammadAbmad Àbd a1-Àziz(Beirut, 1406/1986).
115Chaumontdoubts the attribution of theological works to al-Sheri, see Chaumont, "alMAP! ", 183.
1161twas translatedinto Germanby F. Kern, seeF. Kern, "Ein dogmatischesVermchtnisdes
Imfim ag-gafiì", in MSOS, 2 Abt 13 (1910), 141-45; Sezgin, GAS, 489.
117Sezgin,GAS, 489.
t18Sezgin,GAS, 490; Heffening, "AI-SMIYI", 253; Wensinck, Muslim Creed,264ff.
119 he last two works arementionedby al-Baghddi,seea1-Baghddl,a/Fang baynaal-firaq,
ed. MuhammadMuhy al-Din Àbd al-Hamid (Beirut, 1413/1993),363.
120A1-Shì, al-mm, iv, 260ff.
121A-Shfiì, al-Umm, iv, 333-69.
122Sezgin,GAS, 490; Diwan al-Shafi%
ed. Zuhdi Yakan (Beirut, 1961).
123yaqt,Irsho( 398; Ibn al-Nadim, alFihrisx 296; Ibn Hajar, Tahdhib, ix, 31; Sezgin,
GAS, 490.
124Yaqdt,Irshd, 398; Sezgin, GAS, 490.
125Sezgin,GAS, 490.
1261bn
al-Nadim, al Fihrist, 296; Yqt, hxh d 397.
127A1-Shfiì,al Risla, intro., 9.
THE LIFE OF IMAM AL-SHAFI`1
39
Baghdad, and then Egypt. However, the only surviving works are those that were
written in Egypt. 128
Al-Shfiì's
scholarly life and works have made him one of the most
prominent figures in the history of Islam. In appreciation of his illustrious career and
vast contribution especially to the science of frgh, he was called al-imm al-mujtahid
and al-mujaddid. The title mujaddid (reformer) was given to him by Ahmad b.
1janbal. 129He was also given the honorific names of a1-imam zayn al-fugah , tj alfugah' and sayyid al-fugah : 130 Many scholars, traditional
and modern alike,
believe the emergence of the science of usl al-fgh was due to his intellectual effort.
That is why he is described as the "father" of this science. In the field of the science
of hadi'th, his contribution is highly appreciated and he was called nasir al-fiad7th (the
131
hadith).
Al-Shfiì's
the
champion of
contribution to knowledge is still relevant
foundation
he
is
the
with
credited
of the Shy ì school of figh even
now,
and
even
though he himself did not have any intention to do so. He warned against taglid AlMuzani in his introduction to al-Mukhta$ar says, "I composed this book [Mukhtavarj
doctrine
from
from
the
the implications of his opinions,
of
al-Shaff!
and
as an extract
for the benefit of those who may desire it, even though al-ShAfiÌ himself prohibited
anybody from following him or anybody else... '. 132
In conclusion, this chapter has highlighted
some aspects of al-Shfiì's
intellectual life. To write a full biography of his life would require a more thorough
128A1-Shafiì, al-Risala, intro., 9.

1291bnHanbal regarded al-Shdriì
as the mujaddid (reformer) of the second century and the
caliph Ùmar b. Àbd al-Àziz as the reformer of the first century, see al-Khatib, Trikh, 62: al-Subki,
.
7'abagt, 104.
130A1-Khaiib, Trikh, 56.
131A1-Khatib, Taifkh, 68.
132Pj_Muzani,Kitffb mukhta, ar al-Muzanl, in

al-Umm, viii, 1; cf. Schacht, Origins, 6; also,
Azizy, "Ikhtilf, 376.
40
him
reports
on
research, as many
are scattered throughout Islamic literature. One
problem that a researcher faces is that these reports are not chronologically arranged,
and the exact historical data are also not recorded in detail. Some reports seem to be
contradictory, for example those concerning the place of his birth. The first historian
who mentions al-Shfiì is al-Mas`tidi (d. 345/956). Later biographies are of the
category of mangib, such as those composed by Dwd al-Zahirl (d. 270/884), alSji (d. 307/920) and Ibn Abi Hatim (d. 327/938) and others. There are claims that
mangib are not reliable because many reports they include are mixed up with
legends. 133However, from an Islamic perspective such stories have their own value
and spiritual import, especially regarding the importance of dreams (my*
to a pious
individual. Islam does not separate the spiritual and physical aspects of life, and
probably on this basis, biographers consider such reports worth including in their
biographical works.
133Heffening, "Al-Shafiì, 252; Schacht, "Shfiì's Life", 319;

one example is the legend of
al-Sh ì's birth. It is reported that when al-Shfiì was still in his mother's womb, his mother dreamt
that the planet Jupiter came forth from her womb and proceeded to Egypt, where it fell, but a portion
of its rays reached every city upon earth, al-Khatib, TidM 59; Ibn Khallikan, Wataya4 571
CHAPTER 2
THE CONCEPT OF
ÌLMAL-KHABAR
(KNOWLEDGE BASED ON REPORTS)
Before proceeding, brief definitions of the terms ìlm and khabar are useful at this
point.
2.1 What is Ìlm?

The Arabic word Wm is a verbal noun of the root verb àlima. Literally,
"he knew, and he was acquainted with". 1 The active participle,
àllma means
`Gum'(pl. ùlam ,
`limitn), means someone who knows and the passive participle,
ma ÌGm (pl.
ma `lumt), denotes an object known (or an object of knowledge). In English the

equivalent of 71mis `knowledge'?
The word ìlm has many synonyms. 3 However, the common synonyms are
denote
For
`r
(cognition)
both
`rifa
`rifa
ìrr
(feeling)
shu
al-Zabidi,
ma
and shu
ma
and
.4
'Ibn Manzdr, Lisn, 311;

al-Zabidi, Taj 405; al-Jawhari, al-Sihah, 1990; Lane, Lexicon, 2138.
21n English `knowledge' has the following
meanings: "the fact of knowing a thing, state or a
person" and "intellectual acquaintance with, or perception of, fact or truth". It also means "theoretical
and practical understanding of an art, science, language etc" and "the fact or condition being instructed".
Other meanings of knowledge are "information", "a science" and "a sign, mark and token", see William
Little, H. W. Fowler & Jessie Coulson, The Shorter Oxford English Dictionary, 2 vols., ed. C. T. Onions
(Oxford, 1983), i, 1162.
3A1-Fakhr
al-Rzi, for example, mentions ma `rifa (cognition), shu `sir (feeling), idnik
(perception), tasawwur (idea), hifz (memory), tadhakkur (remembrance), dhikr (recollection), lahm
(understanding), fiqh (comprehension), àq! (reason), dirdya (cognizance), hikma (wisdom), yaqIn
(certainty, ìlm al-yaqin, àyn al yagin and hagq al yagin), dhihn (mind), fikr (thought), bads (intuition),
41
THE CONCEPT OF ÌLMAL-KHAIJAR
42
the literal meaning of ìhn which is an intellectual process. However, al-Zabidi

mentions that some scholars of Arabic disagree with these meanings. For them, 71m is
in the highest position since it is an attribute of God, who is never called `rif
(connoisseur) or shìr(one who feels) -5
.
According to Ibn a1-Manr, `Jim is generally defined as complete

comprehension of a thing or things. Al-Rghib defines Ylm as "perception of a thing in
its reality" (idrku al-shay'i bi hagiqati h) 7 Such definitions of `Jim are broad enough
to include both God's knowledge, which is comprehensive in its scope, and human
knowledge. Ibn Manzfir refers to Um as an attribute of God. God, in the Qur'an, is
described as àlien, `lim and
àllm signifying
Omniscient. '
God is al- `lim
who "knows what has been and what will be; who ever has known, and ever will know,
dhak' (mental acuteness), Etna (intelligence), khlir (impression

of the mind), wahm (delusive
imagination), Vann (conjecture), khayl (imagination), badha (spontaneous intuition), awwaliyt
(axioms), rawiya (deliberation), kiysa (deduction), khibra (knowledge by acquaintance), ray (opinion),
and fitsa (insight), see al-Fakhr al"Rzi, al-Tafsfr al-kabir, 32 parts in 16 (Tehran, n. d), i-ii, 203-208;
Another connotation is ihala (comprehension), see al-Zabidi, Tj, 405; on distinctions in usage between
Ihn and figh, see I. Goldziher, art. "fiqh", EI', ii, 101; as far as the distinction between between ìlm and
ray is concerned, we have Bravmann's statements: " ìlm refers to matters for the settling of which one
has already established "procedures" (or "norms") at one's disposal, while ray is applied to matters the
handling of which requires the establishment of new "procedures" (or "norms"). ", see M. M. Bravmann,
The Spiritual Background of Early Islam: Studies in Ancient Arab Concepts (Leiden, 1972), 184.
4A1-Zabidi, Tj, 405; D. B. Macdonald,

art. "`Jim", in EI', ii, 469.
5Al-Zabidi, Tj, 405;
cf. Macdonald,"Ìlm", 469.
6lbn Manzr, Lis-in, 310f.

7AI-Rghib,
al-Mufradt, 348.
8As far
as the term `lim is concerned, it exclusively refers to God and appears about thirteen
times (Q 6: 73; 9: 94,105; 13: 9; 23: 92; 32: 6; 39: 42; 59: 22; 62: 8; 64: 18; Q 34: 3; 35: 38; 72: 26).
God is described as "àlimu al ghaybi wa-l-shahda" (The Knower of the Unseen and the Visible) and
`limu 'l ghayb (The Knower of the Unseen). The word al- àlim occurs thirty two times and àlima
twenty two times as an attribute of God. The word àlien appears about one hundred and nine times. All
refer to God except in a few places, see Àbd al-B5gi, al-Mu jam al-mufahras Ii-alfz al-Qur'n al-karkn
(Beirut, n.d. ), 469-81.
TIC CONCEPT OF ÌLMAL-KHABAR
43
what has been and what will be; from whom nothing is concealed in the earth nor in the
heaven; whose knowledge comprehends all things, the covert thereof and the overt, the
small thereof and the great, in the most complete manner. "9
A second corollary of the above definition is that only facts, information or
has
that
a person
acquired through experience, learning or being given
understanding
information properly comes into the category of 51m. Ibn Manzr asserts that a man
who is taught by God could be called an àJim (one who possessesthe quality of 71m
from
in
high
degree).
He
the Qur'anic verse in which the
and
a
gives an example
Prophet Joseph says to the King of Egypt, "inni harizun àlimun" (I am a guardian
knowing", Q 12: 55). God has taught him the interpretation of dreams (Q 12: 6). '
Matters acquired using unsound channels of knowledge remain outside of Jim.
A third corollary of the definition of ìlm is that it is the opposite of jahl, that is
to say, 71m is "the disappearance of obscurity from the object known" (zawlu alkhaf'i mina al-ma ` am). 11In the Qur'an, 71mis contrasted with jab] in three verses, (Q
11: 46; 12: 89; 46: 23). Al-RAghib points out that fahl is of three kinds, namely "the
mind's voidness of knowledge, which is the primary meaning; and the believing a thing
to be different from what it is; and the doing a thing in a manner different from that in
`}Ibn Manz r, Lis.
n, 311; al-Zabidi, Tj, 407; trans. is Lane, Lexicon, 2140.

lalbn Manzr, Lisn, 311.
11A1-Jurjni,al-Ta rift,101
THE CONCEPT OF 7LMAL-KHABAR
44
"12
From
definition
it
be
done.
it
jab]
this
to
ought
of
can be deduced that ìlm
which
knowledge
in the mind (2) knowing what a thing is really
(1)
the
of
presence
signifies
like and (3) knowing how to act.
The presence of knowledge in the mind means an object of knowledge has been
imparted into the locus of knowledge (i. e. àql, galb or sadi) to form understanding
(fahm, figh etc) in the mind. So we find philosophers defining 71m as "the occurrence
in the mind of the image of a thing" ((iuslu sirati al-shay'i 111-àql) and "the arrival of
the soul at the meaning of a thing" (wuslu al-nafsi i1 ma `na al-shay ). 13
Knowing what a thing is really like denotes factual knowledge or knowledge of
truth. `Jim is then defined as "the definite and firm belief that conforms to reality" (a1i `tigdu al jazimu al-thbitu al-mutbiqu 1i-l-wgi `j,14"perception of a thing as it really
is" (idrku al-shay'] àll m huwa àlayh), and "a deeply rooted quality in which the
universals and the particulars are perceived" (.cifatun rsikhatun yudraku bi h alkulliyt
15
juz'iyt).
`Jim is also defined as "an attribute that necessitates a
wa-1
discernment that does not leave open the possibility of the opposite (sifatun tjibu
tamyizan l yahtamilu al nagicl).16
12SeeLane, Lexicon, 477.

13A1-Jurjni,
al-Tarift 101; al-Zabidi, Tj, 405; see also S. M. N. AI-Attas, Islam and
Secularism(Kuala Lumpur, 1978), 154.
14A1-Jurjani,
aJ-Ta`rift,101; al-Zabidi, T405.
15A1-Jurjni,al-Ta `rilt, 101.
16A1-Zabidi,Tj, 405.
T14E CONCEPT OF ÌLMAL-KHABAR
45
Knowing how to act means having practical knowledge (`Jim 'amali). This is an
important kind of human knowledge related to human actions. In Islam, practical

knowledge comes under the field of law (shall a, figh, hukm), and al-Shiì's
contribution specifically concernsthis realm of knowledge. Knowledge relatesto:
(i) Human acts relating exclusively to commands of God, namely prayer (calt),
fasting (cawm), alms-giving (zakt), pilgrimage to Mecca (hajj);
(ii) Human acts relating to individual private rights (huqq al- ìbd), such as
marriage,inheritanceetc.
From this brief definition of the word ìlni, the most important question to be
What
human
knowledge?
From
is
how
do
know
the
sources
are
of
anything?
asked
we
the above definitions of knowledge, one can conclude that there are at least three
sources of Jim, namely reason, the sensesand the report of another (kbabar). However,
we will deal only with the last source here, i. e. knowledge based on khabar'7
2.2 What is KhabaP

The word khabar (plural akhbr, akhbf4 is related to the verb khabara which means
"he knew; or had, or possessed,knowledge".18The noun khabar is defined as "news

that comes to you from someone whom you ask" or "what is transmitted from another
'71t is
worth noting that the term khabar is close to the term "testimony" in modem theories of
knowledge. On testimony, see C. A. J. Coady, Testimony. A Philosophical Study (Oxford, 1992) and E.
Sosa, art. "Testimony" in A Companion to Epistemology, ed. J. Dancy and E. Sosa (Oxford, 1992), 503.
381bnManz r, Lisn,
v, 308; AI-Zabidi, Tj, iii, 166; Lane, Lexicon, 695.
THE CONCEPT OF 'ILMAL-KHABAR
46
19
or others". Hence khabarmeans "information; a piece of information; a notification;
intelligence; an announcement; news; tidings; a piece of news; an account; a narration,
Closely
khabar,
is
to
related
a simple substantive khubrwhich is
a
story"20
or narrative;
derived from the verb khabura (to know). According to Ibn Man? r, the expression
"khaburtu bi-l-am? ' (I knew an affair or case) conveys the meaning of " àlimtu hu". So
khubrdenotes knowledge of a thing (al-71m bi-1-shay'i). 21Al-Rghib, however, defines
it as knowledge of the things known by means of a report (al-71M bi-l-ashya' al22
`lma
jrhat
khabar)
Here it is already clear that kbabaris one of the sources
ma
min
al
of ì1m.
The synonyms of khabar are naba' and hadith.? Regarding nabs', however, alRghib disagrees with the view that it is synonymous with khabar. According to him,
both terms have different meanings in which naba' relates to "a thing of great
importance" and khabar only signifies "what is related from another or others", which
"may be true or false"? '} This may refer to the usage of the Qur'an. There is a Am in
the Qur'an named al-naba : In this sra, God says, "Of what do they question one
another? Of the mighty tiding (al-naba' al- azim)" (Q 78: 1-2). This may refer to the
Qur'an itself, or the resurrection. Naba' also refers to news brought by the Prophets. For
19A1-Zabidi, T, iii, 166;

cf. Lane, Lexicon, 696.
20Lane, Lexicon, 696
21Ibn Manzir, Lisan,
v, 308; al-Finizbdhi, al-Qamus al-nruh! t (Cairo, n. d), ii, 18.
ZzAl-Raghib,
ai Mufradt, 141.
Ibn Manzr, Lisn, v, 308; al-Zabidi, Tj, iii, 166.

24A1-Zabidi,Tj 166; Lane, Lexicon, 696.
THE CONCEPT OF ÌLMAL-KHABAR
47
"Has
God
there not come to you the tidings of those who were before
says,
example,
you - the people of Noah, Àd, Thamd, the people of Abraham, the men of Midian and
the subverted cities? " (Q 9: 70). However, naba' is also used in the Qur'an to convey
the same meaning as khabar. God says, "0 believers, if an ungodly man [fsiq] comes
to you with a tiding Inaba 1, make clear, lest you afflict a people unwittingly, and then
repent of what you have done" (Q 49: 6).
The word khabar and its plural akhbr both occur in the Qur'an. 25 The word
khabar in its literal meaning occurs in the story of the Prophet Moses when God says
"Remember when Moses said unto his household:I observe a fire, and will bring you
news of it ('Vanl nastunz o sa'tikum min h bi khabarid') (Q 27: 7).
As far as the word hadith is concerned, it has two meanings. Firstly, jadith as an
adjective means "new
or recent", the opposite of gadim. Secondly, had th is
synonymous with khabar. Its use in the expression "sami `tu hadithan hasanan (I heard a
good story or narration, etc) clearly shows the meaning of hadilh as khabar.
Technically, the word khabarhas different meanings in different fields of study.
We find that khabar is used in Arabic grammar, man(iq (logic), kalm (theology),
hadith and ucl al-figh as follows: 26
The word khabar occurs twice in the Qur'an (Q 27: 7; 28: 29) and the word akhbr occurs
thrice (Q 9: 94; 47: 31; 99: 4).
26Seeal-Tahnawi,Kashshhf,i, 410-13.
TIE CONCEPT OF ÌLMAL-KHABAR
48
i. Khabar in Arabic grammar. In grammar, the word khabar indicates the
For
in
"Zaydun
karimun"
example,
clause.
a
nominal
phrase
a
nominal
of
predicate
(Zayd is noble), Zayd, the first term, is the mubtada' (inchoactive) and karim, the
7
The
=khabar
is
in
is
khabar
(enunciative)?
its
the
the
term
mubtada
used
second,
formation of the nominal phrase in Arabic language.
ii. Khabar in mantiq. Ah] al-mantiq (logicians) use kbabar to refer to a statement
which may be true or false. The term is the counterpart of insh' (the interrogative, the
28
discourses).
imperative
the
the
optative and
vocative,
iii. Khabarin kalam. The mutakallimtin discuss khabaras a part of their theory of
knowledge. For example, al-Mturidi
(d. 333/944), in his Kitb al-tawhid, mentions
three means of acquiring knowledge, namely (1) ìyn (use of the senses); (2) khabar (a
report); and (3) nazar (speculative thinking)29 Al-Mturidi
divides khabar into three
kinds: (1) the divine; (2) the prophetic; and (3) the general or historic. From the general
report we gain knowledge of our own names, of our parents, of things, countries and
history. The divine report which is revelation, is recognised as conveying absolute
truth. Al-Mturidi
also credits the prophetic report with
the highest degree of
27SeeH. Fleish,
art. "Khabar", Eli, iv, 895f.
28See for
example, al-Ghazll, Mi yr al-71m fr 1manriq, ed. Ahmad Shams al-Din (Beirut,
1990), 81; see also R. Arnaldez, art. "Mantilc", EF, vi, 442-52.
29Al-Mturid1, Ki19b
al-taw41iid,ed. F. Khulayf (Alexandria, n.d. ), 7-11; He was among the first
Sunni mutakal imn who made a serious attempt to define a systematic theory of Islamic theological
knowledge, see J. Schacht, "New Sources for the History of Muhammadan Theology", in Sl, 1 (1953),
41; M. Ceri, Roots of Synthetic Theology in Islam: A Study of the Theology ofAbn Man,9r2ral-Mturidl
(d. 3331944) (Kuala Lumpur, 1995), 74. Al-Bgillani adopts this division in his Tamhid fl 1-radd 'aid a!
-
THE CONCEPT OF 'ILMAL-KHABAR
49
truthfulness. This is because there is clear evidence of the Prophets' truthfulness, and
because they were supported with clear and miraculous signs. What is problematic
about the prophetic report, however, is the transmission of report from the Prophet by
others. The reports of others are liable to error and untruthfulness. "For
(the
transmitters) do not possess the proof of their truthfulness nor do they have the
demonstrative proof of their infallibility".
30 Accordingly,
such reports should be
scrutinised. However, if the concerned report which is related from the Prophet turns
out to be transmitted by those whose reliability are undoubtedly proved, the report they
transmit has the status of khabar mutawtir and must be considered to impart true
knowledge. But if individuals whose reliability
is not verified. have transmitted the
it
is
it
before
be
further
must
rejected or accepted. If such a report is
examined
report,
it
be
the
senses,
with
or
must
either
reason
accepted as imparting true
compatible
knowledge.
In sum, al-Mturidi
khabarghayrmutawtir.
subdivides the prophetic report into khabar mutawt, r and

He accepts the former as certain since no possibility of error or
untruthfulness exists. As far as khabarghayrmutawtiris
concerned, one should act in
it
be
its
though
with
absolutely
authenticity.
even
one
cannot
certain
about
accordance
However, al-Mturidi reduces the importance of both the senses and reports as sources
mulhida wa-l-muàg la wa-l-r da waI khawadj wa-1-mu`tazila,ed. M. M. al-Khudri and M. A. H. Abd

Ridah (n.p, n.d), 36-37.
30A1-Mturidi,Kitdb al-Tawi d, 8; CeriZ, Roots Synthetic Theologyin Islam, 95.
of
THE CONCEPT OF ÌLMAL KHABAR
50
by
(nazar)
knowledge
they
that
to confirm their reliability.
need
reason
saying
of
Reasonsetsthe limits of the sensesand also verifies the truthfulnessof a report.

iv. Khabar in hadith and ucl al-fiqb. Scholars of hadith and usl al-iqh refer to
keabar as hadith. 31Hadith is defined as whatever is attributed to the Prophet by way of
32
a saying, action, or silent endorsement. The term khabar is more general than hadith.
Khabar is applied to any sort of report, either about the Prophet or others, but hadith
Therefore,
Prophet.
hadith
is a khabar, but not
denotes
the
every
a
about
report
only
33
khabaris
hadith.
a
every
It worth noting that each hafiith or khabar consist of two parts, namely its sanad
indicating
how the content has been
isnd
(pl.
literally
and
meaning support,
asnld,
or
transmitted) and its matn (content). The sanad is the whole chain of transmitters from
"its originator to its last transmitter, who have handed down the particular tradition and
4
The
is
based".
its
math is the text which comprises
whose
authority
authenticity
on
the actual wording of the hadith by which the subject matter is known. 35
The muhaddithn have divided khabar into several categories most of which
isnad
The
follows:
defined
the
are
as
concern
categories
31M-Zabidi, Tj, 167;

al-Tahnawi,Kashshaf,i, 410,413.
32M. Salih b. Ùthaymin, Mus(ala#t hadith (Riyd, 1984),7.
al
33Subhi al-Slib, UMIV
Mann`
1959),
10;
(Beirut,
a1-Qalqn,
al-jiadith wamustalahu-h
MthBhith fi ùli1mal-hadith (Cairo, 1987), 9.
3 See
a1-Suyli, Tadrlb al-rwf fi' shard tagrib al-Nawwi, ed. Àbd al-Wahhb Àbd al-Latif
(Medina, 1972), 41-2; Goldziher. Muslim Studies,ii, 19.
35A1-Suyti,Tadrib al-raw), 42.
THE CONCEPT OF ÌLMAL-KIIABAR
(i)
51
According to the reference to a particular authority, for example,
the Prophet, a Companion, or a successor; a fiadilh is called marfd

(elevated), if the isnd of the hadith goes back to the Prophet though it
might be broken somewhere, ma wgdf (stopped), if the isnd of the hadrfh
Companion
`(severed),
if
isnd
back
the
to
only,
of the
and
a
magt
goes
hadith going back to a successor only;
(ii)
According to the links in the isnd, i. e. whether the chain of
reporters is interrupted or uninterrupted;
a hadith is called musnad
(supported), if its isnd is uninterrupted and goes back to the Prophet,

muttasil (continuous), if its isnd is unbroken, mungati ` (broken), if its
isnjd has a single link missing somewhere in the middle, in one place or
more, mu àllaq (hanging or suspended), if its lsnd lacks one or more
authorities from the beginning, mu `dal (perplexing), if its isnd lacks two
continuous links in one or more than one places, and mursal (hurried), if
its isnd omits the name of a Companion, i. e. a successor relates directly
from the Prophet without quoting a Companion as an immediate authority;
(iii)
According to the numbers of reporters in each stage of the isnd,
a hadith is called mutawtir (consecutive or concurrent), if it is related by

many people in a way that precludes the possibility of their colluding to
create a lie. Akhbr al-hd (reports from isolated individuals) are reports
by a single person or two persons from the Prophet which do not fulfil the
requirements of the category of mutawtii There are two sub-divisions of
52
mutawtir, firstly mutawtir bi-l-laf, - (the texts are identical in wording);

and secondly, mutawtir bi-l-ma`n (the texts are identical in meaning
36
The category of Ofid is generally sub-divided into three, namely
only)
mashhr (well-known), a report which was originally transmitted by one
or two or more Companions from
the Prophet or from
another
Companion, but which later became well-known and was transmitted by

an unlimited number of people, àziz (strong), a report transmitted by at
least two reliable transmitters in any generation, but not as widely
disseminated as the first, and gharlb (scarce or strange), a report with a
single transmitter either throughout its isnd, after the Companion, or at
any stage. A khabar al-bd may also be termed khabar a1-wiid, khabar
37
d
khabar
al-infin
al-khssa.
and
(iv)
According to the manner in which the hadith has been reported,
such as using the word àn (on the authority of), haddathan (he narrated
to us), akhbatana (he informed us) or sami `tu (I heard). In this category
also, there are reports termed mudallas (concealed), if they have a
concealed defect in the lsnd and musalsal (uniformly linked), if their
transmitters have a similar background or did similar things while
narrating.
36'Uthaymin,MuMlah, 8; Kamali, Principles, 70; Wensinek, "Mutawatir", 781.
(v)
53
According to the nature of the text and isnd. In this category, a
hadith can be zlydat thiqa (an addition by a reliable reporter), shdhdh

(irregular), if it is reported by a reliable person but is at variance with a
more reliable report, munkar (unrecognised), if it contains a vulgar
expression, unreasonable remark or obviously erroneous statement in
which case it is rejected without consideration of the isnd and mudraj
(interpolated), if an expression or statement is proved to be an addition to
the text by a reporter.
(vi)
According to hidden defects found in the Isndd or text of a
hadit7,, such ahdith are called mu à11a1(defective),and are of two types,

namely maglb (overturned or transposed), if a report is attributed to
someone other than the real authority in order to make it an acceptable
report, or when two reports have the lsnd of one with the math of the
other, and mudtadb (incongruous or shaky), if a report in has two people
or more disagreeing with one another in their version of the report.
(vii)
According to the reliability
and memory of the reporters. The
nature of the reporters in the isnd may qualify a hadith as salill, (sound or
authentic), if the report has an uninterrupted isnd, is not irregular
(shdhdh), and does not have any hidden defect such as a trustworthy
37See
al-Shdfiì, Jimaà! -`11m,46; seealso a1-Khatib, Usiil al-hadith, 302f; Juynboll, "Khabar alwi}hid", 896.
54
scholar's attributing a companion's report to the Prophet, , asan(good), if

its isnd is not totally complete or there is disagreement on the reliability
of its authorities, and da ìf (weak), if there are serious defects in the
narrator, and mawcl' (fabricated or fictitious),
if it is a false report
38
Prophet
to
the
attributed
The above classification of reports is a part of ìlm al hadith (the science of
hadith). Its rules provided a method of criticism to check and eliminate false reports.
In this process of criticism, there are two basic assumptions held by muhaddithirn,
is
(1)
best measured by the reliability
the
authenticity
of
a
report
namely
of its
transmitters, and (2) by scrutinising both individual transmitters and the continuity of
chains of transmission, both authentic and spurious reports can be identified.
The focus of the science of usirl al-fiqh is on the legal importance of both
mutawtir and hd reports. All the important Sunni fugah' recognise mutawtir
reports as the second source of Islamic
law after the Qur'an. There is some
disagreement about khabar al-wahid Some scholars, for example Ibn Hazm, treated it
39
having
However, most Muslim scholars held
the
same value as a mutawtirreport.
as
that it only imparts probable knowledge. But since khabar al-whid does convey at least
38Suhaib Hasan, An Introduction

to the Science of Hadith (London, 1994), 7ff; Robson, art.
"Hadith", EI, iii, 25-27; for detailed discussion see Ibn al-$alh, Ùlnm al-hadith, ed. Nfir al-Din Àfar
(Damascus, 1984), al-Suyli, Tadrib al-raw! and al-QastallSnI, Irshdd al-sari li-sharp sahib al-Bukhati
(Beirut, n.d), i, 7-19.
391bnHazm,
i, 119-23.
al-Ihkarrm,
THE CONCEPT OF 'ffMAL-KHABAR
55
is
bound
beleiver
by
it
every
and obligated to practise what it lays
probability,
a
down 40
2.3 What-is Ìlm al khabaf?

