Is the Shari'ah of those before us, as transmitted in the Qur'an and the Sunnah, a Shari'ah for us?
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The Shaykh : Is the Shari'ah of those before us, which is transmitted by the Qur'an and the Sunnah, considered a Shari'ah for us? Please mention the evidence, and may Allah reward you with good.
The Shaykh : There is a distinction to be made. The Shari'ah of those before us is not a Shari'ah for us, nor is it a Shari'ah for us in any absolute sense; a distinction is necessary. If it is mentioned merely as a narrative about those before us, and there is nothing indicating that Islam has adopted that ruling, then it is said: The Shari'ah of those before us is not a Shari'ah for us. This is the default rule, based on his saying (peace be upon him):Sahih al-Bukhari 438. The Shari'ahs of those before us are not general Shari'ahs. However, if evidence establishes that the ruling mentioned in the Qur'an and the Sunnah is a ruling for us as well—even if by way of apparent indication rather than explicit text—then it is said: This is a Shari'ah for us. Not merely because it was a Shari'ah for those before us, but because certain indications were found that point to it being a Shari'ah for us. For example, the hadith of the three men who took refuge in a cave. The Messenger (peace and blessings be upon him) narrated this hadith to his Companions. This hadith was narrated by a group of Companions, including Anas, Ibn 'Umar, and others, which indicates to the researcher that the Messenger (peace and blessings be upon him) would repeat the narration and report such hadiths. This hadith... revolves around seeking nearness to Allah through righteous deeds, but it provides a clear picture on one hand, and the effect of this seeking nearness through righteous deeds on the one who seeks it on the other hand.
The questioner : May Allah reward the Shaykh with the best reward, and benefit us and you with what we have heard. Until we meet again in the next tape of this collection.
And peace be upon you, and the mercy of Allah and His blessings.
The Shaykh : There is a distinction to be made. The Shari'ah of those before us is not a Shari'ah for us, nor is it a Shari'ah for us in any absolute sense; a distinction is necessary. If it is mentioned merely as a narrative about those before us, and there is nothing indicating that Islam has adopted that ruling, then it is said: The Shari'ah of those before us is not a Shari'ah for us. This is the default rule, based on his saying (peace be upon him):
Every Prophet used to be sent to his nation exclusively but I have been sent to all mankind.
فكان النبيُّ يُبعث إلى قومه خاصَّة ، وبُعِثْتُ إلى الناس كافةThe questioner : May Allah reward the Shaykh with the best reward, and benefit us and you with what we have heard. Until we meet again in the next tape of this collection.
And peace be upon you, and the mercy of Allah and His blessings.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
