Is it correct to say that the Prophet (peace and blessings be upon him) is a legislator?
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The questioner : The questioner says, "O honorable Shaykh, is it correct for us to say that the Prophet (peace and blessings be upon him) is a legislator? We hear this often, even though he (peace and blessings be upon him) said: [Al-An'am 6:50], and we are all commanded to follow the revelation?"
The Shaykh : Yes, the scholars refer to the Messenger (may Allah's prayers and peace be upon him) as a legislator, and they have evidence for this. The Prophet (peace and blessings be upon him and his family) said:Sunan Abi Dawud 47Sahih (Al-Albani). This indicates that he commands them and acts independently regarding their affairs. He once went out late at night for the 'Isha' prayer and said: Sahih Muslim 638c.
But when the Messenger (may Allah's prayers and peace be upon him) commands something or forbids something, do we say that he commanded or forbade it based on personal desire, or based on a matter he sees as beneficial? The second or the first?
The student: The second.
The Shaykh : The second. If Allah approves it, if Allah approves it, then it is a divine law (Shari'ah). Thus, it becomes the law of Allah through His approval, and the Messenger (may Allah's prayers and peace be upon him) has legislated it for his Ummah, and Allah has approved it.
Therefore, if the Prophet (may Allah's prayers and peace be upon him) exercises independent legal reasoning (ijtihad) in a way where the benefit lies in the opposite, Allah the Exalted alerts him to it. Allah Mighty and Majestic said:[At-Tawbah 9:43]. This indicates that what the Prophet (may Allah's prayers and peace be upon him) said or did, and Allah remained silent about, is what Allah Mighty and Majestic was pleased with.
In summary, the Prophet (peace and blessings be upon him and his family) legislates for his Ummah and is described as a legislator. Yes.
I only follow what is revealed to me.
إن أتّبع إلا ما يوحى إليّThe Shaykh : Yes, the scholars refer to the Messenger (may Allah's prayers and peace be upon him) as a legislator, and they have evidence for this. The Prophet (peace and blessings be upon him and his family) said:
Were it not hard on my ummah, I would order them to use the tooth-stick at the time of every prayer.
لولا أن أشق على أمّتي لأمرتهم بالسواك عند كل صلاةThis is the proper time for it; were it not that I would impose a burden on my people
إنه لوقتها لولا أن أشق على أمّتيBut when the Messenger (may Allah's prayers and peace be upon him) commands something or forbids something, do we say that he commanded or forbade it based on personal desire, or based on a matter he sees as beneficial? The second or the first?
The student: The second.
The Shaykh : The second. If Allah approves it, if Allah approves it, then it is a divine law (Shari'ah). Thus, it becomes the law of Allah through His approval, and the Messenger (may Allah's prayers and peace be upon him) has legislated it for his Ummah, and Allah has approved it.
Therefore, if the Prophet (may Allah's prayers and peace be upon him) exercises independent legal reasoning (ijtihad) in a way where the benefit lies in the opposite, Allah the Exalted alerts him to it. Allah Mighty and Majestic said:
May Allah pardon you, [O Muhammad]; why did you give them permission [to remain behind]? [You should not have] until it was evident to you who were truthful and you knew [who were] the liars.
عفا الله عنك لم أذنت لهم حتى يتبين لك الذين صدقوا وتعلم الكاذبينIn summary, the Prophet (peace and blessings be upon him and his family) legislates for his Ummah and is described as a legislator. Yes.