Khabar, as already said, is a source of human knowledge along with the senses and
41
reason These sources provide the answer to the question "how do we know? " One
it
"I
"someone
to
told
say
respectively
me",
saw it", and "it derives from this".
can
Khabar as a matter of fact is the most important source of our knowledge of anything
beyond our own experience. We only know, for example, our birthday, our parents, of
foreign countries, of the existence of the Prophets and much else through the medium
of khabar. We cannot attain knowledge of these above matters through the senses or
reason. Such knowledge gained from the reports of other is called 51mal-khabar.
The Qur'an itself is a khabar from the Prophet Muhammad comprising
revelation which he received from God. With the death of the Prophet, reliance on
khabar as a source of knowledge became inevitable as his followers transmitted his
teaching to later generations. We have a hadith attributed to the Prophet: "The learned
(ùlam)
are the heirs. of the prophets. The prophets bequeathed neither dinar nor
dirham but rather knowledge; so he who receives it, obtains an abundant portion. "4'
Though the exact number of the Prophet's Companions cannot be determined, it has
40A1-Khafib, Usl hadith, 302.

al
41See
above, 47.
56
43
into
These Companionstransmitted
thousands
been estimatedthat their number ran
Later
Prophet
their
to
the
successors.
generations of ulam' are
the teachings of
fortunate to have at their disposal not only the Qur'an but alos the vast collection of the
Prophet
have
These
the
hadith.
teachings
a chain of transmission going
of
prophetic
back from one narrator to another until it reaches the Prophet.
Since khabar means "speech (kalm) that may be true or false"44, the question
What
71m
(knowledge).
is
khabar
of
as
a
source
reliable
arises whether a particular
is
khabar
the
believing
in
justified
the
truth
and
what
source, or nature of
a
of
makes us
that justification? Is it grounded on sensory experience or is it grounded on reason and
justification.
for
Is
there
ground
any another
understanding alone?
In other words, the
knowledge
is
how
to
khabar
important
to
source
of
a
as
question relating
most
distinguish truth from falsehood.
To seek answers to these questions of how to deal with kbabar, the Qur'anic
Qur'anic
important
Perhaps
first
instance.
be
in
the
to
the
most
referred
viewpoint will
If
believers,
"0
God's_command,
is
in
dealing
an ungodly
with reports
verse respect of
lest
1,
Inaba
[
tiding
to
clear,
you afflict a people
make
comes
you
with
a
siq]
man
Kathir
6).
Ibn
that
done"
(Q
49:
have
argues
then
repent of what you
unwittingly, and
it
to
the
though
this
can also
person,
report of a sinful
verse refers specifically
even
42Abd Dwid, Sunan, ii, 285; trans. is taken from D. Waines, An Introduction to Islam
(Cambridge, 1995), 39.
43M. Z. Siddiqi, Hadith Literature: Its Origins, Development & Special Features,
ed. and revised
by Abdal Hakim Murad (Cambridge, 1993), 14.
57
45
know
by
little
In either case the report
to
a person about whom we
a report
refer
indicates
Qur'an
basic
The
be
some
methods of verification. One is to
verified.
should
in
Prophet
to
those
to
the
the
or
authority (Q 4: 83). With the Prophet no
matter
refer
longer alive, reference should be made to the learned authorities acquainted with the
methods
degrees
Other
the
truth
with
varying
ascertaining
of
certainty.
of
appropriate
46
include:
(1)
documentation
determining
(Q 2: 282); (2)
the
truth
a
report
of
of
means
testimony (Q 2: 180,282; 24: 4); and (3) the use of reasoning (Q 49: 6). No report is to
be accepted unless its reporters are demonstrably reliable persons47
The reliability of the text of the Qur'an is beyond doubt becausethe entire text
has come down through continuous and widespread transmission (tawatur). The
problem is with the Sunna of the Prophet because it has been transmitted in large part in
the form of khabar al-Add. Only a small portion has been transmitted in the form of
khabarmutawtir.
Thus, the importance of the work of al-Shf ! is evident, shedding
light upon this major problem 48
2.4 The Debate on Ìlm al-khabar

Al-Shyì
in his Jima` al-Wm identifies two schools opposedto his view of khabar.
They are ahl alkalm (the scholars of 71malkalam) and ahl al-fiqh (the scholars of
44AI-Jurjni,
al-Ta`rifJ4 101; al-Zabidi, Tj, 166.
45Ibn Kathir, Tafsir, iv, 208.
46S.al-Seini, "The Islamic Concept News", in AJISS, 3: 2 (1986), 281-87.
of
47Siddigi,Hadith, 107.
48See Chapter 4.
THE CONCEPT OF YLMAL-KHABAR
58
71m al figh, the fugah ). 49It is necessary to define precisely what points of difference
were raised by these scholars with regard to this debate.
2.5 The View of AN al kalm on Khabar

Those involved
in the field
of
71m al kalm
are known
as ahl al-kalm or
50
from
disputes
Ah]
emerged
over matters of religious belief
alkalm
mutakallimiin.
Islam
is
its
fundamental
beliefs.
the
their
religion
of
with
and
ultimate
concern
and
Their early intellectual efforts were aimed at defending Islam and its beliefs against the
attacks of heretics. They are divided into several different sects (firaq), namely the
Mu`tazila, the Khawrij, the Murji'a,
the Shia and the Btiniya. 51 Ibn Qutayba also
includes the Qaìds, the Qadariya, the Mufawwids and the Rfida among ahl al kalam. 52
The Mu'tazila are generally regarded as the founders of the discipline of kalm. 53When
believe
he
Mu'tazila
the
to
means
refers
al-ShfiÌ
as ahl al-kaldm, many scholars
54
The Mu'tazila flourished during the ninth century and their cause was
specifically
figures
The
leading
by
Abbasid
the
of the
championed
zealously
caliph al-Ma'mn.
Mu'tazila
during the first half of the ninth century were Bishr b. al-Mu`tamir
(d.
49Seebelow, Chapter5.
500n 7hn kalam,
al
see L. Gardet, art. "91m al-kalm", in El, iii, 1141-50; Among the first
theologiansare Ma`bad al-Juhani(d. 80/699), Ghaylan b. Muslim al-Dimashqi (d. before 1261743),Wsil
b. 'Aid' (d. 131/748)and Àmr b. Ùbayd (d. 1451762),seeFakhry, A HistoryofIslamic Philosophy, 42.
51See
al.-Shahrastni, al Milal wa-1nihal, ed. Ahmad Fahmi Muhammad (Beirut, 1948), vol. I.
521bnQutayba, Ta'wil, 10-17.
53This
was a religious movement founded at Basra, in the first half of the 2nd/8th century by
Wsil b. Àtd' (d. 131/748), see D. Gimaret, art. "Mu`tazila", in E!, vii, 783-93.
54AN Zahra,
155; al-Khudari, Tarikh, 155-57; Schacht, Origins, 41,128,259;
al-Shi,
Hasan, Early Development, 125; Ali, AI-Shdrz ì's Contribution, 41-43.
59
210/825), Thumma b. Ashras (d. 213/828), al-Na7zm (d. 220/835 or 231/845), Ab

Hudhayl a1-Àllf (d. 227/841 or 235/849) and al-Jliiz (d. 255/868). 55 By the time of
the Caliph Hrn al Rashid, the Mu`tazilis, under the leadership of Abii Hudhayl and
Bishr b. al-Mu`tamir, were formed the schools of Basra and Baghdad respectively.
Among the Mu`tazilis who disputed with a1-Shfiì were llaff
56
b.
Sufydn
al-Fard,
Sakhtn,57Ibn Ùlayya58 and Bishr b. al-Ghiyth al-Marisi 59

According to al-Shahrastni, the Mu`tazila were the proponents of divine justice
and unity (ashb al-ad] wa1-tawhid). In theology, they believed in five basic principles
(al-us(d al khamsa) which became their distinctive characteristics, namely the unity of
God (tawhid), justice (adJ, an intermediate position (manila
the promise and the threat (al-wad
bayn al-manzilatayn),
wa-l-wa `[d), and commanding the right and
forbidding the wrong (al-amr bi 1-ma nif wa-l-naht' ànal-munkar) 60

As far as the sources of knowledge are concerned, it has been mentioned earlier
that the Mu`tazila regarded reason as the primary source. 1 For the Mu'tazila,
all
knowledge and all obligations come through reason. Reason discerns what is good and
what is evil. In other words, man is obliged by reason to know good and evil; he is
55SeeIbn Qutayba, Ta'wtl, 26.
56Ibn Abi Htim, Adab, 182,

n. 2,192-94; see also W. M. Watt, The Formative Period of
Islamic Thought(Edinburgh, 1973), 202-03
57Ibn Abi Htim, Adb, 167-69;
see also Watt, Formative Period, 203.
581bn Abi Htim, Adb, 186,
n. 5; al-Bayhaqi, Mangib, i, 457; see also All,
Contribution, 132-36.
591bnAbi Htim, Adb, 175,
n. 1; al-Bayhagi, Managib, i, 463-64.
60A1_Shahrast5ni, Milal, i, 57.
al
al-Sb ,07's
THE CONCEPT OF ÌLMAI. -KHABAR
60
likewise under an obligation to do what is good and avoid evil. The Mu`tazila prefer
2
Qur'an,
In
the
to
they
to
according
generally
al-Ashàri,
studying
revelation.
reason
interpreted its teachings according to their own opinion without referring to what has
64
63
In contrast, the Sunnis held that all
been transmitted from the Prophet (i. e. hadith)
known
knowledge
through revelation.
and
of
good
evil
are
all
well
as
obligations as
When the Mu`tazila were involved in discussion of the law (fiqh), they used their
65
speculative method. They tried to philosophise and rationalise every religious precept.
However, their attempts to rationalise religious precepts had been ruled out by many
fugah , including Imam Mlik and al-Shfi`3P
According to Ibn Qutayba (d. 276/889), ahl al kalm attackedthe acceptanceof

hadith by ahl al-hadith and they opposed ahl al-hadith because the latter claimed that
the knowledge of law could be deduced from the hadith of the Prophet 67 For ahl alkalrn, many ahdith were unreliable and some contradicted the Qur'an and reason.
Ah] al-kalm believed that ahl al-hadith were involved in error, lies and contradiction
in transmitting hadith. A1-Nazzm claimed that both Ab Hurayra and Ibn Mas`d lied
in transmitting reports from the Prophet. For al-Na7gdm, some ahdith reported were
61See
above, 28.
62A1-Shahrastani,
al-Milal, i, 56-7.
63A1-Ashàri, lbana àn
al
uydl al-diyana(Medina, 1405H),46-51.
64This
group are those who refrain from deviating from dogma and practice, see art. "Sunna",
EI', iv, 555.
65SeeIbn Qutayba, Ta'wil

Àbd
Muhammad
hadith,
al-Rahim (Beirut, 1995),
ed.
mukhtalaf al
24-25; Rosenthal,Knowledge,233.
66See,Fakhry, A History of IslamicPhllosophy, 63; Ibn Abi Htim, Adb, 182-89.
THE CONCEPT OP ÌLMAL-KILOBAR
61
incompatible with a rational understandingof God's justice and of Islam in general."'

These were among the reasonswhy they did not accept khabar of the Prophet as a
sourceof knowledge.
At a more detailed level, ahl al-kalam questioned the assumption of jurists and
6
khabar
khabar
`mma
Althe
truth
of narration of
mutawtir or
others regarding
a],
.I
Shf i and his fellow jurists maintained that a mutawtlrreport
was a source of certain
knowledge, termed Um a]- `mma, which is not susceptible to error and is beyond
dispute. Al-Nazzm, 7 however, held that it did not impose certainty by itself but only
together with external evidence. He argued strongly against the method of gaining
knowledge through mutawtirreport
"
"they
falsely".
He asserted that
may occur
since
a khabar mutawtir conveys no proof since it might be false in its origin. As an

example, he mentioned the report of the crucifixion of the Prophet Jesus. Even though
this report is mutawtir, it is known to be false from the Qur'an in which it is
mentioned that the Prophet Jesus was not really crucified (Q 4: 157). Al-Nazz.m also
argues that if each of several persons was individually
capable of lying, their mere
coming together would not make them more reliable.
671bnQutayba, Ta'wil, 10-56.

681bnQutayba, Ta'wil, 32,35-42.
69A1-Baghddi, Farq bays
al
aJ-firaq, 143; al-Khayy5t, al Intisr wa-l-radd à1Ibn al Rwandi
(Cairo, n. d), 95; Khalidi, Arabic Historical Thought 139.
70SeeJ.
van Ess, art. "al-Nazzm", EF, vii, 1057.
71A1-Baghddi, Usl
al-din, 11; al-Baghddi, al-Fang bays al firaq, 143; al-Khayyl, al-lntisr,
95; Khalidi, Arabic Historical Thought, 140.
62
However, according to al-Basri, al-NaZzm believed that khabar al-whid can

impart knowledge if it is accompanied by other evidence? 2 An example of this is a
If
is
died.
has
there
that
a crowd at his door, the sound of weeping is
someone
report
heard, and a bier appears, this imposes certainty. Thus, al-NaZ7,m does not reject
khabar per se. For him, khabar al-wi, id may well be true, whereas a khabar meta wtir
may equally be false if external evidence proves it to be so. Al-Na7,7,m takes a rational
approach by requiring external evidence to support a khabar. The later Mu`tazili, Ab
Àli
al-Jubb'i
(d. 303/915), admits the reliability
of khabar al-whid
if it is
accompanied by a witness, who is upright in character, and confirms the truth of that
kbabar.73
Ab Hudhayl formulates another view. According to him, a proof cannot be
established about something in the past except with the testimony of twenty witnesses,
of whom one or more must belong to the people of Paradise (ahl al janna). By ahl aljanna, he means only those who profess the Mu`tazilis' basic principles. He describes
these people as the friends of God who never lie or commit grave sins. These people of
Paradise are the proof, not the mutawatirreports. 4
In conclusion, it is clear that the Mu`tazila did not deny altogether the
importance of Ithabar. What troubled them was the reliability of khabar in transmitting
72Ab
al-Husayn Muhammad b. Àli b. al-Tayyib al-Basri, Kitb al mu`tamad ft usid al-figh,
ed. M. Hamidull. h et al (Damascus,1965), ii, 566; cf. al-Baghddi,al-Farq, 143.
73A. Lubba Husayn, "Mawgif
al-Mu `tazilamin al-sunna", in al-Mu `tazila bayna al-fikr wa-'Iàmal,ed. Àli al-Shayi et. al. (Tunis, 1972), 113.
74A1-Shahrastni,
al-Milal, 71.
THE CONCEPT OF 'JLMAL-KHABAR
63
the Sunna of the Prophet. In response to this problem, they held that if kbabar is to be
admitted as a source of 'Mn, its acceptance must be based on the Qur'an and reason.
2.6 The Views of Ah] al-figh on Khabar

AN al-figh are represented by the two schools of the Hanafis and Mlikis. They are
identified as the "followers
of the ancient schools of law, who prefer the `living
tradition' of the school to individual traditions from the Prophet" 75

2.6.1 The Views of Ab Hanifa and his School
The llanfis'
approach to knowledge
relies on the use of general principles
(gawdlid
kulliyfi6. 76 They use general (`mm) wording in the text of the Qur'an to derive these
general principles. If a command or prohibition is expressed with a general term, the
rule must apply to all the categories that could possibly be covered by the general
principle. A general principle in its application is definitive (qa(`)). This means that the
general principle cannot be restricted by an evidence that has a weak application, that is
which is only probable (.-ani))
The IIanafis hold that khabar al-w(iid is only ever
probable evidence, and cannot restrict the general wording of the Qur'an which is
definitive both in its transmission and evidential strength?? A well-known case is that
of a dog's licking a water utensil. It is reported in a hadith that the utensil should be
78
by
it
Al-Shy
times
washing seven
purified
ì takes this hadith literally. Ab Hanifa,
76See
al-Jass, al Fusril fi I-usl, ed. À. Jsim al-Nashami(Kuwait, 1985),i, 40-45; A. Khan
Nyazee, Theoriesof Islamic Law., TheMethodology offjtihd (Islamabad,1994), 148.
77A1-Jasss,
al-Fusl, 155; al-Sarakhs3,UsiJ al-Sarakhsi,ed. Ab al-Waf a1-Afghni(Beirut,
n.d), i, 112-13.
78SeeMalik,
al-Muwatta , 37 (Arabic text), trans., 13.
64
however, did not deem a particular number of washings to be a necessary condition for
the purification of the utensil, as this is opposed, in his view, by giyas arising from the
is
things,
unclean
washing
which
simply, the removal of dirt.
general principle of
Furthermore, Ab Hurayra, the narrator of this hadith, did not act in accordance to his
Hanafis
By
the
principle,
a
general
appear to have ignored or rejected
applying
report.
be
be
However,
hadith.
the
this
case,
will
may
not
as
shown later.
an authentic
For the l:lanafis, the secure basis of the legal system consisted of only those
ahdith which are mutawtir and mashhr (widespread). As far as khabar al-whid was
concerned, it had to judged against this secure basis in addition to being subjected to
khabar
This
because
transmission
tests.
the
of
al-whid could not
of
was
mode
other
convey certainty. One of these tests was that the narrator's action must not contradict
his report. If the transmitter had adopted a different practice from the one which he
Hanifa
by
Ab
his
hadrth,
the above example of
as
shown
would
on
narrated,
not rely
the utensil licked by a dog. The Hanaus further required that the point of khabar alwhid should not be contrary to ùmrim al-balw (matters of general necessity which all
Muslims must know). The Hanafis, for example, did not accept the hadith that
"Anyone who touches his sexual organ must make a fresh ablution" 79 They explain
that if this hadith been binding, it would have become an established practice among all
Muslims, however, this is not the case. The Hanafis also maintained that if the narrator
khabar
is
al-whid
not a fagih, his report is acceptable only if it agrees with giys,
of
otherwise giyas is preferable. However, if a faqih has transmitted the report, the report
791bnRushd, Bidayat
almujtahid wa-nihyat al mugtacid, 4 voll (Cairo, 1981), i, 39; Imam
Malik, AI-Muwatta, 15-16.
TIE CONCEPT OF 7LMAL KHABAR
65
is given preference over giys In other words, priority is given to khabar al-wahid
fagih
khabar
i.
by
by
is
transmitted
transmitted
a
over
al-whid
others,
e.
which
for
hadith
The
Hanafis
the
example,
rejected,
of musarrt (animals whose
muhaddithan.
impress
buyer).
In this hadith, it is reported
in
is
to
their
as
udders
so
a
confined
milk
that anyone who buys a musarra has the choice for three days after having milked it
80
it
(a
Hanafis
dates.
The
keep
it,
to
to
measure
a
s'
of
volume)
with
of
or
return
either
dates
in
hadith
is
be
the
to
that
this
giys,
as
s'
value
of
may
not
contrary
equal
argued
to the amount of milk the buyer has consumed. The Hanafis also maintained that
khabaral-wbid must not contradict the practice of the Companions 1
2.6.2 The Views of Malik on Kbabar al-wbid
Imam Malik's views on hadith can be examined in his Muwatta . There we find that
Malik does not consistently give priority to haditb in determining detailed legal issues,
although he generally begins each legal topic with a Ihadth from the Prophet. This
hadith.
Malik
had
different
from
that
concerning
prophetic
al-Shaffi
a
view
suggests
Malik exercises great caution towards accepting khabar in general and especially
towards examples of khabar a]-waft id that have irregular or unusual meanings and
implications. For example, under the title "Fasting when junub in the morning during
Ramadan", it is reported that Ab Hurayra said "If some one begins the morning junub,
he has broken the fast that day". But after À'isha and Umm Salama had confirmed that
go One
s' is equivalent to four mudds (a mudd is a measure of volume approximating to a

double-handed scoop) of dates.
81SeeKamali, Principles, 74-76; Abn Zahra, Abd U "a, 277-98; Umar F. Abd-Allh, Mali k's
Concept of "Aural" in the Light of Maliki Legal Theory, 2 vols., unpublished Ph. D thesis, The
University of Chicago (1978), ii, 762-64; Àli, al-Shafrì's Contribution, 79-80.
66
this was not true, and that the Prophet used to get up in the morning junub from
intercourse, and would then fast for that day, Ab Hurayra was asked about what he had
don't
know
He
"I
anything about it. I was just told that by some one."82
replied,
said.
This answer shows how complete reliance on a report is not justifiable. The report may
need another criterion to show whether it is true. This is the view of Malik towards
khabar in general. He takes a cautious approach in order not to commit the same error
as Ab Hurayra.
Recent scholars have argued that Malik's criterion for determining the correct
judgement on a legal issue is the live context of the àural (practice) of the people of
Medina, and not hadith. 83 Malik saw Medinan àural as the authoritative source of
knowledge. He said in a letter to al-Layth b. Sa`d: "... So if there is something which is
84
in
Medina,
I
it
t'.
that
the
clearly acted upon
am not of
opinion
anyone may go against
For Malik, all people should follow the people of Medina. The reason is that they had
direct experience of having the Prophet with them, and they now have a collective
knowledge of the Prophet's Sunna transmitted by many from one generation to another.
Malik sees the àural of Medina as representing the Sunna of the Prophet on the grounds
that the practice of the city was sanctioned by the Prophet himself. In other words,
Malik regarded Medinan àural to be both authoritative and reliable. This method is in
sharp contrast to that of al-ShAriì, who attacks Malik in his work IkhtilfMlik
waI-
132Mlik,al Muwatta ; i, 303-04 (Arabic text); trans. 140-41.

83Abd-Allah, Mlik's Concept,
especially Chapters 3-5; S. A. al-Murabit, Root Islamic
Education (Kuala Lumpur, 1995),40,55-66; Y. Dutton, "Surma, Hadith, and Madinan àural', in JIS, 4.1
(1993), 4,10-14; idem., "Àmal v. Hadith in Islamic Law: The Case of sad] alyadayn (holding one's
handsby one's side) when doing the Prayer", in Islamic Law and Society, 3.1(1996), 21-28.
84Q50iÌyd. Tartib al
madarik, ii, 64-65 (as cited by Abd-Allah, Mhk's Concept,311-21); alMurabit, Root Islamic Education,62-65.
Sh
67
Y. For al-Shfi`l, Medinan àmal is very dubious. Like the ljm' of the people of
Medina, it is just a claim made by the Medinans. The question of how àmal could be
during
Malik,
intact
kept
had
been
it
the
to
how
was a
generations
prior
verified, and
puzzle to al-Shafi`l.
Be that as it may, in Malik's view, the àmal of the people of Medina is more
for
binding.
deciding
hadith.
Amal
hadith
the
than
was
criterion
was
whether
a
reliable
As far as khabar al-whid is concerned, Malik did not consider khabar al-whld to be a
valid source of knowledge, even on the condition that it had been transmitted with
sound isnd. Unlike
al-Shfiì
and Ibn Hanbal, Malik
its
of
was very cautious
implementation. He regarded khabar al-wahid as the weakest and least authoritative of

the sources to which he subscribed. He did not question the authenticity of hadith but
said that it can be used only if it is supported by more established sources of law. He
used àural in order to place hadith in its proper context.
Ibn Qutayba explains the advantage of àural and of the ijmòf
the people of
Medina over a mere hadrth. He says:

"In our opinion the truth is more likely to be established by
ijrna `than by the transmission of hadtth (al-riwya). Hadith
may be subject to forgetfulness, error, uncertainties,
different possible interpretations, and abrogation; someone
trustworthy may transmit from someone who is not; there
may be two different commands, both of which are
[at
the
tasllms
two
possible, such as making either one or
end of the prayer]. Similarly, a man may have been present
when the Prophet, may God bless him and grant him peace,
he
been
told
then
when
absent
gave a certain command and
[people] to do something different: he will then transmit
the first command and not the second, because he does not
know it. Ijm , however, is free from such vicissitudes.
This is why MAlik, may God have mercy on him,
Messenger
God,
hadrth
from
the
transmits
of
a
sometimes
says,
but
him
God
him
bless
then
peace,
and grant
may
68
`The àural in our city is such-and-such', mentioning

something that is different to the hadith. [This is] because
his city was the city of the Prophet, may God bless him and
grant him peace, and if the àmal in his time included suchand such a practice, that would have become the àmal of
the following generation, and the generation after them,
and the generation after them - and it is not possible that
have
doing
the
would
stopped
people
something that
all
they were all doing in his city at his time and then done
something else instead - and one generation from one
generation is a much greater number than one from one.
Indeed, people have related many hadiths with complete
(muttasila)
and then not acted according
authority
of
chains
to them. 15
In conclusion, Malik considered the practice of Medina as a more sound proof
of the Surma than khabar a]-wbid In general the criteria of ahl al-figh of the schools of
both Abis Hanifa and Malik for determining the binding force of khabar al-whid are
ijm , khabar mutawatir, and khabar from the Companions about which there is no
disagreement. If khabar a]-wahid coincides with these criteria, it is accepted as valid
and engenders knowledge. Therefore, one can say that ah] al-figh maintained an
In
khabar
to
contrast to the Mu`tazila, who use the
approach
al-whid
experiential
criterion of reason, ahl al-figh stress empirical proofs in deciding the truth of khabar.
85Ibn Qutayba, Ta'wll, 238-39; trans. is frQm Dutton, "Sunni',
21
CHAPTER 3
AL-SHFIÌ'S DISCUSSION OF 'ILM(KNOWLEDGE)
In the first part of this study, we discussed al-Shfiì's life and his interest in Islamic
knowledge, an interest cultivated from an early age. His contribution lies in this
Àbd
Islamic
knowledge,
modem
scholars
such
as
and
al-Rziq and
realm of
Rosenthal acknowledge his early importance in the history of Muslim
thought
dealing with the question of `llm (knowledge). ' Al-ShAW! wrote his work as a
knowledge).
His
in
51m
(religious
discussion
al-dm
main concern
of
methodological
his work, especially in al-Risla and Jima àl- ìlm, was to discuss how knowledge of
be
In
had
been
law
obtained.
still
other words, almight
and
preserved
religious
Shfiì pursues his discussion of `Jlm with reference to how that knowledge may be
derived. Before we proceed to al-ShAfiì's discussion of ìlm, it will be useful to
explain briefly the meaning of `Jimin his terminology.
3.1 Ìlm in al-Shfiì's
Terminology
Al-Shfiì does not exactly define the term `Jim in his work. This is also true of other
terms that he uses. This does not, however, indicate weakness or carelessness. The
had
his
defined
for
leaving
that
terms
readers
precisely
are
not
most probable reasons
he
knowledge
technical
terms
that
thorough
the
used, and that such
of
general and
a
words were generally employed in his time?
From the context of al-Shafiì's work, it is clear that the word ìlm is used in
the senseof knowledge of religious law: This knowledge derives from a Divine
source, revelation, in which knowledge of the rulings of God (`21mabkam A11h)3and
tÀbd al-Riziq, T mhid, 244f; Rosenthal, Knowledge, 72f. 232;

cf. Introduction.
2See Khadduri, IslamicJurisprudeace, 28.
3A1-Sh ì, al-PisAla.19, para.46.
69
AL-SHAFI`PS DISCUSSION OF `FLM(KNOWLEDGE) 70
the rulings of the Prophet (ahkm al-rasl) are the object of his main discussion 4 AlShAfiì seeks to understand religious law, which is generally the concern of the
5
figh.
of
science
3.2 Al-Shfiì's Classification of Knowledge

Al-Shfi`l divided ìlm into two types: religious knowledge and worldly knowledge.
The saying is attributed to him, "inmm
a]-71m 11mn: 71m al-din wa- ì1m al-
dunya"' (knowledge is of two kinds: religious knowledge and worldly knowledge)

.6
Imm al-Ghazli (d. 505/1111), himself a Shfiì scholar, used the terms "revealed "
(shard) and "non-revealed"
(ghayr shard) for this same division of knowledge?
Knowledge for al-Shfiì was not limited to religious knowledge but also included
worldly knowledge. As far as he was concerned, the Muslim community should excel
in both types of knowledge. However, religious knowledge is certainly al-Shfiì's
priority. This is clear from his life's work as already discussed in the first chapter.
Throughout his life, he devoted himself to acquiring this religious knowledge.
Al-Shaì
in his Risla divides religious knowledge into
Wm al- `mma
(common knowledge) and ìlm al khssa (specialists' knowledge). 8 He also divides

knowledge between the categories of ijm`(consensus) and ikhtilf(disagreement), 9
and between those of al-i ta 11 'l-zhir wa-I-b(in (certain knowledge) and hagq Ii'Ip1bir(probable knowledge). io Of these divisions, the first is the most important by a
long way, since it merits an entire chapter to itself.
4A1-ShAriì, al RisJa 471, para. 1309.
5A1-Shafiì, al RisGIa, 369,
para. 997.
61bnAbi Htim, Adab, 321.
7A1-Ghazli,TheBook of Knowledge, 36ff; al-Ghazli's classification of knowledge is dealt

with by OsmanBakar in his Classification of Knowledge in Islam (Kuala Lumpur, 1992), 203-22; for
a generalintroduction to his ideas, seeA. S. Muhammad Shukri, A Commentaryon SelectedPortions
of al-Mungidh min al-4iallof al-Ghazll, unpublishedM. Litt dissertation, University of St. Andrews
(1993).
8A1-Shafiì,al Risla, bb a1-Um,357-69, paras.961-97.
9A1-Shaì, aJRisla, 40, para. 126; seebelow (3.4).
'0Al-Sh ui 1, al-Risla,478, para. 1328;479, para. 1335 and; 485,
para 1368; seebelow (3.5).
AL-SHAFIÌ'S DISCUSSION OF ÌLM(KNOWLEDGE)
71
3.3 'JIM al- `mma and ì]m al kh$, va

Vim at- `mma is that sort of common knowledge or knowledge of the generality that
no sane, mature adult could possibly not have. As al-Shfiì puts it in Jim ` a1-ì1m,
"you will
not meet a single Muslim
without
finding
knowledge of it in his
possession"." Examples of this knowledge are the five daily prayers, fasting in
Ramadan, the pilgrimage and zakt on wealth. Other examples are the prohibition of
fornication, killing, stealing and drinking wine, and other matters of this kind, which
God has charged his servants either to know, or to give, or to abstain from.
As far as the sources of this knowledge are concerned, it is found textually
(nassan) in the Book of God or generally (`mman) among the Muslims (ahl alislAm). Muslims know the details of this knowledge because it has been transmitted
from the Prophet to each succeeding generation in turn (from the generality of them
(àwmmuhum) to the generality, i. e. transmission by tawtuz). There is no dispute
concerning its authenticity and all Muslims are agreed that it is binding. They do not,
according to al-Shfiì, dispute whether it has been related or whether it is incumbent
on them. In fact the nature of this common knowledge is such that there can be no
error in its transmission (its reported form, khabar) or interpretation (ta'wllj.
In
addition, no dispute is permissible therein (wa-l yajz JAi al-tanazu )". 12

Wm al-khssa is knowledge of details of matters that are ìlm al- `mma. It
consists of subsidiary duties and specific rulings (furii ` al-fara'1(1, khjss al-a(ikam)
which are prescribed for God's servants. Examples of this type of knowledge are the
details of the law of prayer, fasting, pilgrimage, zakt, etc. Most of these details are
not mentioned in any scriptural text (nass kitb) or in any text of Tradition (nass
from
the reports of specialists (akhbr al khssa). In Jima ` al- `Jim, alapart
sunna)
11A1-Sh `3,Jimàl-ìlm, 48, para. 172.
12AI-Sh `3, a1R'is la, 357ff, paras. 961-65; Calder, "ikhtil f
and ijm", 56; a1-À1wAni,
Source Methodology in Islamic Jurisprudence (Usa) al-f'gh aJIsl&ni) (Herndon, 1994), 45.
AL-SHAFIÌ'S DISCUSSION OF ÌLM(KNOWLEDGE) 72
Shfiì describes `Jim a1-kbga as "knowledge (you find) of the predecessors and the
successors who came after them, up to those whom you have met. Their opinion and
the explanations on matters where there is no text of the Qur'an available which they
could interpret, are different and obviously at variance, [and they did not have
recourse to giys] and when they use giyas, giys admits disagreement." 13This type
interpretation
(ta'wil)
knowledge
is
to
of
susceptible
and is to be understood by
deduction (istinbt) or analogy (giys). 14The end result of this knowledge is ikhtilf
(disagreement). To cite one example, the prohibition of theft is part of Wm al- `mma,
in which disagreement is not permitted. However, scholars disagree with each other
in determining the value of stolen goods for which the hand of the thief must be cut
off. Al-Thawrl, for example, states that the value of stolen goods must be equivalent,
at least, to ten dirhams or one dinar. Malik, al-Shfiì and Ab Thawr are of the
opinion that it must be equivalent to one-quarter of a drnr or more. Ibn Abi Layl
believes that it must be equivalent to five dirhams or more. 15
Let us further examine al-ShATI's view of both types of 71m. In the first
place, al-Shff i makes it clear that the division itself is based on the responsibility of
Muslims to acquire religious knowledge. He divides Muslims into ab `rnma and alkhssa. The term àmma (pl. àwmm) signifies Muslims in general. )6 As for the term
khJ$$a (pl. khawsc), it denotes Muslim
knowledge which Muslims
17
seholars. Thus, 71m al-`rnma is the
have to acquire in order to fulfil
their religious
obligations, and 71mal-khssa refers to the specific areas of knowledge possessedby

Muslim scholars, especially the fugah
13A1-SW i, Jirnaàl-ìhm, 48, para. 173; Ali, A]-Sb4fi `?'s Contribution, 186.
14AI-Shfiì, al Risla, 359, para. 967; Calder, "Jkhdlfand ljrn l", 56;
15Azizy, "Ikhtildf', 375.
16Lane,Lexicon, s.v., àmma

17Lane,Lexicon, s.v., khssa.
AL-SHAFI`PS DISCUSSION OF `7LM(KNOWLEDGE) 73
Al-Shafiì classifies `Jim al- `mma as the necessary knowledge that every
Muslim must know. He reiterates that this type of knowledge is part and parcel of all
Muslims'
'8
lives,
heading
the
and
comes
under
of taklif
religious
(religious
obligation).
Al-Shafiì also touches on the sources of this knowledge, and acknowledges
the Qur'an and the Surma of the Prophet as the major sources. He goes on to explain
that religious duties are derived from the Book of God and also from information that
is preserved, and tradition that is practised by the Muslim community at large. In his
19
from
Prophet.
is
based
learning
the
the
this
on
authority
of
reports
religious
view,
Accordingly, al-Shfiì is no doubt that lawful and unlawful matters are decided on
the textual basis of the Qur'an and the Sunna.
Therefore, according to al-SM RI, the Qur'an and the Sunna as the sources of
ìlm al- `mma are transmitted in a type of khabar wherein error is not possible (alladhl l yumkin fi hi al-ghala( min al khabar). This is khabar mutawtir or in alShfi`3's term, akhbr al- àmnia from which certain knowledge can be attained.
Hence this kind of knowledge is such that nobody could ever dispute its transmission
is
knowledge
He
it
imposes
this
thus
them.
that
the
upon
concludes
obligations
or
true and that there can be no disagreement on it 20 In this case, al-Shawl takes the
his
Um
`
defending
against
almma
opponents among ahl a]-kalm.
position of
After a brief explanation of the first type of knowledge, al-Shiiì proceeds to
discuss the second type, i. e. Um al-khssa. The whole chapter of 71m in al-Risla
centres around this second type of knowledge. It is clear that al-Shftfiì's main
concern is 51mal-khssa (the specialists' knowledge), which is also very important to
the whole of society. This is because the responsibility
18A1-Shdfiì, a]-Risala, 358, para. 963.
19A1-Shdriì, al-Risila, 358, para. 964.
20Al-Shjì,
al Ris211a,359, para. 965.
of guiding the Muslim
AL-SHAFI`1'S DISCUSSION OF ÌLM(KNOWLEDGE)
74
khcca
i.
lies
the
group,
e. the specialists. It can be understood from his
on
community
discussion that al-Shfiì's main objective is to guide these specialists, who need this
knowledge in fulfilling their responsibility.
The elaboration of ìlm al-kh ca is the responsibility
of the specialists.
Although the task of acquiring this knowledge is incumbent upon scholars, all
believers are required to follow the provisions of the detailed duties once they are
established by these scholars. The reason is that this knowledge is relevant to all. In
the details of the law, the task of the believers is to follow those who have made a
special study of it. One can say that this is also the case in other disciplines, For
example, in medicine, only those who are experts in that field have the authority to
prescribe medicine.
The details of the law are indispensable for all Muslims to enable them to
fulfil their religious duties. It is not easy for ordinary Muslims to formulate them on
their own because ìhn al kha%ca is not explicitly mentioned either in the Book of
God or for the most part in the Surma. Al-Shfiì adds that whenever this kind of
detailed knowledge is found in a sunna, it is related only by akhbr al-khavca and not
by akhbr l- ` mma. Different interpretations among specialists are inevitable as a
In
difficulty
this case, the specialists
the
akhbdr
al-khassa.
of understanding
result of
use the methods of giys and ta'wil
(interpretation)
in order to reach their
21
In
ijtihd.
they
words,
other
apply
conclusion
It should be noted that, according to al-Shffi,
71m aldcha, a is subject to
different interpretations because of the different methods applied by the specialists.

Among the methods of ijtihd used by the specialists are giy$s, ta'wil, ray and
21A1-Sh5fiì,alRis7la, 359, para. 967.
is
ijtihd
the method of
22
However,
the
to
of
istihsn.
only correct method
al-Shfiì,
P
giys
In general, ìlm a1-khssais beyond the capability of the masses and it is only
is
implied
This
is
it.
to
for
when al-Shfiì's
what
the
acquire
specialists
obligatory
interlocutor asks him whether Sim al khcsa is binding upon all or upon certain
it
is
that
holds
His
that
one
interlocutor
act,
and
only
a
supererogatory
specialists.
24
has
knowledge
has
not committed any sin
not sought this
who
Al-Shawl
is
knowledge
in
this
only
that
acquiring
certain cases
elaborates
binding upon certain specialists or an elite group. Other specialists are accordingly
down
the
lays
the
Here
duty.
from
governing
principle
general
this
al-Shfiì
released
be
involved
in
knowledge,
pursuing
that
must
expert
every
this
not
namely
pursuit of
it. In other words, one may abstain from studying it if enough experts have acquired
it. It needs to be stressed here that al-Shfi`3 does emphasise the virtue of those who
Qur'an
from
the
the
this
When
is
he
it.
and
to
view
of
proof
give
asked
acquire
Sunna, he justifies his claim by mentioning several duties such as jihad, attending
in
burial
to
religion
funerals, performing
a salutation and studying
prayers, replying
depth, which are all collective duties rather than individual ones25
As an analogy to the above division of knowledge into ìlm al- `mma and
ì1m al-khssa, al-Sh&fiì compares it with the division of obligatory religious duties
fain
à1
lard
into
divides
fari(fa).
Al-Shfiì
two
types,
alnamely,
(far'id, singular
`mma (a duty obligatory
(a
P'-hi
far(]
individual)26
al-kifdya
gasd
and
on all
22Ra ;y denotes the "considered, judicious opinion of a qualified scholar", Burton, Hadith,
200; istihsan signifies a "method of fording the law which for any reason is contradictory to the usual
[gJiys", R. Paret, W. "Istihsn and istishb"in El, iv, 258.
23A1-Shfiì, al-Risla, 477, pars 1326; 504-8, paras. 1457-68.
24A1-Shfiì, al RisJa 359, para. 968.
25Al-Shafiì, alRisala 360-69, paras.972-997.

26AI-Shfiì, al-Risla,364, para. 982.
collective
duty) 27 The first category includes the five daily prayers, fasting,
pilgrimage, legal alms, and the prohibition of usury, murder, adultery, theft and wine.
Al-Shfiì
individuals
that
are obliged (kullita
all
states
al- 7bad)28 to know and
practise these duties. This category is later known as farc! àyn (a duty obligatory on
every individual) which directly relates to 'Um al- `mma. As far as the second type of
lard is concerned, al-Shafiì defines it as a duty that, if performed by enough
"
Muslims, is no longer obligatory on any other Muslims, whose non-performance
later
known
This
is
be
29
thus
as iluV kilya
not
sinful
would
(a duty obligatory on
all, or a collective duty) which directly relates to ìlm al-khacca.

Al-Shfì
justifies the notion of far(1kiya
by reference to the duty of jihd,
quoting the Qur'anic verses (Q 9: 5,29,36,38-9,41,111).
30 In some verses (Q 9:
38-39,41), God condemns those who do not want to join a na& (party of warriors).
Al-Shfiì
explains that this duty must be either an obligation for all capable
Muslims, like the duties of prayer, fasting, alms and others, or a collective duty. He
argues that the duty of fihd is a collective duty by using the Qur'an (Q 4: 95), which
mentions the difference between those who sit at home (al-ga idiin) and those who go
jihd
(al-mujhidivn). Al-Shfl'l points out that although God promises a high
on
out
rank to the mujhidn, He also grants a good reward (al husna) to the others. AlShfiì asks how it is that those who do not go out on jihad receive a reward. It is that
jihd is a collective duty. Al-Shdfiì
argues further that the duty of jihd is not
incumbent upon all by quoting the verse:

"It is not for the believers to go forth totally; but why
should not a party of every section of them go forth, to
become learned in religion, and to warn their people when
they return to them, that haply they may beware?" (Q 9:
122).
27A1-Shy ì, al Risala,

28A1-Shdfiì, al-Risla,
29A1-Shfil'iì, al-RisVa
3oAi-Shafiì, al Risla,
363, para. 981.

358, para. 962.
360, para. 971.
360-365, paras. 972-986.
AL-SHFIÌ'S DISCUSSION OF ÌLM(KNOWLEDGE) 77
The nature of farri al -Itifya
is explained in order to maintain that 71m al-
kh ca is a part of `llm fard al -killaya. 31 Having discussed the nature of the two
divisions of knowledge, al-Shafi`3 has identified his main concern, which is the
He
has
Um
down
his
narrowed
of
al-khassa.
argument to deal with
sources
knowledge of specialised and debatable points rather than what is generally accepted
and agreed. His main argument is to prove the indispensibility in this area of reliable
documentation external to the religious law itself. Here he elaborates his view on the
sources of religious knowledge.
3.4 Sources of the Derivation
of 'JIM al-din
The central question for al-ShAfiì, on which many Muslim scholars have divided, is
how religious knowledge can be derived. The important question is the sources of the
derivation of knowledge, and not the nature of knowledge itself. Ah] al-kalm,
especially the Mu`tazila, have argued that reason is the primary source of knowledge.
Revelation is treated as only complementary to reason. Ah] al-figh, in particular Abis
Hanifa and Malik, have also authorised the use of reason (ijtihd bi-Ira 5) in addition
to revelation. Both approaches seem to argue for the same position, that is to say the
independent use of human reason in deriving knowledge. 32
A significant turning-point in the debate among Muslims scholars regarding
al-Shafiì's
discussion is that knowledge in its totality is based on the direct
revelation of God's words alone and not on human experience and reason. Al-Shfi i
explicitly formulates the view that, in every problem faced by a Muslim, the Book of
God will surely provide him with guidance. He says, "No misfortune will ever
descend upon any of the followers of God's religion for which there is no guidance in
the Book of God to indicate the right way. "33So any rational elaboration or historic
31Cf. Calder, "Tkhtilfand Ijrn"', 58.
32Cf. Chapter 2.
33A1-Shaì, alRisla, 20, para.48.
AL-SHAFIÌ'S DISCUSSION OF 7LM(KNOWLEDGE)
78
development without reference to a revealed source was rejected as arbitrary and
follows,
In
we are going to examine how al-Shfiì argueshis case.
what
unfounded.
According to al-Shfiì, the sourcesof religious knowledge are the Book of
God (the Qur'an), the Sunna, ijm' and glyds In his own words: "No one may ever
judge a thing as being lawful or unlawful unless (this judgement) is based on ìlm: the
basis of Mn can be either khabarin the Qur'an, or the Sunna, or &9'.
34
or qiyjW'. In
addition to these sources, al-Sh5fi`3 also accepts the opinions of the Companions
(agwll al-sahba) as a supplementary source. In his own words again:
"Knowledge has many categories: firstly, the Book and the
Sunna if authentic; secondly ijma òn matters on which the
Qur'an and the Sunna are silent; thirdly the view of some
Companions which have never given rise to any objection;
then different opinions of the Companions in that matter
and finally analogy based on some of these categories"35
What we can understand from al-Shafiì's words is that the Qur'an and the
Surma are the foundation of religious knowledge. Ijm , the opinion of a Companion
and giyas are supplementary sources to the primary sources. Anything decided using
other methods of derivation remains outside the category of knowledge. The only
kind of reasoning permitted is giyas 36
3.4.1 The Book of God (The Qur'an)

By the term the Book of God (kitb Mh),
al-Shfiì means the Qur'an. Al-Shafiì
believes that the Qur'an is a proof of the prophethood of Muhammad, the most
authoritative guide for Muslims and the first source of knowledge. Thus, it is the duty
of all Muslims to derive knowledge from the Qur'an.
34A1-Shfiì, a!
39,
120;
in
his
translation, Khadduri misses the word khabar
para.
-RisJa,
(report), 78; see also L. Safi, The Foundation of Knowledge: A Comparative Study in Islamic and
Western Methods of Inquiry(Petaling Jaya, 1996), 35.
35A1-Shfiì,al-Umm, vii, 265.

36J_Sh&flì, alRisla, 477, paras. 1323-24.
AL-SHEIFIÌ'S DISCUSSION OF ÌLM(KNOWLEDGE)
79
Al-Shfiì points out that knowledge of God's commands is guidance for a

Muslim. He explains this concept of guidance in his chapter on al-bayn. 37According
God guidesman to know His commandsthrough different means.

to a1-Shuidi,
Firstly, certain commands are explained by the Qur'an itself, for example,
specific
obligations
such as prayer, zakt, pilgrimage,
fasting,
and specific
drinking
the
or
of wine or the eating of carrion or pork.
adultery
prohibitions such as
Secondly,certain commandsare explained by the Qur'an in general while the

Prophet provides the necessary details, for example, the number of prayers and the
of
amount zakt.
Thirdly, certain God's commandsare establishedby the Prophetic Sunna.
Finally,
al-Shfi`3 acknowledges that certain God's commands are
ijtihd.
It
is
ijtihd.
In
by
his
Himself
God
to
exercise
a
man
view,
orders
established
38
God
to
way of obedience
Al-Shfiì
also classifies Qur'anic
into
(`mm)
and
general
statements
particular (khss), and divides them further into the following categories:
Firstly, statements in which the meaning is intended to be general. For
à1
kulli
kulli
"Allahu
khliqu
the
shay'in wakil'
verse
shayin
wa-buwa
example,
(God is the Creator of everything; He is Guardian over everything, Q 39: 62). In this
verse, the word "kull'
(i. e. "every" or "all")
is an expression which identifies the
general. The verse consists of a general proposition which precludes specification of

any kind. Hence it remains absolutely general.
37A1-Shyì, al Rislla,21f, paras.53-59.

38A1-Sh ì, alRisMa, 21f, paras.56-59.
AL-SHAFIÌ'S DISCUSSION OF ÌLM(KNOWLFDGE)
80
Secondly, statements in which both general and particular situations or events

"lnm
khalagn
For
kum
ja
àlndhakarin
included.
wa
example,
wa-unth
min
are
kum shu `ban wa-gab'ila li-ta `raf lima akrama kum
ìnda 11M atgkum"
(We
female,
and appointed you races and tribes, that you may know
male
you
and
created
one another. Surely the noblest among you in the sight of God is the most godfearing
"male",
"races"
"female",
Q
13).
In
49:
the
this
words
verse,
and "tribes"
of you"
indicate the general. Male and female include created beings whether in the Prophet's
time or before or in the future. The particular is "surely the noblest among you in the
The
God
is
the
concept of tagw (fear of God) refers only
most godfearing".
sight of
to those who may have this quality among the children of Adam. It does not refer, for
example, to animals or to children below the age of puberty.
Thirdly,
1"
statements which are intended to be particular.
"alladhina gla la humu
For example,
'l-nsu inna'l-nsa qad jama `la-kum' (those to whom the
The
Q
3:
173).
The
have
you,
second word
against
people said:
people
gathered
"people" refers only to a particular tribe,
Quraysh, and not to the whole of
mankind 39
There is another category of Qur'anic
statements which are apparently
inheritance
For
but
Surma
the
the
as
particular.
example,
which
specifies
general,
verse (Q 4: 12) declares in general trems that amongst those who are eligible to
inherit are fathers, wives and children. However, the Sunna specifies that fathers,
wives and children are able to inherit only if they are of the same religion (Islam),
and provided that none is a killer or a slave. This shows the importance of the
information (ikhbr) of the Sunna in clarifying the meaning of Qur'anic verses40
39A1-ShAfiì, al-RisAla, 53-60, paras. 179-201.

40M-Sh5fiì, al-RisIa, 64-66, paras. 214-219.
Al-Shfi`l
81
along with other scholars declares the Qur'an to be the prime
Qur'an
`Jim.
In
the
words,
must be accepted as axiomatic by all
other
source of
believers. This is why al-Shfiì says,
be His praise-has revealed in His
"All that [God]-glorified
Book is a mercy [from Him] and an evidence [for His
Whoever
knows
[the
Book],
knows it; and
existence].
whoever is ignorant of it, is ignorant of it. He who is
ignorant of it does not know it, and he who knows it, is not
ignorant of it. "41
3.4.2 The Sunna of the Prophet

Before elucidating al-Shfiì's own position, it will be useful to draw attention to the
meaning of Sunna. Originally the word sunna comes from the verb sann, yasinn or
42
important
for
The
has
meaning
most
our purposes
various meanings.
yasunn, which
is in the expression "sanantu lakum sunnatan fa-'ttabi `h'
(I have instituted,
established, prescribed for you an institution, a custom, a practice, a usage, or the

like, to be followed, therefore follow it). This gives the meaning of sunny as a custom
or practice, whether good or bad, to be followed later on. It is because of this that
sunna can be used in the sense of "a way, course, rule, mode, or manner of acting or
(way
(way,
life
like".
Its
tariga
the
of
manner) and sira
or
conduct of
synonyms are
life). The Prophet is reported to have said "Whoever sets a good example (sunna
hasana), he and all those who act upon it shall be rewarded, and whoever sets a bad
its
burden
(sunna
follow
it
he
the
those
of
who
will carry
example
sayyi'a),
and all
blame till the day of Resurrection" 43
In the Qur'an, the term sunna (including its plural sunan) occurs 18 times
either in the phrase "sunhat Allah"44 or "sunnat al-awwalln"45 or merely as "sunna".
41A1-ShafiÌ, a!
19,
paras. 43-44; trans. Khadduri, 65.
-RisAla,
42Lane, Lexicon, 1435-36.
43A1-Shawkani, Irshad aI-fuhJ, 29.
44Q 18: 56; 33:37,62; 35: 43; 48: 23; 40: 85.
45Q 8: 39; 15: 13; 35: 43.
82
Generally it conveys the meaning of a practice or course of conduct 46 The most

AllJ
is
"sunhat
usual phrase
' which refers to God's law of retribution as applied to
those peoples who rejected God's message47 The phrase "sunnat a1-awwalin" is
AllM',
"sunhat
to
closely related
and also refers to God's scourging of nations which
forsook the religious message48 Another usage is God's sunna in respect of His
hostility
by their people. In these cases,
latter
the
with
were
received
prophets when
God supports His Prophet and destroys those people 49
The Qur'an never uses the term sunhat al-rasirl, but the concept can be traced
to a verse which does refer to the conduct of the Prophet as "uswa hasana", a good
example. God says to the believers, "You have had a good example in God's
(Q 33: 21). This
Messenger for whosoever hopes for God and the Last Day,
.....
is
in
God's
in
to
messenger
made
not
only
respect of the
a good example
reference
Prophet Muhammad but also in respect of other prophets. God says, "You have had a
good example in Abraham, and those with him, ..." (Q 60: 4). It can be said that the
Prophet
its
himself.
Sunna
Prophet
to
the
the
the
the
of
of
origin
rise
concept
of
owes
In addition, the Qur'an also repeatedly mentions the obligation to obey the Prophet
alongside the obligation to obey God so
For the muhaddithcln, the term sunna refers to all that is narrated from the
Prophet regarding his acts, his sayings and whatever he has tacitly approved, plus all
the reports which describe his physical attributes and character. The fugah ,
however, exclude the description of the physical features of the Prophet from the
definition of sunna.51 The terms sunna and hadith are used interchangeably. Are
46Hasan, EarfyDevelopment, 85; Karnali, Principles, 44.

47SeeZ. I. Ansari, "Islamic Juristic Terminology before Saì:
special Reference to Kfa", in Arabica, 19 (1972), 261.
48A1-Baydawi, Anwiral-tenzil,
his commentary on Q 8: 39.
49Q 17: 77; cf. Ansari, "Juristic Terminology", 262.
50Seefor example,Q 4: 59: 5: 95; 24: 54; 47: 33; 64: 12

etc.
51Kamali,Principles, 44.
A Semantic Analysis with
AL-SHAFIÌ'S DISCUSSION OF 'ff-M(KNOWLEDGE)
83
The
hadith
thus
the
same?
answer is no, even though the terms are used
and
sunna
interchangeably now. A hadith is a narration of the behaviour of the Prophet. The
With
noun
is related to talidith (narration), and has the same meaning as ikhbr. 52
The sunna is the behaviour of the Prophet himself constituting a way (tariga) which is
traced in his personal history (sirs). Hadith is the documentation of the Prophetic
is
"certain
53
It
hadith
five
its
that
said
or
a
contains
vehicle.
sunnas".
surula
According to a dictum attributed to Àbd al-Rahmn b. al-Mahds (d. 198), "Sufyn
al-Thawri is Imam in Hadith but not Imarn in Sunna, while al-Awza'! is Imam in
Sunna and not in Hadith. Malik is Imm in both" 54 Sunna in the early period means
the established practice and agreed usage of the Muslims, and hadith is the narration
Prophet.
by
fixed
definite
laws
the
the
of
and
enunciated
For al-Shfiì, the term sunna refers to a source of religious knowledge and a
legal proof next to that of the Qur'an. Scholars of usl al-fiqh in general take the
same position. 55 Al-Shdfiì holds that the function of the Sunna is to explain the
Qur'an. He observes:
"I know of no scholar who does not agree that the
sunna of the Prophet falls into three categories, two of
which were agreed upon unanimously. ... First, for
whatever acts there is textual [legislation] provided by
God in the Book, the Apostle [merely] specified clearly
what is in the text of the Book. Second, as to any
[ambiguous] communication in the Book laid down by
God, [the Prophet] specified the meaning implied by
Him. These are the two categories on which scholars do
not disagree. The third category consists of what the
Apostle has laid down in the Sunna and concerning
which there is no text in the Book. "s6
52A1-$lih,`0din alhadith, 3ff; cf. Chapter2.
53Ab Dwad, Sunan, ii, 105 (cited from Hasan, Early Development, 87).
MHasan, Early Development, 87.
55Kamali, Principles, 46.
56JI-Sh
Ì, al-Risala,91f, paras.299-301: trans.Khadduri, 220.
AL-SHFIÌ'S DISCUSSION OF ÌLM(KNOWLEDGE)
84
It is therefore safe to infer from this evidence that Muslim scholars accepted
the Sunna as a source of ìlm. Fazlur Rahman asserts that no group in classical Islam
Khawdrij or the Mu`tazilah - denied the validity of the Sunna.57 AN albe
it
the
kaMm, according to him, though originally
reliability,
sceptical of hadith on the basis of its
"nevertheless accepted the Sunna and consensus and indeed they
interpreted the Qur'an in the light of these principles, as is attested by a1-Shdfi`V'58

Disagreement is only on commands in the Sunna that depart from the meaning of a
relevant Qur'anic statement, when there is no text in the Qur'an to support them. To
answer this, al-Shì
goes on to explain that scholars have already provided proofs
to support his understanding of the Sunna. These include (1) God Himself validates
the Sunna since He has made obedience to the Prophet an obligatory duty. (2) Every
sunna has a basis in the Qur'an for example, the sunna specifying the number of
Prophet
is
Every
how
(3)
the
to
them.
of
sunna
confirmed by
prayers and
perform
God as correct. (4) The Prophet himself was inspired: In other words, his sunna is
divine wisdom, inspired by God 59
Al-ShAffi himself prefers to argue for the binding nature of the Sunna on the
basis of the duty to obey the Prophet. On this basis the Prophet's Sunna must be
accepted as a source of religious knowledge. In his introduction to his discussion on
the obligation to obey the Prophet, al-ShMVI says "God has placed His Apostle - [in
His
by
Book
His
in
His
to]
the
clear
made
position
religion,
and
relation
commands
Him as a distinguishing standard of His religion by imposing the duty of obedience to
Him as well as prohibiting disobedience to Him. He has made His merits evident by
associating belief in His Apostle with belief in Him. "60 Thus, al-Shfiì's discussion
57F. Rahman, Islamic Methodology in History (Karachi, 1965), 70;

cf. L. T. Librande, art.
"Hadith", in The Ency. ofReligion, 6,151.
58Rahman, Islam, 63 (cited Krttsbjimàl-ìlm,
in al-Umm, 7,252, the case of evidence in a
murder case).
59A1-ShAWi,al-Risla,92-105, paras.302-308.
6OA1-Shfiì,al-Risla 73, para. 236; trans. Khadduri, 109.
85
Prophet
to
the
the
obey
aims to support the authority of the Sunna in
of
obligation
The
Sunna
Qur'an.
together with the Qur'an forms the basis which
the
to
relation
Muslim
the
religious thought.
of
structure
supports
The merit of al-Shf ì lies in his presentation of the theory of the Sunna in a
Schacht
believes
"the
first lawyer
that
way.
al-Shfiì
was
and
consistent
systematic
to define sunna as the model behaviour of the Prophet, in contrast with his
it
Prophet,
but
for
the
necessarily
was
not
connected
with
whom
predecessors
represented the traditional, albeit ideal, usage of the community, forming their `living
tradition'
61
In
footing
with
customary
or
generally
agreed
practice".
on an equal
Prophet'
"identified
`sunna
his
the
the
to
of
with
contemporaries, al-Shfiì
contrast
the contents of traditions from the Prophet to which he gave, not for the first time, but
for the first time consistently, overriding authority, thereby cutting himself off from
the continuous development of doctrine before him. "62 Talking about the relationship
between Sunna and Hadith, Schacht says, "For Shfiì, the sunna is established only
by traditions going back to the Prophet, not by practice or consensus Apart from a
...
few traces of the old idea of sunna in his earlier writings, Shfi`l recognises the
`sunna of the Prophet' only in so far as it is expressed in traditions going back to him.
This is the idea of sunna which we find in the classical theory of Muhammadan law,
farSchacht
"d3
Shfiì
be
its
then
there.
makes
a
must
considered as
originator
and
reaching conclusion following his study on al-Shfiì's works that can be summarised
in the following quotation:
"One of the main conclusions to be drawn from Part 1
of this book is that, generally speaking, the `living
tradition' of the ancient schools of law, based to a great
extent on individual reasoning, came first, that in the
second stage it was put under the aegis of Companions,
that traditions from the Prophet himself, put into
61Schacht, Origins, 2; see also Karnali, Principles, 47; Coulson, Islamic Law, 57.
63Schacht,Origins, 77.
AL-SHAFIÌ'S DISCUSSION OF ÌLM(KNOWLCDGF) 86
circulation by traditionists towards the middle of the

second century A. H., disturbed and influenced this
`living tradition', and that only Shaft'! secured to the
traditions from the Prophet supreme authority. "64
In principle, al-Shawl is of the opinion that knowledge of the Sunna can be
attained not from evolving legal practice, but from hadrth, the vast body of oral
tradition appearing to document in often minute detail the examplary conduct and
Muhammad.
Prophet
instructions
Since many ahsdith are bd, althe
verbal
of
Shfiì's intellectual endeavour revolves around the problem of authenticating idiabar
a!- wtvd, and its binding force 65
3.4.3 Ijm `(Consensus)

other Muslim
&.
1' as a source of
accepts
scholars,
knowledge 66 Ijma ` means "resolution"
67
It
is the verbal noun of
"agreement"
or
Al-Shfiì,
along with
ajma à which has two meanings, "to determine" and "to agree upon something" 68
Both meanings can be seen in the sayings "ajma à fuln à1kadha", which means
"someone decided upon a certain matter", and "ajma à al-qa wm à1kadhil', which
means "the people reached a unanimous agreement on a certain matter" 69 Ijm ; in
the technical sense, means the "unanimous agreement of the mujtahidrin, at any given
time, on a religious point" 70
Al-Shfiì in his chapter on ijma` refers to the ijm' of the Muslim

For
him, "we have to obey their authority, and we know wheneverthere
community.
are sunnas of the Prophet, the public cannot be ignorant of them, although it is
MSchacht, Origins, 138.
65Seebelow, Chapter 4.
For the legitimation of ijm` as a source of knowledge, see, G. F. Hourani, "The Basis of
Authority of Consensus in Sunnite Islam", in his Reason and Tradition in Islamic Ethics (Cambridge,
1985), 190-226
67AI-Jurjani,al-Ta`riflt, s.v. ijma

68Lane,Lexicon, s.v. ijm`
69Citedfrom Karnali, Principles, 169.
70A1-Jurjni,al-TaWt, S.V. ijm`.
AL-SHAFI`1'S DISCUSSION OF `&M(KNOWLEDGE)
87
possible that some are, ..."'.71Al-ShAWl seeks to justify his claim that the rjm òf the
Muslim community must be followed, the principle of luzm a1jamà. This notion
indicates that every Muslim must follow and confirm as valid what the Muslim
community regards as lawful and unlawful (al-taWM wa-1-tahrlm). Toward the end of
his chapter on Jjm , al-Shfi`l asserts "He who holds what the Muslim community
holds shall be regarded as following the community and he who holds differently
shall be regarded as opposing the community he was ordered to follow. So error
comes from separation ...". 72 The reason is that the Muslim
community has a
thorough understanding of the real meaning of the Qur'an and the Sunna, and of
9IYas.
However, according to Khadduri, al-Shy ì refers to the ijm òf the scholars
in order to explain a liukm on which his contemporaries have agreed.73This view is
supported by Muslim scholars such as Shkir74 and Abu Zahra75, who also hold that
al-Shafiì's ijm ` is the ijm 'of the scholars. Ab Zahra provides us with a proof
from al-Shdfiì's own statement that, "Neither I nor any of the scholars would say:
"This is [a matter] agreed upon, " unless it were [a matter] about which you would
never find a scholar who would not repeat it to you and relate it from a predecessor,
such as that the noon-prayer has four [cycles, rakàs] and that wine is forbidden, and
the like. "76
However, if we study further examples of &j'as
mentioned in al-Risla, 17
we find that ljm`can be categorised into : (1) ijmàl-umma
(the consensus of the
71A1-Shfiì,
al-Risala, 472, para. 1312.
72A1-Shfiì, al-R&Va, 475-76,
paras. 1316-20.
7IKhadduri's trans, Intro., 37f.
74Shaldr, in al-Shaffi, al Risla, 599,
n. 10.
75Ab Zahra, Shafi ì, 255.
76A1-Sh ì, al-Rises 534, para. 1559.

77Thefollowing examples are taken from alRisJla (1) In
religious duties, there is ijma' on
performing duties such as prayers, fasting in Ramadan,zakat pilgrimage (paras. 1559,438-39); five
obligatory.prayers (para. 342); menstruantwomen are not to make up the prayers that they omitted
during their period, but they are to make up days of fasting (para. 351); it is permitted to
wipe over
88
entire Muslim community); (2) jjma' al-sahba (the consensus of the Companions);
(3) ijmaàl-ùlam'
(the consensus of the Muslim scholars, either all the scholars or
within the various schools of figh) and (4) ljm àhl al-madrna (the consensus of the
common people of Medina). Some of the examples mentioned in al-Risla would be
agreed by all Muslims, for example, the obligation to pray five times a day; some of
them are agreed by only Sunni scholars such as the prohibition of mutà, and some of
them are agreed by a particular school of thought, for example, the muliaddrthfrn
accept the authoritative nature of khabara! -w lid.
Al-Shf ! is critical of the views of Abis Hanifa and Malik on ijm. Imam
Malik held that only the people of Madina were authorised for ijma-, 78and that their
&J'was
proof on its own. By the term ijm àhl a1-madina Malik means the practice
( àmalj of the people of Medina, since they had inherited the practice of the
Companions and the early Muslim community, and the Sunna of the Prophet. AlShfiì, though he always considers Malik as his great teacher, argues against his
boots (para. 636); washing (ghusl) includes ablution (wup'v '), i. e. there is no need to perform ablution
afterward (para. 464); the funeral prayer which is obligatory can be performed after the morning and
afternoon prayer irrespective of the forbidden times (para. 893); (2) In dietary laws, there is ijma' on
the prohibition of eating the meat of beasts possessing canines (para. 641); (3) In sales, there is ijma'
on certain kinds of unlawful sales such as the exchange of gold dinrs for silver dirhams to be paid
later (al-dannir bi-1-darhim Ba ajar (para. 644,1533); exchanging foodstuffs by measure or weight
for dinrs or dirharns to be delivered at an appointed time (para. 1533); the sale of risk (bay` a1gharar)
and the sale of dry dates for ripe dates (para. 943); (4) In marriage, there is ijmd' on certain types of
unlawful marriage such as al-shrghar and nwtà (para. 939); taking two sisters as wives, taking a fifth
woman as wife; marrying a woman during her ìdda (paras. 937-38); pilgrims marrying (para. 939);
and taking a woman together with her aunt, paternal or maternal, as a wife (paras. 628,937); (5) In
penal law, there is ijrn ` on the prohibition of adultery (para. 439); the punishment of stoning for
married adulterers (para. 382); that slaves who commit adultery are not subjected to the punishment of
stoning (para. 386); ihsn for a slave-woman is accepting Islam (para. 387-88); the prohibition of
murder (para. 439); diya (blood money) for unintentional homicide committed by a free Muslim
against another shall be 100 camels to be paid by the àgila (the killer's male relatives who are under
obligation to pay diva) (para. 1536); that diya shall be paid within 3 years, one third in each year,
compensation shall be paid out of a free Muslim's own property if he commits an intentional offence
against the life or limb of a person or destroys his property (para. 1538); the `gila shall pay one third
of the diva for an offence in the category of injuries and upwards (para. 1539); the prohibition of
drinking wine (para. 1559); (6) In inheritance, there is lima` on the application of fixed shares (para.
478); a Muslim can inherit from another Muslim unless the inheritor is a slave or a murderer (para.
478); a grandfather [as a joint successor] with a brother is entitled to an equal or greater
share in
inheritance (para. 1801); (7) In usrrl al-figh, most scholars have agreed on the neccessity of
accepting
khabar al-wa id in practical matters (para. 1248).
78Seeabove, Chapter 2.
AL-SHI IÌ'S DISCUSSION OF ÌLM(KNOWLEDGE)
ljma'and
views on
the practice (àma1 of Mad-ma in his Kitb ikhtiMMlik
89
wa-1-
Shfi `179He also opposes Ab Hanifa, who used ijma ` as a criterion to decide the
80
khabar
and
other
matters.
al-whid
validity of
3.4.4 Ijtihd
Effort
(The
Qiys
and
to form a Right Opinion
and Analogical
Reasoning)
Ijtihd is the most importance source of knowledge next to the Qur'an, the Sunna and
ijm `. It will fulfil the objective of religion as a way of life. As far as al-Shfiì is
concerned, ijtihd needs to be regulated. He argues the need for ijtihd and its proper
It
ijtihd81
is
For
him,
is
the
of
method
worth mentioning that
application.
giys
there are several groups who opposed the use of giyas as proof in the matter of laws.
They are al-Nazzm and his followers, the 7hiris (Dwd and Ibn Hazm), the Shiìs
and some IIanbalis 82 Al-Shfiì himself argues against ah1 al kalm in respect of
giyas in his Jim à]- ìlm.83
Before considering al-Shì's
theory of ijtihad, it will be useful to look
briefly at the origin of ijtihd and its palce in Muslim scholarship. The death of the
Prophet deprived Muslims of direct revelation. The search for God's law continued
after his death, but the means had to change. Muslim scholars used ijtihd to fill the
vacuum and answer current problems. Its function was to interpret the divine
message and relate it to the changing conditions of the Muslim community. Since it
is just an interpretation
of existing sources, rjtihd cannot be said to be an
independent source, but is a subsidiary one only. The primary sources are still the
Qur'an and the Sunna.
79A1-Shafiì, Kitb JPubilaf MaJJk
in al-Umm, iv, 307-324; see also Bernard,
wa-I-Shfi
"Ijdm"', 1024.
80For detailed information, see Chapter 5.
81See,Chaumont, "al-Sheri",
184.
82See al-Shawkni, Irshd al-fulrirl, 175; Karnali, Principles, 178; Badrn.
Abis 'l-Àyni
Badrn, Q$dl al-figh (n. p., 1965), 234.
83SeeChapter5.
90
The term ijtihd is from the verb ijtahada meaning "he strove or exerted
himself, or his power, efforts, endeavour or ability". M As a technical term, ijtib d is a
"lawyer's exerting of the faculties [of the mind) to the utmost, for the purpose of
forming an opinion in a case of law [respecting a doubtful and difficult point]" 85 In
form
is
ijtihd
to
effort
a right opinion. This can be achieved by
an
words,
other
is
from
ljtihd
but
the
of
revelation. Accordingly, it cannot exceed
validity
reasoning,
the authority of revelation. Ijtihd therefore is defined as "a creative but disciplined
intellectual effort to derive legal rulings from those [revealed] sources while taking
into consideration the variables imposed by the fluctuating circumstances of Muslim
86
society"
Knowledge of the practical rules that regulate the conduct of Muslims
depends on this principle of ijtihd The enlargement and thorough understanding of
the precepts in the Qur'an and the Sunna are finally systematised in the science of
figh. The literal meaning of figh
ijtihd
in
"understanding"
the
role
shows
of
as
Sunna.
Qur'an
the
the
the
regulations
enriching
of
and
As far as the problem of #66d is concerned, al-Shfiì believes in principle
that all problems faced by Muslims have an answer in revelation 87 For Muslims, the
if
However,
Qur'an
there
to
the
the
right answers all problems.
statements of
provide
is no relevant text or su na or ijm ` of the community, al-ShAfiì resorts to the
is
88
ijtihrd
The
ijtihd
to arrive at
through
the
of
giys
aim
of
of
principle
application
a right decision, or in other words to discover the will of God. The exercise of ijtihd
is done only by giyas.
84Lane, Lexicon, 473.

85Lane, Lexicon, 473.
86A1-Àlwani, Ijtibad Occasional Papers 4 (Herndon, 1993), 4.
87A1-Shfiì, al Risla 477, para., 1326, cf. Risla, 20,
al
para., 48.
88A1-Shfiì, al-Risla, 477, para., 1326.
AL-SHAFI`1'S DISCUSSION OF ÌLM(KNOWLEDGE) 91
When al-Shfiì asserts that the appropriate form of ijtihd is giys, he

explains that ijt hd must be based on the texts of the Qur'an and the Sunna.
Accordingly, he rejects ijtihd based on istihsn, which is, in his view, a form of self-
indulgence(taladhdhudh).89His view is that

"... ijtihd should not be exercised except for a specific
be
the
must
object
and
something definite that can
object,
be determined by means of evidence or resemblance to an
Thus,
it
object.
should be clear that it is
established
unlawful for anyone to exercise istihsn whenever it is not
[khabad,
is
for
by
the
narrative
whether
a
narrative
a
called
text of the Qur'an or a sunna, by virtue of which an
[unknown] object is sought, just as when the Sacred House
is out of sight it should be sought by analogy. "90
Qiys, in this sense, is a means of extending the scope of legal decisions
beyond what is stated in the Qur'an and the Sunna. It is not a means to innovate or
Qiys
is
it
is
based
two
these
sources.
only an extension
a
new
ruling
since
create
on
of transmitted knowledge 91
Al-Shfiì's sources of ìlm can be considered as akhbr: This is based on his
statement in Jima àl- ìlm as follows: "No-one is permitted, neither I nor scholars, to
say that something is lawful or unlawful, or to take anything from anyone or give it to
anyone, unless he finds that there is a text in the Book of God, in the Sunna, in ijm
it
in
(akhbr),
is
in
binding.
included
If
it
is
these
which
report
a
any
of
or
reports
not
92
".
is not permitted for us to say anything
to
the
of
giys
according
rule
except
...,
...
As far as giys is concerned, it is only a subordinate source which is used in new
by
cases comparing it to these akhbr.
89A1-Sh5fiì, al Risla 507, para. 1464.
9OA1-Shfiì,al-Risla,503f, para. 1456; trans. Khadduri, 304.
91See G. F. Hourani, Islamic Rationalism: The Ethics

of Abd al Jabbar (Oxford, 1971), 260.
92A1-Shafiì, Jima` al-i1m, 33f, para. 107-08;
cf. idem, al-Risla 503-08, para. 1456-68
(chapter on istihsn).
AL-SHAFIÌ S DISCUSSION OF ÌLM(KNOWLEDGE) 92
We can see further that these akhhbr represent knowledge based on

revelation. For al-ShWi, the source of religious knowledge' whether concerning the
laws of 'ihda (laws dealing with man's duties to God) or the laws of mu `mala (laws
is
(nass)
The
is
human
the
text
text
the source of
of
relations),
revelation.
governing
knowledge. The way to acquire knowledge lies, therefore, in an exhaustive inquiry
into the meaning of the Qur'an,
the hadith of the Prophet and the textual
interpretation of these two sources. The human intellect plays only a limited role in
death
knowledge
termination
the
the
given
of
with
of
revelation
religious
elucidating
the Prophet. For al-Shfiì, human opinion and Muslim practice were both fallible,
had
law
infallibility.
determine
the
to
with
any
claim
of
authority
and neither
One of
the poems which reflect al-Shfiì's view of knowledge proclaims that:

kullu '1-ùlmi siw 'l-qur'ni mashghalatun
i11'1-hadJthawa- ilma'l-frghi 1; '1-dlnl
al- ìlmu m kina fi hi gla haddathan
wa-ma siw dhkka waswisu '1-shayllnp3
All sciences are only distraction except the Qur'an, hadith

and the science of religious understanding;
Knowledge is that in which is found, "he said: he related to
us", anything else is only Satanic whispers
3.5 Other Features of a1-Shfiì's Discussion of Ìlm
On the basis of al-Shffiì's two other divisions of 'Mn, namely into (1) ijma
(consensus) and ikhtilif
(certain knowledge)
(disagreement), and into (2) al-ih(a fi '1-hir wa-l-batsn
and haqq fi
'1-.7hir (probable
knowledge),
we can investigate
93A1-Shfiì,Diwn, 179; H. Salih, Dirsafanniyaiishi`ral-Shfiì(Beirut,
1984), 123.
AL-SHAFI`t'S DISCUSSION OF ÌLM(KNOWLEDGE)
93
ìlm,
discussion
limits
Wm,
features
his
defence
the
the
of
namely
of
of
and
of
other
ìlm
against the sceptics and the conservatives.
of
al-Shfiì's criteria
3.5.1 The Limits of `Jim
The division of ìlm into certain and probable knowledge defines the limits of both
ilm al- `tn ma and
n al-kbsm. According to al-Shy ì, knowledge which is
God's
Surma
from
text
through
of
command,
explicit
or
a
passed
an
acquired
is
ihta
(kbabar
17'1-zhir wa-I-b(in (certainty
to
mutewtir),
generation
generation
based on comprehending
both
surface appearance and underlying
reality).
Knowledge which is acquired through other sources, i. e. sunny min khabar a1-khcsa
(a tradition from the specialists' report),
`Jim ijrna ` (knowledge derived from
consensus), or hm ijtihd bi-giys (knowledge derived from #0d
through qiyas) is
only probable knowledge (bagq ft '1-zhir)4 Al-Shii`l gives a simple example to

distinguish between the two types of knowledge, his famous example of someone
who prays in front of the Ka`ba. In this case, there is no doubt at all concerning the
direction of the gibla. Thus, perceiving an object directly leads to certainty. But when
intellect
it
his
is
far
from
Ka`ba,
he
has
through
to
the
away
conceive
someone
guided by data of the senses. This, according to al-Shfr1,
leads to probable
knowledge 95
Al-Shfiì is of the opinion that the above sources are essential in order to
derive any hin
in the context of frgh and ijtihd. Al-Shfiì
knowledge three times in his discussion on giyss`

discussion on ikhtilAO
explains probable
it
in
his
again
and raises
As well as the term hagq II 7--hir, 98he also uses ihta bi-
94AI-Sh5fiì, al-Risla, 478-79, para., 1328-32; see Calder, "Ikhtilaf

Shehaby, " Ìlls", 33.
and
95Shehaby,"Ilka", 33-34.
96A1-Shufi al-RisII 478, para. 1328; also 480, para. 1335 and 485,
1368.
para.
,
97A1-Sh5fiì,aIRisMa, 599, para. 1816.
98A1-Shifiì, aIRisala, 478, para. 1328.
62; also
AL-SHAFIÌ'S DISCUSSION OF 'H-M(KNOWLEDGE) 94
hagq
'1- bk don al-btin, 99hagq bi-1-Mbir dien al-blin, 100and hakamn bi-l-hagq
11 '1zfiir. 101 All of these terms define the scope of probable knowledge. For
example, knowing the uprightness of a man, or knowing whether someone is a
Muslim or not in cases of marriage and inheritance, is knowing what is only
for
102
know
We
do
certain any man's inward character. Al-Shfiì's
not
probable.
reasoning is that all decisions taken are most likely based on outward considerations,
and in applying giys, for example, differences of opinions are inevitable between
103
one person and another.
Let us briefly discuss the sources of probable knowledge. According to alShfiì, khabar al-khssa is any hadith related by specialists on the authority of the
Prophet, his Companions and Successors. It may be found either with all or with only
a few scholars. Al-Shfi`l holds that Muslim scholars should try to acquire and be
well-acquainted with such traditions, because they are transmitted on the authority of
the Prophet whom all Muslims agree to obey as an obligation. It is the duty of
scholars to accept any such khabar as binding on them. However, the nature of
lchabar al kbsa does not permit it to impart certainty because transmitters may
commit errors in its transmission. That is why khabar al-kh
a attains only the
standard of probable knowledge, and its interpretation may vary from one scholar to
another. The general public cannot be expected to be familiar with it. 104This aspect
of the authenticity of khabar al lrhcsa will be discussed in the next chapter.
As far as knowledge derived from ijma' is concerned, al-Shfi`3 gives only a
brief statement. He refers to it as " `llm ijm `"
99A1-Shfiì, al-Risla, 480,

para. 1335.
1OOA1-Sh.
fiì, alRisla, 485, para. 1368.
1o1A1-Sh ì, alRisaia, 599, para. 1816.
102A1-Shfifiì, al-Risla, 481-82, para. 1346-54.
103A1-ShaWI,al Risla, 482, para. 1354.
104A1-Shdfiì, a/ Risla, 478-79, para. 1330.
105A1-Shfiì, al-Risla, 479, para. 1331.
(consensus knowledge). '05 The
AL-SHAFIÌ'S DISCUSSION OF 'ILM(KNOWLEDGE)
95
Ijm
ìs
71m
to
categorised
why
as
under
arises
al khdssa. The reason is that
question
#m` refers to the consensus of the scholars of the community, and is therefore `!Im
Furthermore,
by
definition.
al-khssa
ijm ` begins with the personal ijtihd of a
ijtihd
in
the
collective
of a particular community or group of
and
scholar
culminates
ijm
òriginates
from
human
In
words,
effort and is not directly based
scholars. other
106
Sunna.
the
on revelation or
Finally, knowledge on the basis of ijtihd through giys (analogy) is included
'7
knowledge.
Al-Shfi`1 asserts that by means of
the
category of probable
under
However,
because
decision
is
the
sought.
of its nature, the judgement
giys
right
derived by the mujtahi s through giyfis is true only for them, and scholars are not
obliged to follow the ijtihd of others. This is because knowledge attained from the
level
'8
is
knowledge.
Qiyds
the
of
probable
of
giys
only
not certain.
exercise
attains
Nevertheless, when a decision on thepoint oflaw, is needed, the judgement
made must be based on evidence. Al-Shfi`3 says "hakarnn bi-1hagq it '1-Mhil' (we
have made the decision correctly according to probable knowledge). 109Al-Shfiì
provides a guideline for decision making. He says at the end of al-Risla that:
"I could make a decision against a person either on the
basis of my knowledge that the accusation made
against him was right, or on his [own] admission. If I
neither had the knowledge or if he did not confess, I
could decide against him on the basis of [the testimony
of] two witnesses [of just character]. Since witnesses
may make mistakes or be confused, my knowledge and
the [defendant's] admission would be stronger
[evidence] against him than the [testimony of] two
witnesses. I could [also] decide against him on the
strength of [the testimony of] one witness and the
[plaintiffs] oath; but [such evidence] is weaker than
the [testimony of] two witnesses. I could also decide
1()6A1-Shfiì, a1Risla, 471, para. 1309; Calder, "Ikhtildfand ijm1", 73,77.
107A1-SShAfiì,
al Risla, 479, para. 1332.
1OSA-Shafiì explains that "nobody knows what is hidden
except God", al-Shfii,
479, para. 1332; trans. Khadduri, 290.
109A1-Shì, alRisala, 599, para. 1815.
al-RisNa,
96
against him if he refused to take an oath whereas the

plaintiff did take an oath; but [such evidence] is weaker
than the [testimony of] one witness and the oath, since
the accused's refusal might have been the result of his
fear for his reputation or his feeling that the matter was
too insignificant for an oath, whereas he who did swear
an oath on his own behalf might be a covetous or
debauched person. "i l0
In conclusion, al-Shawl
has succeeded in defining
the scope of
ìlm.
Knowledge can be certain when it is transmitted by general or mutawtir report,

which includes the Qur'an and the Sunna. On the other hand, there is probable
knowledge that may be true in appearance only. Under the category of probable
knowledge are khabar al-khssa, the ijm òf the scholars and giyas. However, in the
scholarly exercise, probable knowledge is in practice the most important kind.
Scholars need to establish reliable interpretations by applying ijtihd. This field of
probable knowledge is highly susceptible to criticism by sceptics, who will only
accept knowledge as reliable if it is based on clear sources. Looked at from this
perspective, the importance of al-Shaft i's contribution becomes clear.
3.5.2 Against the Sceptics (ahl al-kalm) and the Conservatives (ahl al-figh)
From al-Shfiì's discussion of `1/rnand its sources, we can see that he identifies two
main sources of knowledge: the revealed text (nass), and inference (istidll) from the
text. 111Al-Shfiì discusses the two sources under the headings of bayn (declaration)
and giyffs (analogy). On the basis of these two sources, ìlm, according to al-Shfiì,
may be divided between the categories of &j
'and ikhtilf. The former indicates the
body of knowledge that is agreed by the Muslim community, and the latter indicates
the body of knowledge where there is dispute. 112
110A1-Shfiì, al-Risla, 600,
para. 1821; trans. Khadduri, 351-52.
111A-Sh
ì, al Risala, 19, para. 42; see also Safi, Foundation of Knowledge, 35.
112J-ShMì, al Risla, 40, para. 126; for detailed treatments
of ljmi? ; see, alRlsMa, 471-76,
paras. 1309-20 and Ikhtilaf, 560-600, paras. 1671-1821; cf. Khadduri, Sh07's Risla 285-87 and
333-352 respectively; Safi, Foundation of Knowledge, 35.
This division of ìlm implies an endeavour on the part of al-Shì
97
to defend
his concept of 71m against the attacks of ahl al kalm (the sceptics), and to combat
This
is
from
In
discussion.
al-figh.
ah1
already
among
our
evident
conservatism
putting 71m under the category of ljm , in lawful and unlawful matters, al-Shfiì's
Um
`
defend
basis
is
The
ijm
intended
to
the
the
of
against
sceptics.
effect
of
motive
is stability
in basic legal rules. Al-Shfiì
realises, however, that excessive
dependence on ijm ` could have a negative effect. That is why he limits Ijm ` to
far'id (obligatory religious duties) such as prayers, zakt, fasting and others. Thus,
ijma is a juristic concept and in al-Shfi`3's view is quite limited. 113In al-Shfiì's
in
ijm
`
to
the realm of 71m alespecially
every
matter,
not
view,
should
apply
khssa.
It is likely that al-Shfiffi
is trying to restrain conservatism when he confines
the application of ijm ` to obligatory religious duties. According to Kamali, ijm ,

has been regarded primarily as an "instrument of conservatism and of preserving the
heritage of the past. This is obvious enough in the sense that whatever is accepted by
the entire Muslim community as true and correct must be accepted as such". 114To
keep back the conservatives, al-Shfifiì contradicted Malik, his own teacher, to show
the people of Egypt that Malik was merely a thinker who could be wrong. He also
acknowledges the possibility of ikhtil'f in the details of religious knowledge. It is
focus
ikhtilfis
knowledge
that
the
of almajor
worth
noting
a
also
category of .
under
Shaffi. He tries to show this aspect to his fellow scholars. For him, knowledge of
ikbtilfis
very important. That is why in his Kitb ib(1 al-istihsan, he states that it is
necessary for anyone who wants to make a judgement or to exercise giys to be

acquainted with ikhti1t
5 As far as ikhtilf is concerned, al-Shfiì defines it as
113Calder, "Ikhtilefand Jjm', 72,80.

114Karnali, Principles, 171.
115A1-ShAWi,Kitablbtal a1-istihsan, in
al-Umm, vii, 301-302; This view is also supported by
others, for example al-Shtibi quotes the saying, "whoever does not know the place of ikhtilf does
not reach the level of ijtihad', al Muwfagt, iv, 160-1; see also Qadri, "Ikhtilap', 368.
AL-SIIAFIÌ'S DISCUSSION OF MM(KNOWLEDGE)
98
"judging a single matter in different ways". What he means is that there could exist
For
to
single
problem.
a
many answers
example, in deciding the direction of the
disagree
two
with each other concerning its direction. Even
may
persons
qibla,
though such an example is now out-dated, it shows how ikbtildf can happen. The
same applies to accepting the testimony of witnesses (shahda).116It is possible that
two judges could decide differently on the testimony of different witnesses. One of
them might accept one person's testimony while the other rejects it, and in this way
ikhtil
'occurs. In addition, ikhtilf is accepted in the (iadith, "If a judge makes the
be
doubly
decision
ijtihd,
he
through
shall
compensated; if he errs, he shall be
right
compensated once."7
In exercising ijtAld,
there is always the possibility
for
ikhtildf to occur. Differences of opinion may occur in applying giys, for example,
when jurists cannot precisely identify the ìlia (effective cause) in the texts.
Why is there ikhtilal?
ikhtil
Al-Shtibi has identified eight important causes of
'among the fugah . Most of them are related to the occurrence of ambiguous
evidence such as the use of words that carry more than one meaning, the metaphoric
use of words, whether the evidence has a general or specific meaning, differences
between reports and texts which are liable to several interpretations. 118Al-Shfiì
by
is
his
ikhtildf
that
the
the
used
unsystematic method
main cause of
observes
.
For
doctrine.
in
document
to
they
their
the
alused
materials
predecessors organising
Shfiì, religious knowledge must be based on the four sources and the hierarchical
order of these sources must be strictly observed. Thus we find al-Shfiì on many
occasions criticising his opponents for taking evidence from the bottom, and not from
the top of the hierarchy. 119For Ab Hanifa and Millik, for example, the principle of
116A1_Shfì,al-R.isla 487-90, para. 1377-91.

117A1-Shfiì,al-Ris a, 494, para. 1406-09.
118AbaIsbaq al-Shtibi, at-Mu wafagat1u$al al-figh, 4
vols. (Cairo, n.d), iv, 211-14
119Abd Zahra, al-Shlxl 28.
giys or ijm ` in some circumstances took priority over the Sunna, i. e. khabar alwhid 120
Ikhlihif is always associated with ijtihd For al-Shfiì, ikhtiJaf must not
occur in matters of basic religious principle, for instance, in Wm al- `rnma. That is
why he says, "Disagreement is of two kinds: One of them is prohibited, but I would
121
Thus
the
the
other".
scholars are forbidden to disagree in
same regarding
not say
any matter where God has provided clear textual proof in His Book or the Sunna of
His Prophet. On other matters, al-Shfiì allows room for differences of opinion.
Al-Shfiì's
important
discussion
71m
is
an
of epistemology in
account of
Islam, even though it is limited to Islamic jurisprudence and its principles. For him,
there is a need for reliable documentation to support any religious viewpoint.
Without this support,religious knowledge would lack of any external proof.
120Cf.Chapter2.
121pd_Shfì, al-Rlsala,560, para. 1672; trans.Khadduri, 333.
CHAPTER 4
AL-SHAFIÌ'S DISCUSSION OF KHABAR AL-WAIHID AS
A SOURCE OF ÌLM
One of the crucial
questions in Muslim
thought
is the authenticity
it
khabar
created considerable
and
nature of
al-wlhid,
and binding
discussion between al-ShGì
'
focus
is
The
his
this
of
chapter
on al-Shfiì's
contemporaries.
and
view of the
matter.
4.1 Al-Shfiì's Concept of Khabar

Khabar a1-whid is connected to al-Shfiì's
second source of knowledge, the
Sunna. His discussion centres on the question of how to obtain knowledge of the
Sunna of the Prophet, and he takes the view that the Sunna is best known through
khabar. He discusses the function of khabar of the Prophet as a vehicle of the Sunna
and gives a thorough exposition of his views in his major works, namely al-Risla,
Kitb Jima ` a]-71m, Kitb ikhtilf al hadith and Kitb ikhtilf Malik wa-1-Shall Y.
His ideas are presented in the form of a reported dialogue between him and his
unnamed interlocutors. As far as his interlocutors are concerned, al-Shfiì in his
Jima ` al- ì1m identifies them only as those who do not accept the khabar of the
Prophet, comprising ab] al-kalm and certain fugah . In his Risla, he devotes a
long chapter to discussing khabar a1-whid, in which the focus is on khabar a]whid as a legal proof (huj a).
1Fordetailed information seeChapter5.

100
KHABAR AL-WAHID AS A SOURCE OF 'ILM
4.2 Two Types of Khabarin
101
a1-Shfi`!
Al-Shfiì divides khabar into two types, namely, khabar al- `mma and khabar alkha a (the specialists' report). Khabar almma denotes khabar mulawtir as it is
called by later scholars. In his Ikhtilf
a1-hadith, al-Shawl defines both types of
khabaras follows: 2
Khabar al- `mma is a report transmitted by many narrators of each
Prophet.
Examples
the
the
of
authority
of this kind include reports on
generation on
the numbers of rakas in the prayers, fasting in the month of Ramadan, the
prohibition of evil deeds, and God's claims on a person's wealth. Such reports carry
injunctions concerning words and deeds to be implemented by all men, including
scholars as well as the masses. They are not permitted to be ignorant of them, and
every member of the Muslim community is obliged to accomplish these duties. 3
Khabar al-khssa is a report which deals with the details of legal decisions
(khss al-ahkm), and it is not a duty of the massesto acquire it. This is because the
masses for the most part cannot understand this kind of report, unlike the first kind,
i. e. khabar a]- `mma. The duty to acquire knowledge of these reports is laid on the
scholars and not on the ordinary public. Examples of these reports include the duty
of sujird al-sahw (the prostration of forgetfulness) in prayers, specifically in which
circumstances it is obligatory and in which it is not; what invalidates the pilgrimage
rites; and what makes the sacrifice of a camel (al-badana) obligatory. None of these
are mentioned textually in the Book. Only scholars know this kind of report. 4
2See, al-Shfiì, Ikhtilf al-hadith, in

al-mm,
vii, 476; idem, Ikhtildf al-hadith, ed. alUstdh Muhammad Ahmad Àbd al-Àziz (Beirut, 1986), 13f (My reference will be to Àbd
alÀziz's edition).
3A1-Shfif1ì, A-bLUfal-hadith, 13.
4A1-Shfiì, Ikbtilfal-hadith, 13f.
KHABAR AL-WAHIDAS A SOURCE OF ÌLM
Al-Shfiì
102
adds that since a report of this kind comes from a single
transmitter, its authenticity depends on the truthfulness of the transmitter. However,

by
its
type
this
reason
of
report
nature as a single-transmitter report is
of
rejecting
be
All
must
accepted as true on the face of it, as is the case
reports
not admissible.
with the legal testimony (shahda) of witnesses .5
Khabar al- `mma, whose transmission is beyond any doubt, is not alShfiì's major concern because it is commonly known in the Muslim community
and there is no question about it being legally binding. His main concern is with
khabar al khssa as a hu#a (legal proof). He argues strongly in favour of khabar a]whid, and devotes much thought and argument to convincing his fellow scholars.
To this subject we now proceed.
4.3 A1-Shfiì's View of Khabar al-whid

Al-Shf ! defines khabar al-wOid as the "report of one man from another going
back until it reaches the Prophet, or whomever it reaches", that is to say, a
Companion or Successor.6 That is to say khabar al-whid depends on a single
authority in its line of transmission (isnd). Is the report of one-man reliable
knowledge? Can a chain of transmitters be a valid criterion of authenticity? The
answers are important since on khabar al-whid depends the Sunna of the Prophet
that Muslims wish to practise. Al-Shfiì answers as follows:
Firstly, he sets criteria for the acceptance of khabar under which transmitters
fulfil
certain requirements.
must
Secondly, he argues against any attempt to discredit khabar al-whid by
it
legal
testimony (shahda).
with
comparing
SA1-Shfii, Ikhtilf a!
-hadith, 14; seebelow (4.6).
6A1-Shfiì,al-Risla,369, paras.998-1000.
KHABAR AL-WIID
Thirdly, al-Shfi i claims khabar al-word
AS A SOURCE OF ÌLM
103
is transmitted by mubaddithln
(scholars of hadith).
Finally al-Shfiì gives positive reasons why khabar al-wahid should be

accepted. He does so by referring to the Qur'an, the Sunna, the practices of
Companions and Successors, and ijma
4.4 Criteria for the Acceptance of Khabar a]- wld
According to al-Shf 1, khabar al-whid cannot become evidence unless it fulfils
certain criteria for reliability. Every khabar other than khabar al `mma must fulfil
these conditions,
and must be verified
by examining
the reliability
of its
transmitters. His criteria are as follows:
1. One who relates a report (khabar) must be reliable (thiga) in matters of

religion;
2. He must be acknowledged as truthful in his speech;
3. He must understand what he transmits;
4. He must have sufficient knowledge of the language to recognise words
which can change the meaning of the hadith;
5. He must transmit the exact words he heard and not report merely the
meaning of the hadith. The reason is that if he transmits only the meaning,
he may be unaware of what might change its meaning. He may change
something lawful to unlawful or vice-versa. If he transmits word for word,
there is no reason to fear a change of meaning;
6. He must memorise the text precisely if he relates from memory; if he
relates from a book or written text, he must know it by heart;
7. He must be completely free from tadlis (interpolation).
104
A mudallis,
is
he
has
from
to
a1-Shfiì,
a
person
who
whom
reports
someone
according
met but from whom he has really heard nothing. He can also be a person
Prophet
the
to
something, which contradicts a report of those
who attributes
who are more reliable;?
8. These requirements are applied to those after and before the transmitter in
or
back
Prophet
his
transmitter
to
the
the
of
reaches
chain
question until
Companions or their Successors. Al-Shfiì's rationale here is that everyone
in an isnd has verified a hadlth as he received it, and that each transmitter
has also verified it for him to whom he passed it. Al-Shfiì concludes that
what he has said must apply to every single transmitter of a hadith. 8
From the above criteria, it is clear that al-Shfiì's responseto khabar is to

"external
his
We
its
transmitters.
vindication" since he
approach
examine
can call
its
He
khabar
first
transmitters
the
the
reliability
of
verifies'any
with
evidence of
-9
Al-ShW!
khabar.
determine
this
to
truth
the
says,
criterion
of a
uses
"Nor was my search for knowing the veracity of him [alShfiì's own teacher] who related a tradition to me more
of an obligation than my quest for knowledge of the
veracity of those from whom he had received the
tradition. For as far as all of them are concerned I know
all I need [to know] about those from whom I receive a
tradition, since all of them confirmed the narrative as
received from those before them and handed it on to those
after them. "1
The question of how one can assess the integrity of the transmitters of a
report is important. According to the muhaddithn, the necessary qualities for the
transmitters of hadith are four, namely belief in Islam, àql (intelligence),
7A1-Sh&FI%al-Rislt 370-71, paras. 1000-01; trans. Khadduri, 239-40.
8A1-Shì, al-Risla, 371-72, para. 1002.
9 The term is taken from E. Fricker, "Telling
and Trusting: Reductionism
Reductionism in the Epistemology of Testimony", in Mind, 104 (1195), 409.
àdla
and Anti
KHABAR AL-WAHID AS A SOURCE OF MM
105
(integrity or uprightness) and dab( (retentiveness). 11The first two are only general
in
any case included in the meaning of àdla, which
are
requirements, and
in
"the reporter's being mature, a Muslim,
Ibn
to
consists
al-$alah
according
intelligent, and void of tendencies to impiety and vagaries of opinion". 12It is clear
that the transmitter of hadith can be anyone who attains the requirement of integrity
and retentiveness. Females, slaves and non-jurists alike can be a transmitter. To
determine a transmitter's integrity, he or she needs the affirmation of at least one
upright person, or to have been admitted as a witness in court, or to be known to
have had a fagib rely on his or her report. 13
In his Risla, a1-Shfi`3defines àdl (just or upright) as "acting in obedience
to God. Anyone who seems to be acting in such a manner is an upright person
( `dil) and anyone who acts in a contrary manner is regarded as lacking in àdl."la
Al-Shawl
is more specific when describing the conditions for witnesses of just
character. For al-Shawl,
àd1is an inner attribute, and cannot be identified with a
man's body or his word. On this basis, al-Shdfiì formulates a means to distinguish
between just
and unjust
witnesses. According
to al-Shf ì,
àdl can be
distinguished by two qualities, namely the evidence of truthfulness reflected in a

person's behaviour, and good behaviour itself. Al-Shfiì
holds that no one is
devoid of sin, and therefore accepts the testimony of one who in general is good.
But one whose goodness is less clear-cut cannot automatically be accepted. The
acceptance of his testimony depends on interpretation. It is up to the scholars to
10A1-ShViì,alRisla, 377, para. 1027; trans. Khadduri, 243.
11Seeal-Khatib, Usri1alhadith, 230-32.
121bn a1-$a1.,, Ùliirn al-hadith, 104; trans. Edward E. Salisbury, "Contributions from
Original Sources to our Knowledge of the Science of Muslim Tradition", in JAOS, 7 (1862), 63.
13Kamali, principles, 73.
KHABAR AL-WAHID AS A SOURCE OF ÌLM
106
find out which qualities are dominant, the good or the bad. If the good are more
be
However,
in this situation, disagreement
his
testimony
will
accepted.
apparent,
is unavoidable. The conclusions reached by one scholar may sometimes differ from
those of another. 15
Besides àdla, another important quality for the transmitter of hadith is
dab( (retentiveness). In hadith terminology,
(h
[mutayagqi?
]
mindful
and
observant
dab( refers to the "reporter's being
], not heedless nor careless, nor dubious,
whether in taking up tradition or in reciting it; for, if he gives out tradition by his
it
his
he
by
book
if
he
he
be
out
gives
must firmly hold
must
mindful, and
memory,
to that, and if by the sense [ wa-in haddatha bi'1-ma `n], he must know how to seize
the sense".16Dab( is also determined by comparison of a transmitter's report with
the report of other reliable authorities, known for their retentiveness. 17This quality
following:
is
the
transmitter
the
commits
one
of
of retentiveness undermined when
(1) shows frequent carelessness (kathrat al ghafla); (2) makes frequent mistakes
(kathrat al-ghalalj; (3) disagrees with reliable authorities (mukhlafat al-thigt); (4)
ls
hifz).
(5)
(s'
impression
(al-wahm)
and
shows
poor
memory
aI
shows erroneous
Although the term dab(does not occur in al-R& Va, a1-Shfiì touches on the
issue indirectly when he discusses the criteria for accepting a 4iadith. According to
al-ShaWl, a report must be rejected if its transmitters make frequent mistakes in
transmission and do not relate the report from a sound copy of written texts. This
14A1-ShMiì, al Risla, 25, para. 71 and 38

paras. 115-16; see also M. Khadduri, The Islamic
Concept of Justice (Baltimore, 1984), 145.
15A1-ShifiÌ,alRisla, 493, paras.1402-06;Khadduri, Justice, 145.

16Salisbury,"Contribution", 64; seealso Ibn al-$allh, Ùhim alhadith, 104-05;
al-Kha(ib,
Usl, 232.
17A1-Khatib, Usril al-hadith, 232.
18Salisbury, "Contribution", 66.
107
dab(is
that
the
quality
of
absent from the transmitters. This fatal flaw occurs
shows
in testimony if witnesses frequently make an error. This discussion about the
transmitters of hadith then leads al-Shfiì on to discuss those who are expert in
hadith. 19
In conclusion, there are two important criteria for the assessment of

transmitters of hadlth, namely àdla and ON
Both criteria are used to determine
the reliability of transmitters.

4.5 The Comparison
between Accepting
Khabar
al- whid and Accepting
Shahda (Legal Testimony)
This comparison is made because al-Shfiì's interlocutor is familiar with the

procedure of shahda (legal testimony)20
Before we proceed, it is important to
know the definition of legal testimony. Legal testimony is "a report of what one
has witnessed made before a judge with use of the precise word of `testimony'. "21
In order to be accepted testimony normally needs two male witnesses, or one male,
together with an oath. The argument is made with this provision for legal evidence
that khabar al-wlhid falls short of legal proof since it is related by a single
transmitter.
It is generally sound to draw a parallel between khabar and testimony

because both of them are forms of reports. Though testimony given in court is
formal, since it uses some performative formula, such as "I testify", it is, in fact,
the adaptation of an everyday phenomenon or non-formal situation in which
19Seebelow (4.6).
200n legal testimony, see for example S. Mahmassani,Falsafat

al-tashri` fi '1-Islam (The
Philosophy of Jurisprudencein Islam), trans.F. J. Ziadeh (Shah Alam, 1987), 176-89.
KHABAR AL- WAHID AS A SOURCE OF ÌLM
108
his
"I
have
report ..." or "He says". Furthermore, if we look at the
says
someone
conditions for a witness, that is, one who gives testimony, we can see many
similarities between the conditions for testimony and those for khabar al-whid
Among the conditions for a witness are the following:
1. Having accurate knowledge (i1m) of what he is talking about and having

perceived it with his own eyes and ears;
2. Being mukallaf(legally
capable, sane in mind, compos mentis);
3. Being a free man;

4. Being a Muslim (if he is giving evidence in a case brought against a
Muslim);
5. Being in full possession of his mental faculties;
6. Being àd,
7. Leading a decent and moral life (the quality of muruwwa);
8. Being above suspicion. 22
Some of these conditions are quite similar to those for a reporter of khabar,
such as being a Muslim, having mental capacity, and possessing upright character
( àdd However, there are also some differences. For example, in testimony, the
.
witness must be a free man, not a slave, and his testimony must be based on firsthand experience. A report can be based on a third-party statement.
21A1-Jurjni, al-Ta`rift, s.v.,

al-shahda
22W. Heffening, art. "Shahid", in EI', iv, 261.
109
A1-Shiiì acknowledges that to some extent khabar al-whid and testimony

are parallel, but argues strongly that they are fundamentally different. He has good
is
khabar
a source of 71mbut not of testimony. To al-Shy ì,
al-whid
reason since
khabar is sui generis (aslun
nafsi hz) 23 Al-SWIM
considers khabar to be an
autonomous source of `Jim, and rejects the effort to compare it with testimony. He
elaborates the differences between khabarand testimony as follows:
1. Khabar needs only one reporter, who may be either male or female.
Testimony requires two male witnesses or one male together with an oath.
2. Testimony must be based on direct witnessing and use phrases such as "I
heard", "I myself saw", or "I witnessed". Testimony thus contrasts with
khabar, for which it is only necessary to say "this man related it to me from
that man". Khabarcan be a third-party statement.
3. Any contradictions
in testimony
may result in its rejection, but this is not
the case with khabar. If two khabars are in conflict
with each other, they can
be harmonised, or a choice can be made on the basis of the Book, the Sunna,
ijm'arid
glyas.
4. Generally any individual Muslim can give testimony. This is not true of
khabar. Only khabar from certain individuals who possess certain qualities
can be accepted. In this case, the acceptance of khabar is dependent on more
onerous proofs than acceptance of testimony. The transmitter of khabar must
be scrutinised in case of his changing words or omitting words, which then
affect the meaning 24
182.23A1-Shfiì,
24J-ShMjì,
al-Risla 372, para. 1006; also 384, para. 1051; Hasan, Early Development,
al Risla, 372-73, paras. 1008-14
KILOBAR AL-WAHID AS A SOURCE OF ÌLM
110
For al-Shfi`3, the comparison between accepting ihabar and accepting

testimony is a weak argument. Both have their own conditions for acceptance as
valid evidence. AI-Shfiì
pays much attention to this problem because the
procedure for testimony is used as an argument to undermine khabar al- whid.

Besides showing the differences between testimony and khabara]-waaiid, alShaf i also uses some of the rules of testimony to confirm the acceptance of khabar
al-whid. He refers specifically
to the testimony of one woman concerning
is
the
woman,
which
accepted by all. He points out that
a
childbirth and
chastity of
khabaral-whldis
more secure than accepting the testimony of a single woman. 25In
order to be accepted as reliable, a hadith must fulfil all the conditions in respect of
its transmitters which have been mentioned earlier. He says, "We have held the
same opinion [as the testimony of one woman relating to childhood] concerning the
confirmation of the single-individual
tradition, based on reasons all of which are
"26
than
that
the
testimony
women.
stronger
of
permitting
Al-Shfiì
argues that even though the Qur'an never mentions witnesses
unless they are at least one male and two females, it never actually prohibits the
testimony of one witness 27 His interlocutor is unable to give a ready answer to this
argument.
In conclusion, al-Shfiì makes the above comparison between khabar and
testimony in order to demonstrate the binding nature of khabar al-wajild. As far as
he is concerned, khabaral-whid should be accepted if its transmitters are proved to
be reliable and trustworthy. The same procedure applies to legal testimony, that is to
say, when a judge considers witnesses trustworthy, their testimonies are accepted.
25A1-Shafiì, al Risla, 390, para. 1078.
26A1-ShMfiì,al-Risla 390, para. 1078; trans. Khadduri, 248.

27A1-Shfiì,al-Risla,387, para. 1076.
KHABAR AL-WAHID AS A SOURCEOF'MM
111
Thus, this argument further strengthens al-Shafiì's thesis that khabar al-wJhid is a
source of ìlm.
4.6 Khabar al-wiiiid
as Expert Reports
Khabar al-w iid can be considered as expert reports which are transmitted by
experts in fiadith (muoaddithin). In this section al-Shfiì's view of them as such
will be analysed.
According
to al-Shafiì,
experts
in
hadith
are of
different
28
grades.
According to al-Tahnawi, they consist of four grades: (1) al-flib (the student) he
is the beginner and seeker after hadith; (2) a1-muhaddith (the traditionist)
accomplished
iminr,
teacher (al-usldh
al-kmiI
he
is
the
-
and also known as the shaykh or the
(3) a1-hr 'if (the magnate in learning or one who has attained expertise); (4)
al-hujja
(the specialist or highest authority). 29 Al-Shfiì
general as ahl al-hadith, or muhaddithirn.

known [for their knowledge]
refers to them only in
He defines them as those who are "well
of tradition; who make every effort in their search for
it, listening to their fathers, uncles, next of kin and friends, as well as spending long
hours in the company of scholars and disputants in the field. "30 In al-Tahnawi's
definition,
a muhaddith is
"one who has been a writer and reader of tradition, and
has heard it and committed to memory, journeying to
cities and towns, and who has summed up principles, and
noted special rules, from books of sustained tradition, of
archa; ology and of history, to the number of nearly a
thousand as reported, and is solicitous that it should be
known" 31
2 AI-Shfiì, al-Risla, 382,

para. 1045.
`9AI-Tahanawi, Kashsh. l; i, 27;
see Salisbury, "Contribution", 61-63; al-Khatib divides ab]
al-hadith into six groups: (1) /a/ib al-,fzadrth, (2) al musnjd,, (3) al-mu) addith; (4) al-Wir, (5) al&'Jkim; and (6) amiral-mu'minin B7-had th, see a1-Khalib, U$til, 448-49.
30A1-Shafiiì,al-Risala, 382, para., 1046; trans. Khadduri, 245.
31A1-Tah5nawi,Kashshfd, i, 282; trans. Salisbury, "Contribution",
62.
KHABAR AL-WAHID AS A SOURCEOF ÌLM
112
The authority of ahl al-fiadith is fully recognised by al-Shfiì. Al-Shf!

in
forefront
in
the
them
respect of memorising (al-hifi) of hadith. Hence it is
puts
preferable to accept their Ihadith when there is a contradiction between their
transmission and that of others who are less capable (ahi al-tagcir ànhu) 32 Abmad
Muhammad Shkir points out from the context of al-Sh&fiì's writing, that he takes
ahl a1-hadilh as a model for deciding the reliability of any hadlth.33For example,
when they engage in discussion to consider a /hadith related by a certain man, its
reliability is decided according to whether or not it agrees with the memory of one
of them, or is supported by ahl al-hifi (people who have memorised hadith and
learned by heart)34
In the case of conflicting
modes of transmission
(riwaya),
a1-Shfiì's
solution is to decide which lhadith is properly memorised and which is mistaken

sha1aO. However, he does not elaborate further. A1-Shfiì only says, "One can
then tell from the error and other indications
therein what the truth is". 35 This
statement implies that there are methods of verifying conflicting
hadith. 36
Besides talking about the experts in badith, al-Shfiì here indirectly
touches
on the method of hadith transmission. However, he mentions only the direct method
of transmitting
hadith by samj` (direct hearing of an oral communication
of the
38
form.
It can be
Ibn
highest
37
This
is,
to
the
master or vhaykh)
al-Salh,
according
conveyed through expressions such as haddathani (he narrated to us), akhbaran (he
reported to us) anba'an (he told us), sami`tu (I heard), or gla lan fuln (so-and so
said to us) 39 Other methods of transmission of hadith are as follows:
32AI-Shafiì, al-Ris. lla, 382-83, para. 1046.
33A1-Shafiì, a!Risala, 383, 4;
n. see above (4.5).
34A1-Shifì, al-RAM, 383, para., 1047
35A1-ShA1iì,alRisila, 383, para. 1048
36Scebelow (4.8).
3lA1-Shafi`t, al-RisIa, 382, para., 1046.
381bna1-$a1h, `111rimuJ-With, 132.
39AI-ShatTI, al-Risaa 379, para. 1032.
(1) ginl'a
113
(reading aloud in the presence of the shaykh); (2) ijza (getting permission to
transmit a hadith or a book on the authority of a certain scholar without having read
the book to him); (3) munwala (obtaining a compilation of hadith together with
permission to relate it to others); (4) muktaba (written communication); (5) ! `1m
(certification from muhaddithn that the student has received a certain amount of
hadith); (6) waciya (obtaining the work through a bequest) (7) wijda (discovery of
hadith in a book, perhaps after the death of its owner) 40
As far as the intention of a muhaddith in transmitting a report is concerned,
He
is
holds
his
intention
that
sincere.
argues that the muhaddithtin do not
al-Shfiì
dith
benefit
they
transmit
a
concerning unlawful or lawful
when
gain any material
things. In legal testimony, such an intention of gaining some benefit may be present,
especially in the case of testimony on behalf of near relatives. Testimony can be
given for money. This problem does not arise in transmitting a report. Furthermore,
a hukm is derived from the report, it is binding to all Muslims, that is, on its
transmitters as well as other Muslims 41 That is why, according to al-Shfiì, hadrth
related by ahl al hadith can be relied on.
A hadith is well authenticated if it is related by any of the muhaddithim. In
certain circumstances, a report by an ordinary person is also reliable. Here al-Shfiì
speaks about an inner aspect of man. He believes that in some critical conditions, a
man tends to speak correctly and soundly. He gives as examples when a man is in
fear of death, especially during an acute illness or on a journey, or at a time of
remembering death (dhikr al-mawfj, or in other similar states that rouse him from
negligence. All of these circumstances, according to al-Shfiì, produce positive
401bn al-$alh, ìjj

al-hadrth, 132-81; see also Siddigi, Hadith, 86; Salisbury,
"Contribution", 75-78; James Robson, "Tradition, the Second Foundation of Islam", MW, 41 (1951),
27-29.
41A1-ShWi, alRisdla, 392, para. 1086.
KHABAR AL-WAJiID AS A SOURCE OF ÌLM
114
feeling
God),
(fear
tagw
of
namely
a
strong
of
good intentions, clear
results,
thinking and little risk of forgetfulness 42
Al-Shffi
argues that in such circumstances, a normally
untrustworthy
person might well become trustworthy. With regard to hadith, his transmission can
be reliable and his hadith may be regarded as fully trustworthy. Al-Shfiì provides
two reasons for his view. First, that such a person impressed with the sense of
tagw. Second, if not tagwa, he has at least a sense of shame (hays) at the thought
of undermining people's trust in hadith. Furthermore, his hadith is not to his own
himself.
bring
benefit
However,
defend
to
to
to
or
al-Shfi`l does
advantage, either
is
After
deny
is
there
the possibility that the
that
this
temporary
a
while,
state.
a
not
43
lie
memorisation
might
or
abandon
careful
person
Ah] al-hadith can accept a hadith from such persons in the circumstances
The
by
The
the
set
ahl
al-hadith.
question
above.
report
satisfies
criteria
mentioned
now arises concerning ab] tagw wa-l sldq which refers to ab] al-hadith themselves.
Are their reports reliable? Al-Shfiì provides a logical answer which is self-evident.
For al-Shdfiì, ahl al-hadith are those well-known for being muttaqn (godfearing)
and vjdigiW (truthful),
and are likely
important matters like hadith. Al-Shaì
to memorise all the more carefully
in
gives some reasons for his view. Firstly
from the public perspective, ahl al-hadith are in a position of public trust. They are
those who truly follow
the teachings of religion. They represent the ideal of
religious observance. Secondly, ahl al-hadith know that they must be trustworthy in
all circumstances because trustworthiness is a duty imposed on them by God. They
also know the importance of matters concerning what is lawful and unlawful. It is
42A1-Sh#'iì,
al-RisNa, 393, para. 1087.
43A1-Shfiì,al-Risla, 393, para. 1088.
KHABAR AL-WAID AS A SOURCE OF ÌLM
115
fabricate
lie.
In
Hell
is
for
to
them
threatened if they
or
addition,
unthinkable
44
is
that
unfounded
present something
Al-Sh
ì quotes five ahdith 5 to support his argument that this group of
All
dreadful
is
these
tell
the
the
ahdith
of
consequences of
reliable.
more
people
lying about the Prophet. It is certain that they ahl al-hadth well-acquainted with
these ahdith. These ahdith become a guiding principle for al-Shfiì in his method
of authentication of hadth. The narrator of hadith must be a reliable transmitter
(thiga). The trustworthiness of every person in an isnd is a priority. The narrator
must have sufficient. knowledge of the trustworthiness of those who transmitted it
from the beginning to the end46 This approach is used by scholars of hadith to
decide the truth of hadiih, and it is also al-Shfiì's method of dealing with hadith.
4.7 The Basis of the Acceptance of khabar al-whid as a Source of Jim
The problem with khabar al-whid is its isnd, the fact that it is a hadith transmitted
by one single authority. Dissatisfied with this, many scholars among the fugaba'
individuals
least
its
binding
47
doubt
Force
They
two
three
to
or
on
at
require
cast
support any khabar. Al-Shfi`1 believes it his duty to convince his fellow scholars
that a khabar must be accepted even though a single authority relates it. It is, after
all, a report on the authority of the Prophet. Al-Shaf'!
believes that if there is a
Companions
Successors
from
be
Prophet,
from
the
can
or
any other reports
report
safely left out of consideration. Such reports, according to al-Shffi,
Prophet.
from
the
weaken
nor
a
report
strengthen
44A1-Shiì, alRisala, 394, para. 1089.

45A1-Sh5fiì,alRisila, 394-98, paras.1090-94.
4('Al-Shfiì, al-Risla,398, para. 1095.
47SeeChapter5.
neither
KHABAR AL-WAUIDAS
A SOURCE OF ÌLM
116
In what follows, al-Shfiì's discussion of khabar al-wahid as he sets it out in

al-Risla under the title of "Proof in verifying khabaral-whid'
will be presented48
Al-ShAff3 presents evidence that his position is supported by the Qur'an, the
Prophet's Sunna, the practice of the Companions and Successors, and the ljmòf
the scholars. His aim is to prove the validity of khabar al-whid. His argument will
be presented under the following headings:
4.7.1 The Qur'an;
4.7.2 The Sunnaof the Prophet;

4.7.3 The practice of the Companions;
4.7.4 The practice of the Successors;
4.7.5 The ijm òf Muslim scholars.
4.7.1 The Qur'an
Al-ShfiÌ supports his case for the binding nature of khabar al-whid with evidence
in the Qur'an that, in most cases, God sent the prophets one at a time. At any one
time only one prophet was sent to a given nation. The prophets Nah, Ibrhim,
Isma'Il, Hd, Slih, Shu'ayb, Lt and Muhammad were each sent to their respective
nations as a sole messenger. Al-Shaffi
stressesthat God has established the proof of
His creation of the world through His prophets. These prophets are distinct from
ordinary people. Their attestation is enough for those who directly witness the
aspects of the prophetic revelation and the signs that distinguish the prophets from
other people, that is, their contemporaries. In other words, the prophets are reliable
persons and their word is taken as proof.
Commenting on Q 26: 13-15 which mentions that two messengers were sent
by God and that later God strengthened them with another, al-Shfiì says this is not
48A1-Shjì, al-Risla,401-71, paras. 1101-1208;Khadduri,

chap.x, 239-84.
KHABAR AL-WAHIDAS
the rule. For al-Sha`l,
A SOURCE OF ÌLM
117
the sending of an additional messenger is only to strengthen
the position of the first (paras. 1201-13).

Al-5h ì attempts to show here that the prophets provide proof even though
they are only single persons. We cannot reject them on the grounds that they are
single individuals. The same applies to khabar al-wabid. It must be accepted if its
transmittersare reliable persons.

4.7.2 The Sunna of the Prophet
Al-Shawl
uses afidith reported on the authority of the Prophet and his Sunna to
Prophet
For
him,
in
favour
khabar
himself was in favour of a
the
al-wahid.
argue
of
single individual. Al-Shfiì presents three ahdith (paras. 1102-1112) to support his
position and gives reasoning based on them as we shall see. He also provides
examples from the Sunna.
It is worth noting that the use of these a idith does not raise any objection
from al-Shfiì's interlocutor. Therefore, we can say that hadith on the authority of
the Prophet was already accepted by his interlocutor as a source. The question about
the authenticity of these alhdith did not arise at all.
In al-Shfiì's first hadYththe Prophetis reportedto have said,

"God will grant prosperity to His servant who hears my words,
remembers them, guards them, and hands them on. Many a
transmitter of law (hmil fiqb) is no lawyer (fagih) himself, and
many may transmit law to other who are more versed in the law
than they. The heart of a Muslim shall never harbour vindictive
feelings against these three: sincerity in working for God;
faithfulness to Muslims; and conformity to the community of
believers - their call shall protect [the believers] and guard them
from [the Devil's] delusion. "49
49A1-ShMiì,al-Risala,401-02, para. 1102; Khadduri, 252.
Al-Shdfiì
118
argues that the Prophet in this hadith is addressing a man to
his
(maglj,
his sayings or teachings, and to
him
to
words
memorise
encourage
is
But
them.
what
most significant is that the Prophet asks those who
understand
it.
The
his
transmit
to
transmitter in this case is a single
teaching
preserved
individual. For al-Shfiì, the Prophet would not have asked someone to transmit his
teaching unless it would become a hujja to whomever it was transmitted to. These
transmitted teachings are important matters in the life of Muslims because they give
guidance on what is lawful and unlawful, and on punishment, property and other
matters both religious and worldly.
Al-Shft'! also points out that someone may directly question the Prophet
in
Qur'an.
He
the
mentioned
also may seek
obligations
any
religious
regarding
information from another man who has already approached the Prophet regarding a
instruction
The
Prophet's
to
transmit
the
someone
else.
can
certain obligation, and
transmitter of Ihadith, according to al-ShAWl, is not required to be a fagih. It is
50
from
In
his
if
by
he
the
transmit
argues
addition,
al-Shfiì
memory
can
enough
above hadith that it proves that the ijm òf the Muslims is binding. This hadith and
another hadith on the authority of the Caliph Ùmar I are used to support the case
that ijm ìs one of the sources of ìim.51On the basis of ijma `too, al-Shfiì argues
that khabar al-whid is a source of 71m.
The second hadrth quoted by al-Shariì conveys a warning from the Prophet
against arguing on the basis of the Qur'an alone 52 The hadith warns against a
tendency to accept only what is mentioned in the Qur'an, and reject what is in the
Sunna.
50Cf. Burton, Hadith, 157.

51A1-Shfiì, al-Risjia, 473-4, para. 1315.
52Cf. al-Shfiì, al-Risala, 89-91, para. 295-97 and 225, paras.622-23 the
on
samehadith.
Al-Shaffi
119
argues that this is the Prophet's own validation of the transmission
of his sunna through reports. The Prophet informs Muslims that his Sunna is indeed
binding. Ahdlth containing his commands are self-sufficient. Their validity is selfis
there
though
no relevant text in the Book of God 53 AI-Shafiì
even
evident,
mentions that he has discussed the question of the authority of the Prophet in
another place. This can be called al-Shfiì's theory of the Sunna.54 For him, the
authority of the Prophet is second only to the authority of God. The authority of the
Prophet manifests itself in his Sunna and God's authority manifests itself in His
Book 55
Al-Shfiì's third (iadiffi is a hadlth from Umm Salama about kissing while
fasting. This t)adith is used to show the binding nature of khabar al-whid, as the
Prophet showed anger to a man who had doubted his own wife's report from Umm
Salama that kissing while fasting is permitted.
Al-Shf ! implies that the words of the Prophet in this hadrth, "Have you not
told her
" show the importance of a report. The Prophet, according to al-Shfiì,

...
would not have asked his wife to transmit a report if it did not establish anything. In
fact, Umm Salama's report does establish something for those to whom she has
mentioned it.
The same applies to the report of the man's wife if she is in the
category of truthful persons.

The Sunna of the Prophet is indeed strong evidence for the authority of
khabar al-whid. Al-Shfiì uses all of these examples from the Prophetic Sunna as
an argument for accepting khabaral-whid.
53A1-Shfiì,al Risala, 404, para. 1108.
54A1-Sh5fiì, al-Risla, 73-105, paras. 236-311; Khadduri, Chap.

v (On the Obligation of
Men to accept the Authority of the Prophet), 109-22.
55Cf. John B. Christopher, The Islamic Tradition: Major Tradition
of World Civilization,
ed. Hayden V. White (New York, 1972), xx.
Al-ShOiì's
120
main argument is that the Prophet relied on single persons to
convey his orders. The condition was that they must be reliable and trustworthy.
This indicates that the report of a single transmitter becomes a proof for those who
hear it. For example, Ab Bakr was sent to lead the pilgrimage on behalf of the
Prophet in the year 9/630, and at the same time, the Prophet sent Àli to recite part
of sirrst al-bar'a at the ceremony of the sacrifice. Al-Shf ì points out that Ab
Bakr and Àli were each well respected among the people of Mecca for their
honesty and religious knowledge. Anything that came from them was true, because
they were reliable persons.
The same can be said with regard to appointing the commanders of
Mu'ta
Al-Shfiì
the
the
of
expedition in 8/629, an
example
gives
expeditions.
expedition into Byzantine territory. In the first place, the Prophet assigned the
command of the expedition to Zayd b. Hritha. If he died, Ja`far would replace him.
After Ja`far, Ibn Rawha would take command. All of this implies the sufficiency of
The
denied.
They
be
these
play the role of
authority
person.
of
men cannot
one
judge and decide on matters that they are sent to do. Their task in general is to call
to Islam and.to fight those who are against Islam. According to al-ShWi, the same
task was given to every governor. He notes that the Prophet could have appointed
more than one person in these situations, but that he still chose to send only one.
In conclusion, al-Shaft i holds the view that one person is sufficient to
convey the truth. Nobody has any right to reject a report on the basis that it is a
single transmitter report.
KHABAR AL-WAIJ
AS A SOURCE OF ÌLM
121
4.7.3 The Practice of the Companions

Al-Shfì
for
khabar
his
the
argument
acceptance
of
al-whid as a
strengthens
historical
ìlm
by
to
various
pieces
of
evidence concerning the
referring
source of
We
Companions.
the
can classify his evidence into three major
practice of
ì
different
degrees
three
to
al-Sha
represent
of proof.
which
according
categories,
These are, firstly, the practice of the Companions in general in the time of the
Prophet, secondly, the practice after the death of the Prophet, of Ùmar ibn alKhattb in particular, and lastly the practice of other Companions. In all cases alShfiì shows that the Companions accepted khabarfrom a single person.
The general attitude of the Companions is represented as acceptance of any
khabar from an individual
integrity.
Al-Sh5fiì
of unquestionable
presents, for
from
Jerusalem
(direction
to the
the
the
of
prayer)
qibla
case of changing
example,
Ka`ba 56 This happened two months before the battle of Badr in 2/624, i. e. sixteen
have
"When
57
Ùmar
is
hijra.
Ibn
to
the
said,
men were
after
reported
months
performing the dawn prayer at [the mosque] of Qub', a messenger arrived and said:
A Qur'anic communication was revealed to the Apostle last night ordering him to
face the qibla [of the Ka`ba]. So whereas they had been facing al-Sham [Syria], they
[immediately] turned around toward the Kaba. "58
Al-Shfiì
argues that this report shows an underlying
principle.
His first
They
is
Qub'
high
that
the
people
status.
were among the first
were
of
argument
of
knowledgeable.
An,
9
the
very
rand
of
They also used to face the previous qibla, and
would not lightly change to another. However, they readily obeyed the instruction
do so after receiving
important
it from a reliable reporter. Al-Shfiì's
one. The matter was one of changing one obligation
56A1-Shfiì,al-Risala,406-09, paras. 1113-19.

57A1-Shifiì, al-Ris,la, 125,para. 366.
58A1-Sha i, al Risla, 406, para. 1113;trans. Khadduri, 254.
to
second argument is the

to another obligation
KHABAR AL-WAIHDAS A SOURCE OF ÌLM
122
that is completely opposite. Hence, it is a major issue, and needs solid evidence to
be
This
it.
to
according
al-Shaflì,
can
established by khabar alevidence,
confirm
In
is
khabar
if
its
trustworthy.
transmitter
other
words,
al-whid can establish
whid
knowledge. Legal proof is established not only by the direct method of hearing from
the Prophet or by khabar al-`mma, but also by khabar al-whid Al-Sh5flì's third
This
Prophet.
happened
is
time
the
the
the
to
event
second.
of
at
related
argument
The Prophet would know the reaction of the people of Qub', and they themselves
If
instructions
it.
from a single reporter had
Prophet
the
accepting
about
would ask
been wrong, the Prophet would have told them. He would have said that in the issue
like this, the Muslims should only accept a report by direct audition (sama ) or by
khabar
al-'&=a,
,
least
by
khabar
by
at
more than one transmitter.
related
or
However, he did not do so.

Al-Shfiì deals especially with legal decisions (singular, g4)
taken by
the caliph Ùmar ibn al-Khattab. Ùmar, according to al-Shfiì, sometimes changed
his decision after learning the sunna of the Prophet. Al-Shfiì refers to Ùmar's
both
Medina
Ùmar
of
and Kfa in
was a main authority of scholars
practice since
figh and hadith. 59 It can be shown that al-Shfiì tries to bring the practice of the
khabar
Alinto
his
Ùmar
the
authority
of
al-whid.
view
on
agreement
with
caliph
Shari'! presents many examples of Ùmar's decisions. 60
Al-Shafiì's
references to Ùmar show that the report of the sunna of the
Prophet has greater authority than Ùmar's own decision. For example, he refers to
Ùmar's decree concerning the compensation (diya) for the loss of a hand. It is wellknown that the Prophet's sunna for this is fifty camels. In the case of the loss of a
59Schacht, Origins, 25,32.
60'rhe following practices are quoted by al-Shfiì: (i) compensation for the loss
of a hand
(para. 1160); (ii) a wife can share in the compensation of her murdered husband (para. 1172); (iii)
compensation for foeticide (para. 1174); (iv) the return of Ùmar before visiting Syria after knowing
that a cholera epidemic was spreading there (para. 1180); (v) the status of Magians and collecting the
jizya from them (para. 1182). Al-ShATi stresses that all actions were taken by Ùmar on the basis of
a single individual report.
123
finger, Ùmar's decision was that it had to be decided according to the nature of
61
This is based on the hadith that the Prophet
fingers
themselves
the
each of
decided fifty camels as compensation for the loss of the whole hand.
However, the Muslims later discovered that Ùmar's decision was different
from the decision of the Prophet. A letter belonging to the family of Àmr b. Hazm
was found in which it was stated that the Prophet had decided that the diva is ten
inclined
Scholars
finger.
for
towards accepting this Prophetic
were
camels
any one
had
it,
but
before
to confirm the authenticity of the report. Althey
accepting
sunna,
Shfiì does not state how this was done, because it is not his purpose here to
elaborate how reports are evaluated. The point is that the scholars abandoned
Ùmar's decision in favour of the Prophetic sunna.
The main point here is that the authority of this hadith must be accepted as
soon as it is verified, even though it is not supported by any practice of a caliph. AlShfiì adds that if any practice is in opposition to the hadith, the practice must be
abandoned in favour of the hadith. Here it is indicated that al-Shfiì is trying to
evaluate the practice of his time to see whether it is in agreement with hadrth or not.
If a practice is in conflict, it is better to accept the hadith. His position is based on
the authority of fiadith, which derives its authority from itself (yathbutu bi nafsi h4,
from
the practice of later authorities. The authority of hadrth is self-evident.
not
and
Its validity does not require confirmation by evidence of subsequent practice, and
any conflict with actual practice does not affect it at all. 62
According to al-Shfi`l, Muslims unanimously agree to accept the hadith of
the Prophet. When the practice of Ùmar was in conflict with the decision of the
61The opinion of Ùmar is for the thumb fifteen camels, the index finger
ten camels, the
middle finger ten camels, the ring finger nine camels and the little six camels.
62A1-Shafi`l,al-RisJa424, para. 1166.
KHABAR AL-WAID AS A SOURCE OF MM
124
Prophet, all Muslims unanimously agreed to accept the Prophetic Sunna. The Sunna
63
practices.
supersedesall contrary
There is no report that Ùmar actually changed his decision on compensation
for the loss of a fmger. This is because the decision of the Prophet was discovered
later. Al-ShfiÌ argues that if this had occurred in the time of Ùmar, he would have
have
Ùmar
his
decision.
would
accepted that hadith because of (1) his
changed
tagw (fear of God), (2) his willingness to carry out the duty of obeying the Prophet,
(3) his knowledge and (4) his conviction
that obedience to God also means
in
In
Prophet.
this
the
to
al-Shawl
one way or another delineates the
way
obedience
It
is
hadith.
Prophetic
behind
not only based on a logical
acceptance of
principle
foundation, but also on religious piety.
The example above did not show that Ùmar changed his decision. AlShfN's interlocutor challenges him to mention a case in which Ùmar did change
his own practice after discovering a khabar about the Prophet. This time al-Shy ì
for
if
he
His
his
can
provide
such
evidence.
an
admission
of
argument
asks
interlocutor argues that two major points will be established if al-Shaffi
can
is
his
They
decision
(1)
merely an opinion if there is no
evidence.
are:
a
produce
must
individuals
it.
When
is
found,
to
abandon their opinions
a sunna
sunna support
if they are contrary to the sunna, and the community must abandon any practice that
is contrary to the sunna. (2) the validity of the sunna does not require confirmation
with evidence of its subsequent application. Hadith is not weakened by anything
that contradicts it. M
One of al-Shfiì's examples concerns the right of the wife to inherit from
the diya of her husband. At first, Ùmar maintained that the wife cannot inherit from
63Cf. Schacht,Origins, 59.

64A1-Shfiì,al-Ris1a,425-26, para. 1171.
KIMBAR AL-WAFffD AS A SOURCE OF ÌLM
125
her husband's diya. However, after al-DDahhkb. Sufydn mentioned to him that the
Prophet had written to him on this matter, Ùmar changed his decision. The Prophet
in his letter had ordered al-Dahhk to permit the wife of Ashyam al-Dibabi to
inherit from the diya of her husband. A1-Shfiì argues that Ùmar changed his
decision on the strength of al-Dahhk's hadrth.
This example and many others show how Ùmar in the first instance judged
by his own reasoning. Al-Shfiì argues that Ùmar then changed his decision after
knowing the hadith of the Prophet. Once he knew the decision of the Prophet, he
submitted to it (sallama la-hu). He obeyed the Prophet and abandoned his own
decision. Al-Shfi`l says, "His [Ùmar's] own decision had been taken without his
having heard anything with reference to it from the Apostle, but when he learned
that his action was not in accord with the Prophet's decree, he abandoned his
practice in order to obey the Apostle's decree and did likewise in all matters. "65
Basing himself on the practice of Ùmar, al-Shi fiì makes a far-reaching
appeal. He asks all people, individuals and society alike, to submit to this position,
that hadith is binding upon them 66
In his Jkhtilaf al-hadith, al-Shf ì states that Ùmar accepted a hadith
transmitted by a single authority
whenever it was transmitted by a truthful
transmitter. Al-Shfiì argues that if Ùmar had intended to reject a hadith, he would
have said to al-l)ahhk, for example, "you are of the people of Najd", or to Hamal
b. Malik al-Nabigha, "you are of the people of Tihma, you have little knowledge of
the Prophet and have had little association with him. I and others who are with me
are of the Muhjirin and Ansr, and were always with the Prophet. How could this
be lost to our own group? You are the only one who claims to know it. A
single
65A1-Sh5fiì, al-Rlsala, 428-29, para. 1178; trans. Khadduri, 264.

66j_Shfiì, al-Risla, 429, para. 1179
KHABAR AL-WHID AS A SOURCE OF ÌLM
126
forget.
"
Al-Sh&fiì
or
err
possibly
adds that, "the true opinion (ra 'y alperson could
hagq) should be followed
and the changing
of one's previous
opinion
is
indispensable." The case of Ùmar has shown this. HadJth should be promptly
"why"
of
question
without
any
accepted
or "how". No one can ever reject an
67
if
it
hadith
transmits
authority
single
a
even
authentic
From the discussion of Ùmar's practice, al-Sha`l
has established two
major conclusions:
(1) The authenticity of khabar al-whid is confirmed, whether it is in
accordance with subsequent practice or not.
(2) Renunciation of a contrary practice is required when a hadith is
established as genuine. 68
Al-Shfiì
also tries to answer the argument of some of his critics that
Ùmar's method was to demand at least two transmitters for a hadith to be

acceptable. This refers to the famous case of Ab Ms al-Ashàri with Ùmar.
Though al-Shfiì does not elaborate it, the story is that Ab Miis tried to see
Ùmar. When he had asked Ùmar's permission to see him three times, but had not
been allowed in, he went away. Later Ùmar asked Ab Ms why he had not
waited longer, Ab Ms mentioned the Prophet's saying that "asking
for
permission is three times. If he gives permission [all well and good], if not, go
away". Though Ùmar knew Ab Ms, he asked him to bring another witness to
confirm what the Prophet had said. It was then confirmed by Ab SaÌd al-Khudri 69
67A1-Shfiì, Ikhtilfal-ljadith, 21; idem, Risla, 429, 1.

al
n.
68Hasan,Early Development, 183.
69Muhammad Ibrhim al-Hafnawi,
1991), 292f.
Dirdsdt usliya fr al-sunna al-nabawiya (al-Man40ra,
KHABAR AL-WAIID
AS A SOURCE OF ÌLM
127
Al-Shy ì takes the views that Ùmar's method was simply to prove the
reliability of the hadit . He argues that if proof is provided by khabar al-whid, the
it
two
can
only
make
stronger. His justifications for this are: (1)
of
people
evidence
in his own experience, he has seen that someone, most likely a scholar of hadith,
who has established the validity
of khabar al-whid, will
still seek a second
confirmation. In another case, a muhaddith who had a sunna related through five
different channels only wrote it down when he had it through a sixth. This is
because a hadith is more reliable as a hulja, and more reassuring to the hearer when
it has been transmitted by many and is well known; (2) a judge can find himself in
the same situation. He may already have two or three upright witnesses, but still ask
for another. The judge simply wants to satisfy himself of the validity
of their
testimony. He may, however, still judge the case with two witnesses if no other
witnesses can be found. Hence, it is not a rule to produce at least two transmitters
for a khabar, it is just a precautionary measure.
Al-Shafiì thus concludes that Ùmar's practice in this case is not a binding
rule, it was only a precautionary measure. In addition, he argues that it is impossible
for anyone who holds the position of leadership in religion, whether Ùmar or
anyone else, to act inconsistently,
khabar
accepting
al-whid and
sometimes
sometimes not. This is impossible for them, and also impossible for intelligent
scholars. As far as Ùmar is concerned, inconsistency in his case is ruled out by his
good qualities, namely his knowledge, intelligence, trustworthiness and general
merit.
According to al-Shfi`l, other Companions also accepted the report of a
single individual, whether it was a man or woman who transmitted it. For example,
the validity of accepting a report from only one woman is proven by the case of the
caliph Ùthmn, when he accepted a report from al-Furayà bint Malik b. Sinn
(the
ìdda
the
woman's waiting period following
regarding
dissolution of her
KHABAR AL-WHID AS A SOURCE OF MM
marriage by death or divorce). Al-Shfiì's
128
point is that a reporter of hadith can be
either male or female, without any discrimination.

Al-Shfiì
also gives the example of the Companion, Ibn Ùmar, who
(the
lease of agricultural land for a share of its
the
mukhbara
of
practice
renounced
informed
Prophet
had prohibited it. 7 Al-Shfiì's
he
that
the
was
production) when
Ùmar
Ibn
is,
first,
viewed mukhbara as lawful. Once he knew the
at
argument
hadith of the Prophet forbidding it, he abandoned the practice. This was after
hadith.
Al-Shff i concludes from
the
transmitter
the
the
of
of
verifying
authority
the action of Ibn Ùmar that any practice which occurred "after the Prophet's death
Prophet
from
khabar
does not impair an authentic
by
the
any
and was not supported
khabarfrom the Prophet "71
4.7.4 The Practice of the Successors
According to al-Shfiì, the Successors also used to decide cases on the basis of the
Sunna, even when it was only reported by khabar al-whid. He shows that the
Successors would change any decision if it was found to be contrary to the Sunna of
the Prophet. Let us cite one of his examples.
Al-Shfiì
mentions that the caliph Ùmar b. Àbd al-Àziz
(Umar II)
changed his decision concerning a defective slave after learning the Sunna. The
report is from a reliable person (lit. one whom I do not suspect, man I attahimu)72 Ibn Abi Dhi'b - Makhlad b. Khuff. According to Makhlad, he himself bought a
slave and used him to gain an income. Later, he found out about a certain defect
(àyb) in the slave, and took the case to the caliph. The caliph decided that he could
return the slave to his former owner, but that he must return the profit he had made
70M-Shfifiì, al-Risla, 445-46, paras. 1225-27.
71A1-Shafiì, al-Risala, 446, par-as.1227.
72According to Khadduri, he was Ibrahim b. Abi Yahya, Khadduri, Islamic Jurispradcncc,
273; cfi al-Shfiì, al Risa]a, 129, n. 8
KHABAR AL-WAHID AS A SOURCE OF 7LM
129
from the slave. Dissatisfied with this judgement, he visited Ùrwa b. al-Zubayr and
told him the story. Ùrwa agreed to see the caliph to tell him a hadith of the Prophet
According
À'isha.
Ùrwa,
À'isha
to
the
of
related to him the decision
authority
on
"the
in
Prophet
as
the
case
similar
profit
a
of
belongs to him who bears
When
damn).
Makhlad
bi-J
(al
kharj
told this hadith to the caliph,
responsibility"
he said, "What a hasty decision I have taken! God knows that I sought nothing but
have
informed
Now
hagq].
[al
that
you
me of a sunna of the Apostle
what was right
decision
Ùmar
[he
I
the
this
of
revoke
means himself] and
shall
matter,
concerning
When
God".
Ùrwa
Apostle
the
the
of
of
came, the caliph decided
out
sunna
carry
that Makhlad could keep the profit. It is clear from this action of Ùmar II that he
his
to
as
preferable
own opinion.
report
single-transmitter
a
considered
Al-Shafiì mentions other practices of the Successors which show that they
accepted khabar al-wabid. For example, he cites the report of Said b. al-Musayyab
(d. 95/714) from Ab Said al-Khudri concerning sarf (the exchange of currency).
Although a single transmitter relates this report, it is still accepted as the Sunna. He
gives further examples showing that many Successors transmitted a sunna through
khabar al-whid, such as Ùrwa b. al-Zubayr (d. 94/712), al-Qsim b. Muhammad
(d. 107/725), Àli b. lIusayn and Muhammad b. Àli b. Husayn. Al-Shfiì argues
that all Muslims simply accept these reports as sunna.
Al-Shdfiì also mentions scholars of Medina who accepted khabar al-woid
such as Muhammad b. Jubayr b. Mulim
and Nfi` b. Jubayr b. Mutìm (d. 99/717),
Khrija b. Zayd b. Thbit (d. 100/718) Sulayman b. Yasr (d. 1071725) and others.
Inaddition to those of Medina, al-Shfiì also lists Successors in Mecca,
Yemen, Syria, Basra and Kfa who accepted khabar al-wfiid. In Mecca, al-ShfVI
mentions Àt' b. Abi Rabh (d. 113/731), Taws b. Kaysn (d. 1061724), Mujhid
b. Jabr al-Makki
(d. 104/722), [Ùbayd Allah]
Ibn Abi Mulayka (d. 117/736),
130
Ìkrima b. Khlid, Ùbayd Allah b. Abi Yazid (d. 123/143), Àbdallh b. Bbh, Ibn
Abi Àmmar and others. In Yemen, al-Shfiì mentions Wahb b. Munabbih (d.
110/729 or 114/730), in Syria, Makhl b. Abi Muslim al-Dimashqi (d. ca. 113173031), in Basra, Àbd al-Rahmn b. Ghanm (d. 78/698), al-Ilasan al-Basri (d., 110/728)
Ki
fa,
in
Ibn
Sinn
(d.
110/728)
al-Aswad, Àlgama and al-Sha`bi (Ab Àmr
and
and
Èmir, d. c. 110/728).
According to al-ShAWl, these Successors, as well as scholars of other
kbabar
the
of
authenticity
al-whld. They all agreed that it
all
accepted
provinces,
could be used in giving fatws. Each of these Successors accepted hacth from a
preceding transmitter, and from him it was accepted by a succeeding transmitter.
4.7.5 The Ijm òf the Muslim scholars
With the arguments that he has presented, al-Shfiì claims'that his methodology is
in agreement with that of his pious predecessors (al-salaij and his contemporaries.
For al-Shfiì, nobody among the specialists may ever reject the validity of khabar
al-whid73
Al-Shf ! claims that his position on accepting khabar al-w laid is supported
by the ijm ` of the scholars. He has never found even one jurist who disagreed with
this position. In taking his position, he only follows the ijm : If this is the position
of Muslim scholars,"it is permissible for me to say so also".74
4.8 Concluding Remarks
Having shown a1-Shfiì's view of khabar al-wfiid, we can say that a1-Shfiì
believes that khabar as a whole is an autonomous source of knowledge (ay] fi
nafsih}. In his view, the reliability of khabarcan be evaluated only by evaluating the
73A1-Shfiì,al-Risla,453-57, paras. 1235-49.
74A1-ShAfiì,al-Risrila,457, para. 1248;trans. Khadduri, 277.
131
Wm,
Justifying
khabarby
its
to
that
sources
other
of
reference
reporter.
reliability of
is to say, observation (the senses)and reason, only reduces the importance of khabar
Wm.
Al-Shfiì's
independent
of
source
as an
response to khabar shows that his
Their
hadith.
in
that
is
with
position accepts
of
ahl
al
agreement
epistemology
khabar
the
of
al-whid as means of engendering
authority
without question
knowledge. In other words, they place uncritical trust in a khabar from others.
Scholars such as Ibn Hanbal (d. 241/855) and Ibn Hazm (d. 456/1063) adopt this
from
khabar
for
trusts
Ibn
Hanbal,
any
sound
others and accepts
example,
position.
it as a source of `.ilm. He is reported to have said: "When a hadrth from the Prophet
duty
I
it
75
hukm
11.75
isnd
turned
up,
acted
upon
or
concerning a
with a sound
...
A1-Shfiì is not uncritical of ahl al-hadith. According to him, they went too
far in accepting everything transmitted to them "from
ignored. "76Al-Shfiì
men who are at best
comments on this group,
"I have noticed that most of them are inclined to be

from
[traditions]
because
the same
they
unreliable,
accept
transmitters whose similar and better traditions they
interpolated,
They
that
traditions
are
as
accept
rejected.
well as those from unreliable sources if they agree with
their opinions, while they reject traditions from reliable
transmitters if they happen to contradict their opinions. "77
This is why al-Shawl applies strictly his conditions of verification to the

transmitter of the report. However, his method strengthens ah] al-hadith's theory,
for example, his proof that the report of a single-transmitter is sanctioned by the
Companions
Qur'an,
Sunna,
the
the
the
the
practice
of
and Successors
authority of
ijm
`
Muslim
Such
demonstrate
the reliability
the
of
scholars.
arguments
and
of
khabar as a source of 71m. Al-Shfiì is known accordingly as nasir al hadith (the
75A1-Hafnawi, Dirvst, 169.

76Burton, Hadrth, 163.
?7A1-Shfiì,al-Risla,466, paras., 1281-82;trans. Khadduri, 281.
KHABAR AL-WHIDAS
However,
hadith).
the
champion of
A SOURCE OF MM
132
some supporters of khabar al-whid, for
7
8
Hanbalis,
79
hashwrya
Ibn
Hazm,
the
the
of
and
go further than al-Shfiì
example,
in regardingkhabaral-w1bid as necessaryknowledge (71m dar2ri).80

Among the many examples provided by al-Shfiì to support his view, we
khabar
For
to
al-whid.
trace
example, the caliph Ùmar asked
other responses
can
for another witness to support Ab Ms. Probably on this basis, scholars such as
Ab Hanifa and AN Ysuf (d. 182/798) would take a reductive position towards
khabar al-wahid. For them, in order to be a source of 71m,khabar al-wOid must be
grounded in other epistemic resources such as "living
Sunna", the Qur'an and
inference which are regarded as more fundamental sources of `jlm. Ab Ysuf, for
example, renounces any khabar al-whid which contradicts the "living Sunna", and
issues a general warning against uncritical acceptance of such hadith. He says,
"Hadith multiplies so much that some hadyths which are traced back through chains
of transmission are not well-known to legal experts, nor do they conform to the
Qur'an and the Sunnah. Beware of solitary hadiths and keep close to the collective
spirit of hadith [i. e. "living Sunna"]" 81 As this suggests, some scholars attempt to
show the validity of khabar al-whid by comparing it with the Qur'an. This method
is supported by a hadith reported from the Prophet. The Prophet is reported to have
said, "Compare whatever is related on my authority with the Book of God; if it
82
I
it".
Ab Ysuf
it,
but
have
I
have
it,
if
it
does
not
said
with
not
agree,
said
agrees
has the same hadith with a different wording. The Prophet once said, "Hadith in my
name will spread; so what comes to you in my name and agrees with the Qur'an,
78Seeal-Juwayni, al-Burhn 1 usl al-figh, ed. A. À. al-Dib, 2

vols (Qatar, 1399/1978),i,
606f; for aJ-hashwiya,seeA. S. Hallcin, "The Hashwiyya", in JAOS, 54 (1934), 1-28.
79SeeIbn Hazm, al-Ilik nar ustil al-aizkrn (Cairo,

d), i, 107-22.
n..
-61
800n necessary knowledge, see Binyamin Abrahamov, "Necessary Knowledge in Islamic
Theology", in BJMES, 20.1 (1990), 20-32.
81Abn Ysuf, al-Radd àll siyar al-Awzì (Hyderabad, n.d.), 31 (cited from Rahman,
Islamic Methodology, 35)."
82A1-Shfiì,al-Risida,224, para. 617; trans. Khadduri, 186.
133
take it as coming from me while what comes to you in my name but is in conflict
83
be
from
Qur'n
the
me".
cannot
with
What is al-Shfiì's view? According to Ahmad Hasan, al-Shì
strongly
Sunnah
[living
"current
that
of
meaning
practice] and insisted on taking the
opposed
Sunnah from genuine traditions of the Prophet. He preferred a genuine Hadith from
the Prophet to the agreed and established practice of the Muslims. Henceforth
Sunnah was identified with Hadftff'. 84 However, al-Shfiì never says that he
disagrees with Muslim practice. If all Muslims are agreed, this constitutes ijmai
There is no need for a specific hadYthto support ijm 'al-umma. In fact, the Muslim
practices, which come under the scrutiny of al-Shafiì,
are those practices
concerning which disagreement occurs. In such cases, he refers to many ahdith

which are also widely available. From al-Shfiì's resorting to hadith in this way,
Ahmad Hasan concludes that he equates the Surma with hadith. But actually this is
is
Sunna
What
do
that
to
to
the
the
tries
prove
case.
al-Shfiì
can only be
not
authentically known through khabar. Al-Shfiì also rejects the need to compare
hadith with the Qur'an. For him, hadith has to stand on its own. If hadlth is
compared with the Qur'an, a lot of hadith will be seen to contradict the apparent
meaning of the Qur'an. Al-Shfiì rejects as weak the hadith used by Abis Ysuf and
85
it.
The
Prophet
He
hadith
to
presents
counter
above.
said, "Let me
another
quoted
find no one of you reclining on his couch, who, when confronted with an order of
permission or prohibition from me, says: I do not know [whether this is authentic or
not]; we will follow only what we find in the Book of God". 86
Al-Shy
governing
`1 takes the approach of the scholars of hadi'th to the requirements
the transmission
of bath
by verifying
the reliability
of its transmitter.
83Ab'i Ysuf, a1Radd, 25 (cited from Rahman,Islamic Methodology, 35).

54AhmadHasan,Early Development,87.
85AI-Shaiì, al Risla, 225, paras.618-19
86A1-Shfiì,al-Risla,225-26, para. 620-23; trans, Khadduri, 187.
KHABAR AL-WANID AS A SOURCE OF ILM
He demonstrates the reliability
134
of khabar as a source of `Jim, and does not try to
khabar
importance
the
of
as a source of ìim. His theory of the truth and
reduce
falsehood of khabar depends on the veracity of the reporter. However, in certain
has
He
another
criterion.
says in al-Risla: "The truth or
circumstances, al-Shfiì
falsity of most iadith cannot be inferred except through the truth or falsity of the
instances
few
for
where truth or falsity may be inferred if
special
a
narrator, except
the narrator narrates what cannot possibly be the case or if the item of information is
[With]
better
by
established
another
contradicted
or more bolstered with proof of
veracity". 87 Al-ShAfiì's other criteria are inference (istidllj
on the basis of the
Book, the Sunna, ijmdànd analogy 88 So besides the external verification, al-Shafi`3
also uses internal verification
to determine the truth and applicability
of certain
reports.
Al-Sh iWi also provides guidelines for solving the problem of contradictory
hadi-tlh.If there are two contradictory hadlths, consideration should be given first to
whether one of them is abrogated (manskh) or not. If there is no indication
that
is
hadith
either abrogating (nsikh) or abrogated (mansflkh), and both of them
either
isnads,
in
their
sound
preference should be given to the one which is closer in
are
meaning to the Qur'an, the Sunna and giys89
The problem of legal proof (Ou#a) predominates in al-Shfiì's discussion of
khabar al-wahid. According to al-ShAffi, the first category of fiujja is derived from
Book
text
the
of
or from generally agreed sunna (sunna mujtama ` àlayb).
a clear
When a hujja is taken from one of these two sources, nobody is permitted to doubt
it, and the hu,& must be accepted. It constitutes a proof that requires anybody who
denies its authority to repent `90Al-Shy
ì, however, pays little attention to this type
87A1-Shf1, alRisJla, 399, para, 1099;trans. Khalidi, Arabic Historical Thougb4 138-39;
88A1-Shafiì,al-Risla, 373, para, 1012.
89SeeAll, AI-Shdflì's Contribution, 119; also al-Bayhaqi, Managib, I, 510-11.
90AI-Shfiì, al Risila, 460, para. 1259.
KHABAR AL-WAHIDAS A SOURCE OF 7LM
135
Muslims
What
its
him
is
because
to
hula
submit
concerns
authority.
all
more
of
hu/a
This
is
hu,
tja.
type
a
of
another
derived from khabar al Jlidssa. Some
differences may occur when deriving a sunna from this kind of khabar. There are
two reasons. Firstly, khabaral-kh4sa
permits different interpretations and secondly,
it is transmitted by a single authority
transmits it. In these circumstances,
disagreement is inevitable. However, according to al-Shafiì, it is incumbent upon

it
is
khabar
though
even
to
not as certain as the text of the
accept such
scholars
Book and kbabar al- `mma. It still constitutes knowledge. Al-Shfiì compares the
bound
just
judges
to
the
testimony
that
accept
who
are
of
witnesses
of
of
case with
khabar
The
is
Why,
that
then,
accept
al-w zidi
reason
should scholars
character.
there is a text to support it 91 Al-Shfiì holds therefore that khabar al-khdssa is
be
by
its
Its
and
means of
cannot
own
rejected
on
authority stands
authoritative.
ta'wil of the Qur'an or other atidlth which convey only a general meaning. AlShfì
fellow
but
his
known
to
that
and
are not
scholars
out
such
akhbrwere
points
92
khabar
But
into
due
to
the
al-khssa, al-Shfiì concedes
of
nature
practice
put
that in respect of khabar al-kbssa, someone may doubt and yet not be required to
"If
follows
learned
He
Muslim
to
you
are
a
man, you
as
appeals
scholars
repent.
judge
basis
Similarly,
doubt
the
this
only
you
should
on
of the
matter.
should not
You
just
to
they
though
subject
error.
are only
are
character, even
witnesses of
bound to judge on the basis of apparent truthfulness on their part since God is
93
Proof in al-Shfiì's view
for
do
know
them.
what you
not
about
responsible
derived
knowledge.
be
from khabar, and not
Knowledge
be
based
on
should
should
from evolving legal practice 94 So if a point of contemporary legal practice or
inconsistent
Prophet,
khabar
the
the practice was wrong
of
a
was
with
consensus
be
changed.
must
and
91AI-Shfiì, at-Risala,461, para. 1260;Khadduri, 278-79.
92A1-Sh ì, lkhtilf alhadith, 14; seeS. M. Yusuf, "The Sunnah",24f.
93AI-Shdfiì, alRisla, 461, para. 1261.
94Cf.Chapter3.
CHAPTER
AL-SHAFIÌ'S CRITIQUE OF THE VIEWS OF

AHL AL-KALAMAND
AHL AL-FIQHON
AKHBAR (HADITII) WITH
SPECIAL REFERENCE TO HIS JIMA ÀL- ÌLM
Hadith is regarded as a vehicle of the Prophetic Sunna and a source of reference to

hadith
However,
the
of
authenticity
and its practical application
past experience.
were matters of controversy in the early history of Islam. Nevertheless, hadiih has
by
be
ignored
important
those who reject its authenticity as well
to
too
even
proved
Qutayba,
for
force.
Ibn
binding
its
example, states that ah1 al-kalm and others
as
hadith
'
hadith
doctrinal
The
to
their
support
used
views.
rejected
still
who allegedly
fact that al-Shawl had to argue for the identification of sunna with hadilh provides
sufficient evidence of the existence of other approaches to Oadith prior to and during
his time. At least two approaches to hadith were represented among al-Shfiì's
2
by
ahl
namely
ab]
al-kalm
and
al-figh.
contemporaries,
This chapter examines al-Shfiì's critique of the views of ahl al-kalm and
ah] al-fiqh on akhbr. He discusses the views of ahl al-kalm in the first chapter of
Jimi ` al- `11m,and argues against ahl al-figh in its second chapter. Ah! al-figh, who
represented the early schools of law, objected particularly to akhbr al-khfi4Fa which
tended to disrupt the local established practice of the Muslim community. For ahl alfigh, the living practices of the Muslim community, although frequently only valid
practice in one locality, were the result of Prophetic Sunna, and consequently these
3Ibn Qutayba, Ta'wZZ 10-24.

2See above, Chapter2.
136
AL-SHAFFI'S CRITIQUE OF THE VIEWS OF AHL AL-KALAMAND
AHL AL-FIQH
137
figh
In
Jim
`
51m,
justify
their
to
views.
alal-Shfiì criticises
used
were
practices
for
hadith
their
methodology
of
criticism not only to
al-figh
ahl al-kalm and ahl
but
his
to
their
also
explain
own methodology, so that we arc
positions
undermine
Oaadlth
in
Before
his
further,
it
insight
into
the
of
use
usl
al-fqh.
going
afforded an
khabar
be
the
to
to
ab]
of
al-kalm
and
ab]
al-figh
attitudes
as
useful
reiterate
will
discussed in Chapter 2 as well as in al-Shfiì's Jima al- ì1rn.
5.1 The Response of Ah1 al-kalm to khabar

Ah] al-kallen take a sceptical attitude towards all kinds of khabar. 3 Al-Sh[i`!
follows:
ideas
this
as
the
group
of
general
explains out
"Someone who is credited with knowledge of the doctrine
"You
Arab,
his
to
and the
are
an
me:
colleagues said
of
Qur'an has been revealed in the tongue of whom you are
[a part], and you are more knowledgeable (adra) in
memorising the Qur'an. In it, there are injunctions of
Allah which He has revealed. If anyone to whom the
Qur'an may have become confusing has doubted one
if
he
does
him
letterto
and
repent,
you would call
single
Exalted
him.
Allah,
kill
And
the
says
not repent you will
about the Qur'an "... (it is) an explanation for all matters".
Then how is it possible for yourself or for anyone,
laid
has
down, to say at
Allah
concerning anything which
one time that the obligation in it is general; at another time
that the obligation in it is particular; at another that the
has
is
the
that
to
an
order
say
obligatory; at another
order
indication (dilla) in it or if he wishes, is optional.
Frequently you draw this distinction that a hadith you
hadiths
from
from
two
or three
relate
one man
another, or
bless
(May
Allah
Allah
Messenger
the
until you reach
of
him and grant him peace). However I found that you and
those who followed your doctrine do not exonerate anyone
whom you met, nor anyone whom I have met of those
whom who you have met, and to whom you give
precedence in truthfulness and memorising [of haith]
from error and forgetfulness and making a mistake in his
report; rather I have found you saying of more than one of
them, "so and so has a mistake in such and such hadith,
3Ibn Qutayba, Ta'wi), 24-56; cf. Chapter2.
AL-SHFIÌ'S CRITIQUE OF THE VIEWS OF AHL AL-KALAMAND

and so and so has a mistake
Am AL-1-7Q11 138
in such and such hadrth. I
have also found you saying, if a man says of a hadith

which only a few people know (min `Turnal-khvsa) and
have
declare
lawful
to
used
something
or
which you
Messenger
"The
Allah
did
of
not say this".
unlawful:
Either you are in error or those who related the hadyth to
You
You
do
him
in
to
not
call
repent.
said
error".
you are
"How
Is
it
is
him
than
to
shameful
what
you
say".
no more
then possible to make a distinction between any of the
laws of the Qur'n (alikm al-Qur'n), when its outward
hear
is
it,
the
to
those
same
and
who
one
on
appearance
the basis of the khabar of those who are as you have
described? Do you treat their khabar as you would the
Book of Allah, so that you give and withhold on their
basis?"4
In order to understand the disagreement between al-Shfi`3 and ahl al-kahim,

the above response of ahl al-kalm to hadth can be summarised as follows: Firstly,
Prophet)
is
(khabar
the
hadith
the
believe
that
of
unreliable.
authority
on
ahl al-kalm
In other words, khabar fails to attain certainty, which is a criterion for knowledge.
AN al kalam doubt the truth of khabar on the basis that its transmitter may forget or
it
is
khabar
Therefore,
khabar.
in
to
the
reasonable
reject
reporting
make an error
because it may be unreliable. Hadrth is seen as a weak source of knowledge and
incapable of adding to or adapting the regulations of the Qur'an Secondly, ah] al.5
kalm regard the Qur'an as a more reliable source of knowledge than hadith because
it comes from God. That is why no other source can ever replace the Qur'an. They
also believe that the injunctions of the Qur'an should be understood in their explicit
Qur'an
knowledge.
for
They
the
the
the
as
source
of
argue
sufficiency of
meanings.
In matters where there is no Qur'anic injunction, ahl al-kalm rely on reason
.6
4A1-Shfiì, Jrm àl- ì1m, 13-14, paras. 4-6; All, 160-62.

5Cf. Burton, ed., Ab Ùbayd aJ-Qum, intro., 37-38.
6See above, 28,59
AL-SHAFIÌ'S CRITIQUE OF THE VIEWS OF AIL AL-KALAMAND

However,
ahl al kalam
do not reject the authority
AMIL AL-FIQH
139
of the Surma, since their
disagreement revolves around the transmission of the Sunna. The interlocutor who
represents ahl al-kalm argues against al-Shfiì as follows:
"I do not accept any of
them (i. e. khabar) for there is a possibility of mistake (wahm) by the reporters. I do
I
Allah
bear
(anything)
to
what
call
witness, just as I acknowledge
except
not accept
His Book of which no one can doubt a single letter therein. Is it then admissible that
knowledge
(certainty)
it
is
"7
the
take
of
place
when
should
not?
anything
What concerns ab] al kalm here is the fallibility
of khabar. This is because
khabarreporters are liable to make mistakes. The Qur'an by contrast, is certain and
infallible. Ahl al-kalam question the whole central assumption of the reliability
of
kbabar.
For ah) al-kalm, it is not enough in order to establish truth that khabar has a
sound chain of transmission. Khabar needs other criteria to prove its reliability, such
However,
doubting
Qur'an
the
the transmission
with
reason
and
as correspondence
.8
of khabardoes nothing to undermine the central pillar of Islam, which is the belief in
the Prophet and the binding force of his Sunna. Fazlur Rahman points out that aid alkalm, even though originally sceptical of khabar on the ground mentioned above,
"nevertheless accepted the Sunna and the consensus and indeed they interpreted the
Qur'an in the light of both these principles"
.9
The attitude of ah! al-kalm to khabar is not uniform. Some of them accept
khabar if there is no sufficient statement in the Qur'an. If they feel that the Qur'an
gives satisfactory answers, they refrain from accepting any khabarof the Prophet. Al7AI-Shf`1, Jim'al-71m, 15-16,para. 11; trans Ali, 162-63.
8Cf. Chapter2; seealso Khalidi, Arabic Historical Thought, 139-141.
AL-SHAFTS CRITIQUEOF THE VIEWS OF AHL AL-KALAMAND AHL AL-FIQH 140

Shariì's interlocutor also criticises such an attitude of ahl al-kalm by commenting
that this attitude leads them into error, since the Qur'an never mentions details of any
form of worship such as prayer or zakt. The Qur'an does not say how the act of
left
is
Sunna
because
be
this
to
the
to clarify. 10Another group
performed
worship can
"
khabar
in
Qur'an.
If
the
the
only
on
subjects
mentioned
accept
of ahl al-kalm
is
in
khabar
in
the Qur'an, they accept the
the
also
mentioned
matter mentioned
khabar. This is because they are sceptical about transmitters of khabar in respect of
their accuracy in reporting the Prophet's Sunna, and the errors made by them.
Relying solely on the Qur'an, they believe that there is no stoning punishment (.rajm)
to be applied to married adulterers, and that the wiping of boots is not valid. They do
12
By
limiting
khabar
these
matters.
any
concerning
not accept
the acceptance of
khabar on the basis of the Qur'an, this group of abl al kalm, as claimed by alShfi`3's interlocutor, deprive themselves of essential knowledge such as that of the
in
Qur'an.
(particular)
They
`mm
khac
(general)
the
(abrogation)
the
and
and
naskh
13
detect
by
to
group
ahl
any
unable
of
al-kalm.
error
commited
a
previous
are also
This is because such knowledge can only be gained through khabarof the Prophet.
As far as ijm`
(consensus) is concerned, ahl al kalm "acknowledge the
consensus on the ground that Muslims, Allah willing, would not agree on any given
doctrine unless they were right, and so their majority (`mmatu hum) could not be
14
Koran,
if
individuals
be".
With this
to
the
the
might
meaning
of
even
mistaken as
ijm
às
that
we
can
say
ab!
al-kalm
another criterion for
also
regard
explanation,
9Rahman, Islam, 63.
10AI-Shi iì, limaàl-Ihn,
11A-ShMi ì, Jim àl- ìlm,
12A1"Shfjc1,Jimàl-Yhn,
13,e,1_Shfii, Jimaàl-57m,
27-28, paras. 77-79.

28, para. 80.
55-56. paras. 208-214.
27f, paras. 77-81.
AL-SI-IAFI`PS CRITIQUE OF THE VIEWS OF AHL AL-KALAMAND

evaluating
the reliability
of khabar. Thus, ab] al-kalm
AIIL AL FIQII
141
hold that any khabar which
agrees with ijm ìs acceptable.

.
Since ahl al kalm doubt the authenticity of khabar, their approach towards
figh also differs from that of al-Shfiì. Their approach is to augment the scope of
knowledge by the use of human reason. Al-Sh5fi`3 restricts the method of ijtihd to
is
largely
They
For
speculative
giys
and
superfluous.
argue
al-kalm,
ahl
giys
against giys as follows:
"What do you think if we do not find an explicit text in the
Book of Allah, the Exalted, nor a report [khabar] from the
Prophet (May Allah bless him and grant him peace) on
being
I
hear
asked about and to which
you
which
matters
you reply by either declaring something wjib (obligatory)
or declaring it bl (invalid)? Where do you get the
authority to do this? And how can you tell what is correct
(,sawb) and what is wrong (kha(a')? Are you exercising
ijtihad in seeking some specific object which is not visible
to you or are you speaking arbitrary? Who has permitted
you to make lawful or to make unlawful, or to separate
(things) without any existent example which you can
follow? If you allow yourself that it would be permissible
too for another to say whatever comes into his mind,
without any example (mithl) to follow and without any
guideline (ibm) cited against him by which you can know
the correct from the erroneous! "1$
It is worth noting that this quotation makes clear the existence of religious
law and its methodology at that time. 16AN al kalm generally accept that a legal
structure existed in the Muslim community. Their intention may have been to restrict
religious law to certain areas, specifically to areas already mentioned in the Qur'an.
This strict approach would have far-reaching results if it were accepted. AN a1-kalm
14Schacht, Origins, 41; cf. al-Shafiì, Jimàl-ìlm, 30, para. 96;

also 54, para. 204.
15A1-Shafiì, Jirnàl-ilrn, 33, para. 105; trans. Ali, 175-76.
16Rahman,Islam, 72.
AL-SHAFTS CRITIQUEOF THE VIEWS OF AHL AL-KALMAND AML AL-F7Q11 142

prefer to apply human reason in areas where there are no injunctions in the Qur'an.
Reason is then the criterion to decide in those areas between right and wrong.
In matters where there are no Qur'anic injunctions, ahl al-kalm are hostile to
the practice of making analogies. 17For them, giys is an innovation, since it seeks to
divine
injunctions.
Furthermore,
is
into
the
objectives
of
and
giyas
causes
enquire
The
interlocutor
human
who represents ahl al-kalm
speculation.
associated with
"What
by
I
is
for
know
that
the
saying:
your
giys
scope
validity
of
questions
it
by
is
have
described.
And
I
is
extended
giys,
as
you
unless
restricted
speaking
have two questions for you; first: you have to mention the proof that you have
know,
is
khabar,
but
like
to
all
nothing
we
giys,
practise giys since
authority
ijtihd. So how is it restricting for you to speak without giys? '8
Ah1 al-kalm argue that reason is sufficient, and that there is no need for
in
Qur'an
having
They
inclined
to
the
to
as
referred
questions
not
regard
are
giys
been left out deliberately, and as unregulated by the Divine Lawgiver. 19Al-Shafiì
charges ahl al-kahm with using their own opinion (istihsitn) and whatever comes to
their mind '(kbaw(ir) in confronting new problems that may emerge. Furthermore,
foundation
àssn),
(muta
that
any
without
are
make
up
answers
ahl al-kal m simply
i. e. lacking the support of revelation. 20
Ah] al-kalm do not deny the importance of khabar. What troubles them is the
question to what extent khabar is reliable in transmitting the Sunna of the Prophet.
Auf al-kalm hold that if khabar is to be vindicated as a source of 71m, the
17Seeabove Chapter 3.
18A1-Shfiì,Jimàl-ìlm, 34, paras. 110-11;trans. Ali, 177.

19Burton,Collection, 20.
20A1-Shafiì,Jimdal-Um, 33, para 105; also, 35, para., 113.
AL-SHARTS CRITIQUEOF THE VIEWSOF AHL AL-KALAMAND AM AL FIQH
143
based
khabar
be
must
on the Qur'an and what is acceptable to
such
acceptance of
limits
in
21
However,
discarding
to
the
there
are
use
of
reason
accepting
and
reason.
the khabarof the Prophet. For example, a report that the Prophet used to sleep on his
bed
he
be
before
to
to
that
used
going
certain
prayers
recite
cannot
and
right side,
judged on the basis of reason alone. Reason may say that any sleeping position is
is
basis
is
in
fact
To
the
that
position
correct
on
certain
of
reason
a
say
possible.
illogical. In this case, reason can neither prove nor disprove the khabar. 22
5.2 The Response of Ahl al-figh to Akhbr a]-kh,Ya

The views of Ab Hanifa and Malik have been referred to in Chapter 2. However,
Jima` al- ìlm illuminates the contemporaryattitudes of ab] al-figh towards akhbr alkh a to an extent that hardly any other work of the period does. The major issue
from the point view of al-ShAT3 and ahl a1-hadith is that ah! al-figh do not accept
khabar a1-khssawhen it contardicts either a definitive general principle (q idat al`mma), ijm òr the opinion of a Companion. The 1Ianafis and also the Mlikls used
the above criteria to evaluate the truth of khabara]-wfiid23 By contrast, the primary
goal of al-Shftfiì is to secure acceptance of akhbr a1-khsm without any evaluation,
kh,
In
this
to
of
akhbr
al
sa, alacceptance
secure
restriction.
order
qualification or
Shafiì has to refute the position of ahl al-figh on ijma` and the opinion of a
Companion. In doing so, al-Shfiì elaborates his own methodology of figh by
stressing the use of akhbral-khssa for the derivation of actual legal points. 24
21Seeabove, Chapter 2.
555.
22Azami,Studiesin Hadith Methodology, 56-57.

23SeeChapter2.
24Seea1-ShAfiì.Jima'a!
far'iIA114h
(bayan
tabarakawa-taàla),103-34,paras.461-ìhn
AL-SHAFI`l, S CRITIQUE OF THE VIEWS OF AHL AL-KALAMAND

AM al-figh, as pointed out by al-Shfiì,
AHL AL-FIQH
that the 11mof
are of the opinion
the scholars is an important source for justifying
144
the truth of any hukm. 25 Since
knowledge,
it
is
their agreement that
the
of
religious
possessors
sole
scholars are
constitutes ijm.
Ordinary people (man l `Jima lahu, literally,
those who do not
know), are required simply to follow the scholars (yajibu ittibù-bum fi-hi). Thus,
for
their
the ordinary people. Althe
agreement
stands
as
proof
agree,
when
scholars
Shafiì also points out that ahl al-figb, especially Malik, are of the opinion that a
khabar will be accepted only if there is ijm òn it. For ahl al-figh, ijma-ènsures the
faithful understanding and acceptance of the transmission of the Prophetic Sunna.
Jjm ` enhances the authority of rules derived from khabar al- wahid
As far as the opinion of a Companion is concerned, al-Shafiì claims that ahl
is
if
Companion
believe
there is no report to the
that
the
valid
opinion of a
al-figh
it.
According
if
Companions
i.
do
oppose
other
not
contrary, e.
to al-Shfiì's
interlocutor, a Companion might relate a report about the Prophet in front of a group
of other Companions, and if they do not object to it, this proves that they accept the
is
For
knowledge
26
interlocutor,
Companion's
true
the
the
report
about the
report.
Prophet, if there is no objection to it from other Companions. 27He compares such a
judges
do
If
by
judge.
decision
not raise any objection, it
with
made
other
a
a
report
25According to Rahman, ijma' has an authority since it is not just

an opinion but a living
practice of Muslims. It thus equates with the Sunna of the Prophet. It is not claimed as infallible source
but authoritative one because it has the authority of the Sunna proper, that is the Sunna of the Prophet,
see Rahman, Islam, 74.
26A1-Sh ì, Iimà!

83,
334.
para.
-71m,
27Thereasonis the Companionswould not have been unawareof the practice
and decision of
the Prophet,seeSchacht,Origins 29.
AL-SHAFI`T'SCRITIQUEOF TIM VIEWS OF AHL AL-KALAMAND AHL AL-FIQH 145

In
interlocutor's
is
judgement
the
the
that
view, every judge should
correct.
shows
28
decision
to
the
adhere
The opinion of a Companion is linked to the question of precedent. A number
have
held
from
fugah'
leading
the view that the opinion of a
schools
various
of
Companion is a proof which must be followed. 29The Hanafis, for example, maintain
that the opinion of a Companion which is transmitted by earlier fugab'prior
to them
is binding upon all Muslims 30 Their assumption is that the Companion was in the
best position to know the actual state of the law as laid down by the Prophet. Thus,
Ab Hanifa would give priority to the opinion of a Companion over grys, and regard
the opinion as preferable to #0 4d Mlik
not only upheld the opinion of a
Companion but almost equated it with the Sunna of the Prophet. Al-Shtl i, however,
in
Qur'an,
in
Companion
follows
the
the
the
of
ruling
absence
a
of
a
opinion
only
Sunna and #m`. 31
Let us cite one example to show the position of ahl al-figh. The Qur'an lays
down the penalty of a hundred lashes for unmarried persons who commit adultery (Q
24: 2). A khabar al-wahid adds to the Qur'anic punishment the penalty of exile for
Iiadith
Hanafis
32
Although
this
the
as authentic, they maintain that
accept
one year.
the penalty added by this haft
is not hadd (a prescribed penalty) but to `zir (a
discretionary penalty). This is because Ùmar and Àli
sometimes applied the
For
did
times
penalty
exile,
other
not.
al-Shfiì, the opinion of a
of
and
at
additional
Companion is not binding, especially when it conflicts with a hadrth. Al-Sh
28A1-Shfiì,Jimd' a! ìlm, 90, para. 371.
29Kamali,Principles, 235.
30Nyazee,TheoriesofIslarnic law, 182.
31Seeabove,Chapter3.
I!,
AL-SHAFIÌ'S CRITIQUE OF THE VIEWS OF AHL AL-KALAMAND
AHL AL PIQH
146
therefore, considers the penalty of exile as part of the hadd to be applied at all times
in addition to flogging 33
5.3 Al-Shfiì's
Objection to AM al-kahm
Al-Shfifiì takes a clear-cut approach by equating the acceptance of authentic kbabar

34
His
logic
Sunna.
is
khabar
Sunna.
that
the
the
simple
records
with acceptance of
This is why he holds that it is the duty of Muslim scholars to accept a valid khabar
from the Prophet. However, al-Shfi`3's view may not necessarily be true, since one
This
Sunna.
however,
differentiates
khabar
the
deny
the
view,
accept
still
and
can
between the khabar and the Sunna. This is against al-Shf ì's general thesis which he
à171m:
Jima
in
asserts
"I never heard anybody whom the people recognised or
fact
disagree
be
himself
the
that
to
about
a scholar
claimed
Allah (to Him belong glory and power) imposed upon man
the religious obligation to follow the orders of the
Messenger of Allah (May Allah bless him and grant him
Allah
Prophet's
decision,
to
to
the
since
peace) and submit
did not grant for anybody else anything after him except to
follow the Prophet. There is no teaching which is ever
Book
Allah
[it
is
the
of
or
commanded]
unless
obligatory
the Sunna of His Messenger. Everything else except those
two [the Qur'an and the Sunna] is merely subordinate and
dependent on them. The religious obligations that Allah
(Most High) imposed upon us and upon anybody after and
before us concerning having to accept khabar from the
Prophet is the same. There is no difference between the
obligation and duty to accept kbabar from the Messenger
except one party whose doctrine I should now describe if
Allah (Most High) wills. "35
32A1-Shfiì, al Risla, 131-32, para. 381.

33Nyazee, Theories of Islamic Law, 183.
34Seeabove Chapter 4.
35A1-ShFiì,
Jimàl-ìlrrm,11-12, para.1; trans. Ali, 159.
AL-SHAFI`f'S CRITIQUE OF THE VIEWS OF AU

For al-Shfiì,
AL-KALAMAND
AM AL-FIQH
147
any attempt to question his view on khabar from the Prophet is
therefore directly to question the authority of the Sunna itself, because the validity of
the Sunna depends on the validity of khabar. This is what actually happens in the
doubt
khabar.
Al-Shafiì
authentic
sets up rigorous criteria
who
ahl
al-kalm,
case of
for determining the reliability of badJth, the most important of which is the reliability
ha&th,
(.
transmitters
the
of
ruwt)
of
based on the requirements
of
àdala
(uprightness) and dab( (retentiveness). The Shiìs consider that transmitters must
family
disposed
favourably
the
be
towards
of the Prophet, in particular
above all
towards À13.36Contrary to these views of al-Shafiì and the Shiìs concerning the
transmitters of hadith, ah] al-kalm maintain that such criteria are not sufficient to
distinguish between truth and falsehood.
The arguments with which al-Shfiì seeks to convince ahl al-kalm that
khabarof the Prophet's Sunna is a source of religious knowledege are as follows:
(1) Al-Shfiì argues that there is no way for a later generation of Muslims,
who have not met the Prophet, to know his teachings except through khabar, either
khabar al- `mma or khabar al-kbssa. Al-Shfiì says:
"Anybody who understands the language (i. e. Arabic) in
which the Book of Allah and His laws have been revealed,
[surely] his knowledge of both will lead him to the
acceptance of the akhbar of those who are truthful from the
Messenger of Allah. He must also accept the difference
between things the Messenger of Allah has indicated and
the difference he has made between the laws of Allah. He
would therefore know the place of the Messenger of Allah
since you yourselves did not meet him either through the
36AsmaAfsaruddin, "An Insight into the Hadith Methodology of Jamal al-Din b. Tawas". in
Der Islam. 72.1 (1995), 44; W. Madelung, "The Sourcesof Ism'ili Law", in Journal of Near Eastern
Studies,35.1 (1976), 29-33.
AL-SHAFIÌ'S CRITIQUE OF THE VIEWS OF NIL AL-KALAMAND

specialists'
report
(khabar
al-khlvva)
or general
AM AL-FIQH
148
report
(khabar al- `mma).137

For al-Shfiì, our knowledge of the Book of God and His law depends on the
Prophet. The Prophet has transmitted this knowledge to his Companions. Al-Shfiì is
is
knowledge
khabar.
If
then
transmitted
through
this
that
the
authentic
opinion
of
khabaris a vehicle of the Sunna, Muslims who have not themselves met the Prophet
Prophet.
However,
the
khabar
doubt
the
of
authority
other criteria are
on
a
may not
isnad
in
implement
from
to
the content of any
the
order
of
criterion
needed apart
The
like
interlocutor
interlocutor
khabar
to
would
ask.
asks
as
al-Shafiì's
authentic
"Could you give me an example of this [the claim that ahl al-kalam rejected the
khabar], from matters in which proof can be supporting [for you] about the
legal
Where
khabafl"38
the
points were concerned there are
actual
acceptance of
khabar
in
Prophet.
factors
be
the
to
to
particular
a
of
order
considered
apply
many
binding.
be
khabarshould
AN
that
automatically
any
authentic
alclaim
one cannot
figh and ah! al-kahm generally accepted a distinction between actions of the Prophet
that were related to his religious mission, and his other actions, and regarded the
latter as non-binding 39 This point will not, however, challenge the theoretical status
of the authentic khabar.
For al-Shfiì, logical justification
in matters related to religion
is not
is
For
Sunria
him,
important
to
to
the
the
most
submit
obligation
of the
essential.
37A1-Shfiì, Jinàl-iim,
38A1-Shjì, Jimal-thn,
16-17, para. 12.

16-17, para. 15; trans. Ali, 163.
39The basis of this argument is a famous date-tree badith. The Prophet says, "I
am only
human. If I commandsomethingrelated to religion, then obey, but if I order you to something on the
basisof my own opinion (ra y), then I am only a human being", Muslim, Kittb al-fad'ii, 31 (as cited
from Daniel W. Brown, Rethinking Tradition in Modem Islamic Thought (Cambridge, 1996), 18).
AL-SHAFI`PS CRITIQUE OF THE VIEWS OF AHL AL-KALAMAND

Prophet as transmitted
by authentic kbabar. Ignoring
according to al-Shafiì,
is the attitude of ah] aI lralrn. 40
AHL AL-FIQH
it is negligence
(ghafa)
149
which,
(2) Al-Shf ! refers to the binding nature of the Sunna and the office of the
Prophet to argue against ahl al-kalam who rejected all khabar. For him, doubting
khabaris the same as doubting the authority of the Sunna, and therefore degrades the
However,
is
himself.
Prophet
this
the
not a good argument against ahl alof
authority
kalm as we shall show later.
A1-Shfiì presents Qur'anic
verses to show the obligation
to obey the
Prophet 41To cite one example, the Qur'an says, "Whosoever obeys the Messenger,
thereby obeys God" (Q 4: 80). Al-Shaf'!
uses these verses to bind together the two
Accordingly,
Qur'an
Sunna.
to question or reject one of them
the
the
and
sources,
leads to questioning or rejecting the other.42 His interlocutor affirms this and all
Muslims do the same. Al-Shfiì then says,
"Do you find the way to perform the obligation of Allah (to
Him belong glory and power) concerning following the
orders of the Messenger of Allah or has anybody before
and after you of those who have not met the Messenger of
Allah known that. way except through a khabar from the
Messenger of Allah. The fact that I can only achieve this
through a khabar shows that Allah has required me to
accept [everything] from the Messenger of Allah"43
Thus, al-Shfiì's main concern is to show the need for khabar since it records
the Sunna. He is presenting a new definition of the Sunna by saying that it must be
derived from khabar. He justifies
258-92.
this claim by referring
to two fundamental
40A1-Shfiì, Jimà/-`JJm, 17, para. 16.

41Reference is to the Qur'an 4: 65,80; 24 : 63; 59: 7; cfi al-ShAfiì,
al-Risfla, 79ff, paras.
42Burton, Collection, 21-29.
AL-SHAFiÌ'S CRITIQUEOF THE VIEWSOF AHL AL-KALMAND AM AL FIQH
150
problems of up! ] al-figh, namely, the question of abrogation (naskh),44 and the
is
(`mm)
is
(kha
what
and
particular
v)
of
what
general
question
AI-Shafiì maintains that it is impossible to have knowledge of these two
khabar
Prophetic
The
Sunna.
the
the
of
of
case of naskh
assistance
without
questions
(abrogation) demonstrates the importance of ithabar. It will be useful to give a brief
to
al-Sh
means
naskh
of
what
explanation
ì. His doctrine of naskh is based on "the
by
Qur'n
be
Qur'an
the
that
the
abrogated
and the sunny only by the
only
can
rule
Qur'n
because
its
function
is
The
interpret
the
to
the
abrogate
sunna
cannot
sunna.
Qur'An, not to contradict it. Equally the Qur'fin cannot abrogate the sunna because to
If
be
the
the
to
this
explanatory
of
nullify
role
sunna.
would
possibility
a
recognise
Qur'nic
by
later
Prophet
in
fact
the
a
contradicted
revelation,
was
prior precedent of
then, argued ash-Shfi`l, there would certainly exist a further sunna in conformity
with this later revelation. "45
As an example, a1-Shfiì cites the problem of bequests46 On this problem, he
in
favour
(wasiya)
(1)
Q
2:
180
bequests
texts:
three
of parents and
commanding
cites
legal
Q
4:
10-12
heirs
(2)
in
the
to
of
estate
portions
specific
relatives;
allotting
near
inheritance; (3) the hadith, "no bequest (wasiya) in favour of an heir". In the first
Three
is
between
two
there
rulings.
solutions can be
an
apparent
conflict
place,
derived from the above three texts: (1) parents and near relatives can receive bequests
in addition to their specific shares of the estate. (2) the second ruling (Q 4: 10-12) can
be seen as abrogating the first ruling (Q 2: 180), and (3) vice versa, the first ruling
43A1-Sh5fi`1,Anja/-ibm,
21-22, paras. 46-47.
`41ngeneral,seeJ. Burton, art. "Naskh", in EF, vii, 1009-12.

45Coulson,History, 58; cf. al-ShATI, alRrsla, 106, para., 314.
46AI-Sh ì, Jima a1-ilrn, 21-22, paras.48-52.
AL-SHAFI`l'S CRITIQUEOF THE VIEWS OF AHL AL-KALAMAND AI, AGFIQH
151
in
light
Al-Shafiì
the
the
the
chooses
second
solution
of
ruling.
second
abrogating
hadith,
by
but that had th
Qur'an
This
is
the
hadith.
an
abrogation
of
the above
not
indicates the Qur'anic ruling on specific shares abrogates the Qur'anic ruling on
bequests.
The above example shows the importance of khabar in al-Shfiì's view of
ìhm.Without khabar, such problems cannot be solved. Al-Shfiì's
interlocutor now
his
kbabar,
importance
changes
the
and
position to support al-ShAfiì's
of
admits
47
view
Al-Shafiì now turns to the problem of classifying Qur'anic rulings into those
48
In
(khss)
this case, al(`mm)
that
those
are
particular
that are general
and
Shfiì's
classification
is generally
for
necessary
as
a proper
acknowledged
dispute
49
is
jurists,
There
Qur'an
the
the
also
no
among
meaning of
understanding of
so far as mutawatirhadith
is concerned. They are unanimous that this kind of fiadith
50
Controversy
khiyv)
`mrn
Qur'anie
(into
arises only on the
and
rulings
can specify
khabar
whether
al-wihid
question of
can specify Qur'anic rulings or not. Some
jurists, especially the Hanafis and ahl al-kaldm, reject the idea that khabar al-woid
knowledge,
is
kbabar
Qur'anic
probable
iid
only
and
al-w
rulings since
can specify
it cannot specify the definitive statements of the Qur'an. Al-Shfiì, however, takes
47A1-Shì's interlocutor is satisfied and accepts al-Shtiì s explanation and follows a]ShMi ls ideas. He says, "This is similar to the Book and Wisdom [concerning bequests]. The evidence
that you have is very sound since it is a religious obligation upon us to accept reports from the
Messenger of Allah. I now have turned to accept that [it is an obligation for] Muslims to accept
binding reports because of the argument that you have produced and others from the Book of Allah. I
am not too proud to admit that I have changed [my mind] when evidence became clear, in fact, I
I
is
it
that
should abandon my previous opinion and accept your present opinion
necessary
consider
since it is true. " , see al-ShifiÌ, Jimà1-ìim, 23, para. 53.
48-Shjì, Jimh al-Urn, 24-25, paras.,55-62.

49Hasan,Early Development, 181; a1-Shì is the first scholar who has proposed this
classification of Qur'anic verses.
'0Kamali, Principles, 108; Hasan,Early Development, 180f.
AL-SHAFPI'S CRITIQUE OF THE VIEWS OF AIM AL-KALAMAND
AHL AL FIQH
the view that khabar al-w(tid can specify general statements of the Qur'an,
152
and his
task is to prove that this is possible, and indeed necessary.
Al-Shfiì
presents examples to
show the importance
of
khabar
in
distinguishing `mm and khss in the Qur'an and the Sunna51 One is that the Qur'an
imposed
in
to
statement
as
an
obligation
on all Muslims. But
a general
prayer
refers
then the sunna shows among other things that menstruating women are excluded
from that obligation of prayer. The same is true of the zakt (the obligation to give
Qur'an
in
The
is
the
as though all property had to be assessed
general
ruling
alms).
for this purpose, but the sunna limits it to specific kind of property. The same is true
in the case of inheritance. The Qur'anic rulings are in general terms, but the sunna
believers
forbidden
between
is
inheritance
it
that
and unbelievers,
clear
makes
between slaves and free men, and between murderers and victims. All Muslims are
from
is
"it
Al-Shfl
fl
the abkam of
that
these
clear
matters.
concludes
unanimous on
Allah in His Book that Allah (made) it obligatory to obey His Messenger, as is also
the position which Allah has given him as the clarifier (al-ibana ànhu) what Allah
has revealed in terms of whether it is particular
or general, abrogating
or
abrogated."52
Al-ShAfiì points out that the basis for the acceptance of khabar is the duty of
Prophet.
follow
There is no dispute concerning the obligation to obey
to
the
mankind
the Prophet. There is dispute, however, concerning the transmission of the Sunna.
This is the underlying reason behind the rejection of khabar, that there is doubt about
the reliability of the reports. For ab] al-Mim,
it is an epistemic problem, a question
51A-ShMiì, Jimiàl-Um. 26-27, paras.63-64.

52,e,1-Shafiì,Jimàlilm, 27, para.76; trans.All, 172.
AL-SHAFIÌ'S CRITIQUE OF THE VIEWS OF AHL AL-KALAMAND
AHL AL FIQH
153
How
for
can it convey reliable knowledge, and is it true
accepting a report.
of criteria
is
The
aFkalm
ahl
of
with how we can know the Sunnarather
main
concern
or not?
than with the Surmaitself. In short, it is a problem of evidence. For ab] al-kalm, the
criteria advancedby al-ShOlì are not rigorous enough in themselves to guarantee
More
is
transmission
needed to establish truth than the reliability of
report.
of a
sound
the reporter or even of many reporters.

(3) Al-Shfiì considers resorting to ijtihd in general to be acceptable, and
is
that
not used as an alternative to khabar lzim (a
provided
praiseworthy,
even
binding report, whetherthe Qur'an, Sunnaand ljm 5, but as a meansof determing its
legal import or of deciding legal points, in the absenceof khabar lazim. He says:
"It is not for me or for any `lim (knowledgeble person) to
speak about permitting or prohibiting anything, or to take
anything from anyone or to give it to anyone, unless he
finds it (written) as a text in the Book of Allah, a sunna or
ijm , or in a binding khabar (khabar yalzamu). What is not
included in one of these khabars, we are not allowed to say
on the basis of our own approval (istihsn), nor by what
comes in to our minds. We can say it only as giys
(analogy) based on jjtihd required by binding khabar. If it
were permissible for us to say it without any model such as
giys by which the correct and the incorrect can be known,
it would also be permissible for everyone to say, like us,
whatever comes into his mind. But we and the people of
our time are obliged not to say anything other than as I
have described."53
Al-Shf ì's argument then revolves around the use of giys as the proper
method of ijtiid, implying the need for khabar izim as a basis for any analogical
M
figb.
in
reasoning
53A1-ShAfiì,Jitnàl-ilm, 33-34, paras. 107-08; trans. Ali, 176.

54A1-Shy'i, Jtmal `0", 33-46, paras. 105-65;cf. Chapter 3.
AL-SHAFI` 'S CRITIQUE OF THE VIEWS OF AHL AL KALAMAND
Al-Shfiì's
AIIL Al -FIQH
154
is
to
ahl
al-kalrn
straightforward. He tries to refute
objection
their assertation that a khabarfrom the Prophet may be rejected because it is difficult
to verify it. Al-Shfiì responds that khabar is the record of the Sunna. The command
Prophet.
Prophet
from
far
kbabar
As
Qur'an
the
to
the
to
refers
precisely
the
obey
of
is
it
be
basis
the
that
is
the
of
opinion
must
made
on
of
al-Shfiì
as giys concerned,
textual evidence from the Qur'an, the Sunna and ijm `.For him, these sources are the
foundation of ijtihd.
Al-Shfiì and ahl al-kahm represent two approaches to the question of the
its
different
function.
Al-Sha`l
khabar,
two
views
of
which reflect
validity of
is
knowledge.
Ah!
khabar
religious
al-kalm are more
of
as a source
concerned with
interested in the epistemic status of khabar, whether, for example, knowledge based
knowledge,
few
khabar
or
acquired
necessary
produce
or
one
or
a
persons
can
of
on
just opinion 55 Since al-Shfi`3's primary interest is in making practical decisions on
the basis of khabar, he does not argue very seriously with ahl al-kalam on the
4aa7th
He
is
khabar.
the
of
method
with
criticism. as
problem
of
content
epistemic
advanced by muhaddrthln.
5.4 Al-ShAR'I's Arguments against Ah! al-figh

Al-Shfiì sets up to convince his opponents amongst ahl al-figh of the validity of his
kMssa.
He
his
does
by
the
arguments
challenging
of
opponents
al
so
on
akhbr
view
and undermining their doctrine of ijm : He uncovers contradiction and conflict
doctrine,
his
from
the very beginning, is this
their
and
weapon,
critical
within
accusation of contradiction
within
ijma `. He arrives at the conclusion that the
55A. S. Tritton, "Some Mutazili Ideas about Religion in particular about Knowledge based
on GeneralReport", in BSOAS, 14 (1952), 612-13.
AL-SIIAFFI'S CRITIQUEOF THE VIEWSOF AHL AL-KALAMAND AM, AL-FIQH 155

outcome of `tlm al-AA W is ikhtilaf, and not ijm . His aim in undermining ijm ìs
to establish a chbar al-khssa as a source of ilm.
The reason behind al-ShAfiì's Ijm ` polemics lies in the view of ahl al-figh,
for
ijm
às
the authentication ofhadlth
who use
a criterion
akhbr al kb
and as a barrier against
56
a. In al-Shfifi`3's view, ahl a1-figh have given ijmA` a higher status
than akhb&r al-khd a because they use ijm ` as a criterion
to determine the
authenticity of akhbr al-khssa and its binding force. Al-Shafiì points out that such
a view would give the impression to ordinary people that authentic khabar is
important
ìs
ijrna
the
source of knowledge 57 Al-Shfi`l's
most
worthless, and
one
arguments with which he undermines the notion of &9
'according to ahl al-figh are
as follows:
(1) Al-Shaffi
argues that disagreement (ikhtiI
among Muslim
scholars
happens everywhere. He highlights internal and regional divisions among Muslims,

and mentions differences among local scholars of various places such as Mecca,
Medina and Kufa. 58 In Mecca, for example, al-Shfi`l cites À1' b. Abi Rabh (d.
114/732). Although some people agreed with him, yet others preferred a different
opinion to his. Another example is Muslim b. Khlid al-Zanji (d. 189/804) who gave
fat was. Some preferred him, but others inclined towards the view of Said b. Salim
(d. 200/815). These men's followers would find fault with their opponents, and
beyond
faults
their
the limit (of politeness). Al-Shfiì also mentions that
exaggerate
56SeeZafar Ishaq Ansari, "An Early Discussion

on Islamic Jurisprudence: Some Notes on alRadd àa Siyar al-A wz 7', in Islamic Perspectives: Studies in Honour of Mawlfn Sayyid Abut A79
Mawddt, ed. K. Ahmad and Z. 1. Ansari (Leicester, 1979), 158; cf. Chapter 2.
57A1-Shfiì,Jim àl- `N, 52-53, paras. 190-93.

58Cf. Schacht, Origins, 7f; according to Makdisi, Schacht highlights
the significance of
geographicalregions as far as schoolsof law were concerned,see George Makdisi, "The Significance
of the Sunni Schoolsof Law in Islamic Religious History", in IJMES, 10 (1979), 2.
AL-SHAFFI'SCRITIQUEOF THE VIEWSOF AHL AL KALMAND ARL AL-IIQH
156
Said
b.
(d.
941712),
but
Medina
in
then abandoned
al-Musayyab
preferred
people
Malik
In
b. Anas (d.
his
time,
the
majority
preferred
al-Shdfi`3's
opinions.
some of
179/795), but others were extreme in condemning Malik's view. Ibn Abi al-Zind (d.
174/790) went beyond politeness in blaming Malik. Al-Mughira
(d. 186/802), Ibn
Abi Hzim (d. 185/801) and al-Darwardi (d. 187/802 or 189/804) accepted Malik's
59
them
views, yet others condemned
Accordingly, al-Shfifiì concludes that no agreement exists, but instead only
disagreement exists. Therefore, there is no ijm ` at all. Here al-ShOVI denies the
fqh
(tafaqquh
wahid/rmm), since no agreement
existence of any single system of
has been achieved. For al-Shaflì's interlocutor, the most important thing is that
different
Questions
such
as
agreement.
scholars should reach an
approaches
(madhhib), interpretation (ta'win, unawareness (ghafla) [of particular hadiths] and

60
fugah'
(na
the
aside
among
are
put
ss)
rivalry
(2) Al-Shawl
also dismisses the possibility
ijmd
` in ilm aluniversal
of
khssa. He refers to the occurrence of ikhti]f in the time of the "rightly-guided

caliphs" (aI-khulafi'al-rshidiln)
concerning fay6l and inheritance, on which there
62
inheritance,
In
Bakr
Ùmar.
Ab
between
Ab
the
disagreement
case
of
and
were
Bakr held that the grandfather takes the position of the father if the latter dies before
him. Ùmar, however, gave the grandfather the same share as an inheriting brother. 63
59A1-Sheri, Jim'al- L1rn,60-62, paras. 240-43.

6OAI-Shj ì, Jim' aJ-ìlm, 64, paras. 249-51.
61Fay'literally means"that which came back". Al-Shawl points out that the fay' is property
"that which God returned to his people (without fighting on their part) from those who opposedHis
Theories
Nicolas
P.
Aghnides,
Mohammedan
see
of Finance with an Introduction to
religion",
MohammedanLaw and a Bibliography (New York, 1969),425.
62Cf. Schacht,Origins, 95-97.
63A1-Shfiì,Jimd'al-Um, 91, paras.377-83.
AL-SHAFFI'S CRITIQUE OF THE VIEWS OF ALE AL-KALAMAND

(3) Al-Shfiì
criticises
ijm ` as subjective.
AHL AL FIQH
There is no agreement
157
on the
number of scholars needed to constitute ijm , oron how to measure a majority. AlShafiì shows that majority opinion is not the correct criterion of ijm`. He points out
that neither the exact number of the majority
nor that of the minority
can be
determined. He claims that if one agrees with a certain opinion, one says it is the
view of the majority and if one wishes to reject it, one says that it is the minority
ljm
`
64
Thus,
test
the
to
the
of
was arbitrarily made.
pass
claim
view
(4) In order to reject the view of ijma`taken
by ahl al-fqb, al-Shfi`3 argues
further that their definition of a scholar is ambiguous. As far as ahl al-hadith are
concerned, ahl al-IIalways
being
ignorant
them
of
since they accept khabar
accuse
al-infird (isolated reports) 65 In fact, according to al-Shy ì, most Muslims deny the
ability of ahl al-hadYth to be fugah , and accuse them of ignorance. Accordingly, ahl
al-hadJth are not permitted to give any view, and their views have always been
excluded. 66 Al-Shfi`l is of the opinion that a great jurist is one who has faith in
hadith, but to his interlocutor, who represents ahl al-figh, ahl al-fiadith are the most
ignorant since they accept isolated reports.
As far as ahl alkahim
are concerned, al-Shafiì
points out that his
interlocutor's view is inconsistent. In some cases, he accepts them as knowledgeable,

he
in
cases,
rejects them when they contradict ljm `. The question arises,
other
and
does the interlocutor consider ahl al kalm to be jurists even though others reject
them?67To clarify the matter, al-Shy ì refers to two cases, the wiping of boots and
MAl-Shfiì, Jim' al-`1m, 56-57, paras.219-32.

65A1-Shifiì, Iimàl-ìfn, 59-60, para. 236.
66A1-Shfiì,Iim àl- ihn, 60, para.239.
67A1-Shfiì,Jim'al-'ihn, 54-55, paras.204-08.
AL-SI-IAFFPSCRITIQUEOF THE VIEWSOF AHL AL KALAMAND AFIL AL FIQH
158
the stoning of married adulterers. Ah] al kalm reject them both as invalid. In the
first case, the interlocutor prefers ablution ( wua j as prescribed in the Qur'an, since
there is disagreement ron the validity of wiping especially with ahl al-kalm. For the
interlocutor, if there is disagreement, the matter must be referred to its origins whin
in this case is ablution. Al-Shf ì now refers to the stoning of married adulterers. In
this respect, ahl al-kalm differ from ijrna`since the Qur'an only refers to flogging,
Muslims
is
unless
agree on it. Accordingly, there is no
unlawful
and executing people
basis for stoning married adulterers since no universal ijta'
has been reached on it.
This, however, is contrary to the interlocutor's position (as well as al-ShWi) since he
6s
to
the
to
adulterers
married
punishment
apply
stoning
also seeks
(5) Al-Shfiì also argues that there is no possibility
of the occurrence of
#m4'since. there is no common meeting place for scholars. Hence, it is impossible to

Moreover,
he
the transmission of their
them
whether
of
agrees
or
not.
ask each
consensus by the generality
(nag] al- `mma) is unlikely
to occur. Only
the
transmission of specialists (nag] al-khssa) is possible. Since the interlocutor dislikes

basis
its
the
on
of
unreliability,
nag] a1-khassa
he has no means of verifying his
is
indispensable.
ijmff
Al-Shfiì
`.
In
khabar
this
ssa
case,
al-kb
presumed
that accepting nag] aIkhdysa is necessary whether in respect of ijmd'or
stresses
ltadith. Thus,
there is no reason to reject khabaral-khssa in respect ofhadith when it is accepted in

respect of ijma`. Al-Shfiì then compares the attitude of his interlocutor with that of
Both
in
fact
have the same attitude, that is to say, both rely on taglid. In
ahl al-hadith
the case of ahl a1-/iadrth, they put their trust in jaadlth, and base their rqh upon it.
This is already well-known. As far as the interlocutor is concerned, al-Shfiì
claims
68A1-5hjì, firm' al- llm, 55-56, paras.209-18.
AL-SHAFT`l'SCRITIQUEOF THE VIEWSOF AHL AL KALAMAND ANL AL-FIQfI
159
that he puts his trust in ijm : So, if the interlocutor accuses ah] al-%iadIth of being
ignorant because they accept khabar a1-.infirad, the interlocutor
is also guilty
of
ignorance since he just assumes something as ijm `which in reality is not #M. 169
(6) Al-Shifiì
cites many examples to show that ikhtilf
is inevitable. His
decide
direction
how
is
to
the
of the qibla. Lkhti]Afcan happen
well-known example
However
Ka`ba
is
the
we cannot conclude that al-Shfi`l favours
when
not visible.
ikhtilf. He does say that if ijtihd is properly conducted, ikhtilaf could be limited
and minimised. With such arguments, al-Shfiì attempts to undermine ijmd às used
by aN al-figh. His aim is to show that ijma ìs not a criterion for validating akhbr alkhssa.
(7) Al-ShWi
analyses the true nature of ijm`. He perceives that claims made
for Jjm `were largely polemic, and did not reflect any real certainty or absence of
dispute. As mentioned earlier, al-Shaffi
was inclined to restrict the application of
ijma ` to ìlm al- `mma, that is to the realm of general religious obligations such as
fasting in Ramadn and zakt. Here, he explains when it is said, "people agree"
(ajma `c it means that nobody can claim that there is no ijm `. As far as details of the
,
law are concerned, al-Shawl classifies them under `Jim al-kh,c a, wherein precisely
there was no certainty but only ikhtilf.
Al-Shafiì
points out that there is no
occurrence of any lima ` in Um al khsp.

As far as ijm ` ah! al-madina is concerned, a]-Shfi`3 defends it as more
Iraqi
#m'
because ijm-àb] al-madina is the agreement
the
than
claimed
reasonable
of a particular group. Al-Shfiì
criticises his opponent's position on ijm` by
69AI_Shyì, Iimàl-ìlm, 57-60, gams.233-36.
AL-SHAFFI'S CRITIQUE OF THE VIEWS OF AlIL AL-KALAMAND

claiming
that it is worse than ijma àhl al-madina.
ijma ìn a particular group, it is even less likely
ABL AL FIQH
160
If it can be claimed that there is no
to occur universally.
For al-Shafiì, the nature of ijmaàs held by ahl al-fiqh is different from true
rjma` (khilf
ijm`
Their
be
).
so-called
may
mere opinion transmitted
al-ijm
through an isolated report (khabarmunfarrd). Al-Shfiì give examples to support his

ijm
is
`.
The
fact
in
like
Ibn
there
that
no
earliest
authorities,
alactual
argument
Musayyab, Àt', al-Sha`bi, al-Hasan and others, had different opinions on several
issues, for example on carf(exchange of currency), mukhgbara (contract to cultivate
land for a share of its produce) and other matters. There was hardly any such thing as
the agreed practice.
Such examples enhance al-Shfiì's argument that there is no ijm `. In their
own lifetime, the views of the above authorities were not universally accepted by
Muslims and when they died there was no ijmn èither.
A1-Shffi adds that the Successors also accepted isolated reports in making
decisions. So how could some people disagreed with their decisions basing on alAl-Shah's
is
that ahi al-figh oppose isolated
argument
main
reports (khabar àll alinflrd)
even though the Successors accepted them and
khabar almunfarid
furthermore
allowed disagreement. For al-Shfiì,
the Successors are in full
have
isolated
an accommodating view
and
accepting
reports
about
agreement
towards disagreement, while, ahl a1-figh reject isolated reports, prohibit disagreement
7
Successors
the
exercised
giys.
and assume
70Al_Shdfiì,Jimàl-ihn, 70.73, paras.281-88.
AL-SHAFIÌ'S CRITIQUE OF THE VIEWS OF AM AL-KALMAND
AHL AL-FIQH
161
Al-ShAfiì points out that ,rjma ` did not occur among the Successors. They
If
`
ijm
had
ijmd
:
have
described it as
they
the
word
occurred,
would
used
never
.
ijm `because they would never have concealed anything that they knew (19 yaskutn
à1shay' in àlimn-hu). For al-Shfiì, if there had been ijmd' as claimed by ah) alfigh it would have played a major role in knowledge. However, this was not the
71
case
Referring to the &J'
of the Companions, al-Shaì
both in words and in actions. By contrast, ahl al-figh
defines it as agreement
take the jjma ` of the
Companions to mean that when one of them relates ahadrth from the Prophet, none
by
hadith).
This
it
is
(for
producing
them
a
contrary
example
contradict
will
of
has
indicate
that
the
to
their
come from the Prophet. The
report
consensus
enough
Companions
from
shows their satisfaction with the
any
objection
other
of
absence
hadith, and consstitutes their jjm `.72
Al-Shf
ì opposes this view of the ijm ` of the Companions. For him, the
context or background of a hadith may determine whether it encounters opposition. It

is possible that when one Companion relates a hadith, the others do not listen to it, or
have no knowledge at all whether it was a saying of the Prophet. The 4adllh may be
contrary to the actual practice of the Prophet, but because the Companions do not
know anything to the contrary, it is not their duty to reject what another has said.
Moreover, it is a moral duty to listen when someone is talking, and for this reason
they may have simply kept silent 73
71A1-ShaIIi, Jim' al-Yltn, 73-75, paras.289-94.

72q1-Shafiì,Jim'al-ìlm, 88-89, paras.366-37.
73p-Shfiì,Jimà!
89,
368.
paras.
-%n,
AL-SHAFIÌ'S CRITIQUE OF THE VIEWS OF ARL AL-KALAMAND

In conclusion,
the reliability
al-ShMfiì holds that &j'is
AHL AL FIQH
not a valid criterion
162
for deciding
For
khabar.
him, &. 1' is acceptable as a source of
truth
of
and
knowledge, but is not binding when it opposes the authentic Sunna, even when that
Sunna is contained in akhbr a1-kh sa. However, the stand of ahl al-iqh cannot be
totally rejected. Ijm `can play a role when necessary as external evidence to verify
the binding nature of akhbr al-khssa. For example, an interpretative step is needed
between khabar al khvsa and its legal application: not every khabarthat appeared to
be a command was in fact a command. The command
may be interpreted as
discouraged,
forbidden.
indifferent,
and
required, recommended,
5.5 The Opinion of a Companion

For al-Shfi`l, the condition laid by his interlocutor that khabar from the Prophet is
Companion
from
is
is
there
a
a weak
report
no.
contradictory
authentic only when
it
Knowledge
the
the
why
may
explain
report
of
was not
of
cicumstances
argument.
Firstly,
opposed.
there is the possibility
that a contradictory
report has been
transmitted in other countries. Secondly, a Companion related such a report when he

is
it
In
dying.
he
journey
two
these
possible that no
situations,
was
or when
was on a
Al-Sh
fi`z's
interlocutor,
have
been
Companions
the
time.
present
at
would
other
.
however, believes that a Companion in such circumstances would only transmit a
by
This
is
(mashhfr)
used
al-Shfiì as an argument in
report.
answer
well-known
khabar
al-wliid
of
support
If this is the case, he says, he also finds that a large
number of Successors transmit a report by naming only one authority, even though
they know that a report has many transmitters. 74
74A]-Sha ì, Jima' a)-91m,82-84, paras.333-42.
AL-SHAFITS CRITIQUE OF THE VIEWS OF AJIL AL-KALAMAND

Thus,
al-Shfiì
maintains
that
the
Qur'an
and
the
AHL AL FIQH
opinions
of
163
the
Companions should be interpreted in the light of the authentic Sunna transmitted

through the authentic akbbr: His principle is that expressed later in the phrase: a1sunna gtfiya à1aal-Qur'an (the Sunna is the decisive authority for determining the
75
In
Qur'an)
the
the
text
contrast, ahl al-frgh, especially the llanafis,
of
meaning of
Sunna
Qur'an
the
the
that
should be interpreted in the light of the
and
maintain
This
is
because
Companions
Companions.
knew better the true
the
the
practice of
intentions of God and His Prophet.
The vitality of al-Shf l's
works illustrates the tension that had arisen out of
the divergence between the use of hadlth and the legal practice of the community in
the Islamic sciences. Al-ShAfiì upholds in theory and practice the importance of
Kadi h by insisiting on its application in legal points. AN al-figh, however, resist the
thorough application of hadith. In so doing, they became vulnerable to the attacks of
al-Shfiì and ahl al-hadith. However, ahl al-figh remained largely unaffected by the
triumph of al-ShON's thesis. They continued existing legal practice by means' of the
doctrine of &4r,
and continued to use ijm às a criterion for validating hadith.
In the final analysis, al-Shafiì's efficacy in his polemics against his opponent
is not so much in rejecting his opponent's views as a whole but in bolstering abl alfiadith who seek to establish practice exclusively on the hadith of the Prophet.
75Nyazee,TheoriesoflslamicLaw, 179.
CONCLUSION
Al-Shffiì
film
ideas
his
on
and khabar systematically.
presents
The evidence
is
has
in
that
there
this
shown
a close relationship between ìlm and
presented
study
khabarin al-Shfiì s view.
In general, Itbabar is a source of ìlm along with other sources: senses and
is
first
Islam,
In
the
history
the
al-Shfiì
scholar who highlights the claim
of
reason.
that true knowledge arises from khabar. His view of Um is based exclusively on
khabar. The Qur'an, the Sunna and badith of the Prophet are all called akhbr 1Thus,
ìlm and khabar come together in al-Shfi`l's view. In fact, for al-Shfi`l, all 71m
must be based on a chbr, and this is the epistemological position that he fought to
establish.
Al-Shfiì's division of 71m into 71m al- Èmma and `Jim al-kh$ a is closely
khabar
khabar
into
`mma
his
division
khabar
to
and
al-kbga. In short,
of
alrelated
khabar al- `mmaleads to ihn al- àroma, and khabar al-khssa leads to `Jim al-kh$ca.
Khabar al- àmma has two main characteristics: (1) Its truth cannot be denied or
doubted; (2) It is transmitted by a source which cannot and does not choose to lie,
that is to say, a general public transmission. Examples include the Qur'an and the
established Sunna (e.g. that the afternoon prayer comprises four cycles). By contrast,
kbabar al-khssa implies a report which may be true or false. Accordingly, it has two
main characteristics: (1) its truth may be doubted; (2) it is transmitted by a fallible
source which means, inter alia, a possibility of lying. The prime example is a singletransmitter report (kbabar al-whid).
The most original contribution of al-ShMY1 to the problem of the relationship
between `,ilm and khabaris his discussion of khabara! -whid, that is to say the single1SeeaboveChapter3, pp.91f.
164
CONCLUSION
165
transmitter report of the Prophet's Sunna. Though al-Shaflì's concern is more with
using khabar al-whid as a legal proof, his discussion also has epistemological
implications. He attempts to demonstrate the reliability
of khabar al-wfiid as a
source of 71m. His main criterion is the isnd of the khabar. An authentic khahar
His
lies
in
his claim that khabar is the only
originality
stands as an authentic sunna.
Sunna,
legal
Prophetic
knowing
the
the
not
practice of the community. His
means of
khabar
the
on
al-wlhid. He uses religious arguments
reliance
arguments vindicate
khabar.
As far as religious
to
the
argue
reliability
of
common
sense
approach
and a
binding
he
to
the
authority of the Sunna and the
refers
arguments are concerned,
lie
in
fire
hell
their reports. For al-Shfiì,
transmitters
those
to
who
promise of
khabar about the Prophet's Sunna is transmitted by experts (muhaddithin). In other
words, he argues the truth of khabaron the basis of the reliability of its transmitters.
As far as a common sense approach is concerned, al-Shfiì argues that for those who
have not met the Prophet, the only way to know him is through khabar.
There is no general rejection of khabar as a source of ùm. The concern is
with knowledge that arises in respect of kbabar of the Prophetic Sunna. The work of
Imam al-Shaffl illustrates this interesting and controversial issue concerning ithabar.
The positions of Muslim
scholars prior to al-Shdfiì and of his contemporaries
towards khabarcan be summarised as follows:

1. The early schools of law (ahl al-fiqb) and ahl al-kalm hold a "reductive
3
khabar.
This
if
khabar
holds
is to be vindicated as a
that
to
approach
response"2
51m,
its
be
of
acceptance
must
on the basis of other sources of 71m, such as
source
contemporary ijin , the practice of the Muslims, and reason. Ah] a1-kahlm have a
negative attitude towards any type of khabar whether khabar al- àroma or khabar alkhsca. This is as expected since their main source of Um is reason. The acceptance
2The term is borrowed from Coady, Testimony.
3See above Chapter 2, pp. 57-68.
CONCLUSION
166
inconsistent
khabar
be
as
with their epistemological world-view. As far
of
seen
may
as ahl al-figh are concerned, they accept both types of khabar in a general sense as a
source of ìlm. In the case of akhbdr al-khssa, they attempt to evaluate the truth of
&J'and
by
to
contemporary
akhbr
referring
common practice. If khabar al-khcsa
is in agreement with their criteria, they accept it as a source of ìlm. Their objection
to khabar al-whid concerns a transmission of khabarthat fails to fulfil the conditions
is
by
khabar
legal
testimony,
al-wrhid
related
only a single transmitter. Alsince
of
ShaWl argues against these views of ahl al-figh and ahl al-kalm.
2. Ah] al-hadkb hold an "anti-reductive response"4 to khabar. This approach
Um.
Al-Shafiì
in general agrees with ahl alkhabar
of
accepts
absolutely as a source
hadith's approach. For him, there is no way for those who live after the death of the
Prophet to know the Sunna of the Prophet except by means of khabar. In al-Shtfiì's
Islam
in
-iadith
to
the
their enthusiasm to
cause
of
view, ahl al
perform great service
collect every report about the Prophet's Sunna. He vigorously supports the method of
transmitting ,iadith through a single transmitter by arguing that this method is
sanctioned by the Qur'an, the Sunna, the precedent of the Companions and the
Successors and the ijm ` of the scholars. Al-Shi fiì s intellectual arguments have a
great influence. In the first place, he attempts to persuade his fellow scholars to
accept the binding authority of khabar al-whid, and secondly, he motivates ahl alhadi'th to systematise their hadith collections.
Muslim scholars have their own approaches to khabar, in which they attempt
to answer the problem of how the reliability
of khabar can be proved. Al-Shf `l
provides strong evidence for the acceptance of khabar al- wafird as a source of ìlm.
He succeedsin defending and arguing for the cause ofhadrth. The end result has been
4 The term is borrowed from Coady, Testimony.
CONCLUSION
167
the establishment of al-Shfiì's school of law, which seeks to establish legal points
hadith.
basis
Prophetic
the
the
of
on
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THE RELATIONSHIP BETWEEN

ABDUL SALAM MUHAMAD

THESIS PRESENTED TO THE UNIVERSITY

FOR THE DEGREE OF PH. D

signature of candidate ...

Date of candidate's admission as a research student: December 1993

Mr. Abdul Salam Muhamad Shukri has fulfilled

the regulations applying

Access to this thesis in the University Library, if it is accepted, shall be unrestricted.

This study examines in detail the basis of al-Shfi`i's

supremacy of oral tradition over communal legal practice. It concentrates on one

of authenticating a khabar was used by those opposed to the intellectual

arguments with two identifiable schools of opposing thought, ahl al-kalm

1. The Original Sources

2. Review of Previous Studies

Note on the translation of the Qur'an

1: The Life of Imm al-Shfi`i (150-204/767-820)

1.1 His Full Name

1.2 Date of Birth

1.6 Al-Shfi`1'sEducation and Scholarly Life

1.6.1Early Life and Education in Mecca

1.7 Date of Death

2.1 What is `Rm?

2.2 What is Khabar? .....................................................................

CHAPETR 3: Al-Shfi`1's Discussionof 71m(Knowledge) .........................

3.1 `]m in al-Shfi`i's Terminalogy

3.2 A1-Shfi`i's Classification of `Jim

3.3 `Jim al- `mma and Jim al-kh sa

3.4 Sources of the Derivation of 'Em al-din

3.4.1 The Book of God (The Qur'an)

3.4.2 The Surma of the Prophet

3.5 Other Features of al-Shfifi`i's Discussion of Wm

CHAPTER 4: Al-Shfi`i's Discussion of Khabar al-whid as a Source of `I1m 100

4.2 Two types of Khabarin al-Shfi`i

4.3 Al-Shfi`i's View of Khabara1-wiid

4.4 Criteria for the Acceptance of Khabar al-walhid

4.5 ComparisonbetweenAccepting Khabaral-whidand Accepting

4.6 Khabar al- whid as Expert Reports

4.7.1 The Qur'an

4.7.3 The Practice of the Companions

4.7.4 The Practice of the Successors

4.7.5 The 7jma ` of Muslim Scholars

5.1 The Responseof Ahl al-kalm to Khabar

5.2 The Response of AN al-figh to Akhbr al-khssa

5.3 A1-Shfi`i's Objection to Ahl al kalam

5.4 A1-Shfi`i'sArguments againstAh] al-figh

5.5 The Opinion of a Companion

NOTE ON THE TRANSLATION OF THE QUR'AN

The American Journal of Islamic Social Science

Bulletin of the School of Oriental and African Studies

British Society for Middle Eastern Studies

Encyclopaediaof Islam (First ed., 1913-1938)

Encyclopaedia of Islam (New ed., 1960-)