Usul-Al-Fiqh Made Easy (Part 15) - What is Qawl as Sahabi?
In our ongoing study of Usool al-Fiqh (principles of Islamic Fiqh), we have systematically examined the various sources of Al-Hukm (Islamic rulings). We have covered the primary sources - the Quran, Sunnah, and Ijma (scholarly consensus) - and explored different methodologies of Ijtihad including Qiyas (analogical reasoning), Istihsan, Amal Ahlul Madina (practice of the people of Madinah), Istishab (presumption of continuity), Sadd al-Dhara'i (blocking the means), and Masalih Mursalah. Today, we examine another important source within Ijtihad: Statements of Companions (قول الصحابي - Qawl as-Sahabi).
Understanding Qawl as-Sahabi
When we say Qawl as-Sahabi or the statement of the Companion, it is a general term that can mean different things and falls under different categories. The Companions (رضي الله عنهم) held a unique position in Islamic history - they witnessed the revelation (Wahy), learned directly from the Prophet ﷺ, and understood Islam in its pure, original form. Their statements and actions fall into various categories, each with its own level of legal authority depending on the nature and circumstances of the statement.
To properly understand when and how a Companion's statement can serve as proof in Shari'ah, we must examine the different categories scholars have identified.
Categories of Qawl as-Sahabi
1. Al-Marfoo al-Qawli Hukman (المرفوع القولي حكماً)
This category refers to a narration from a Sahabi (companion) who is not recognized for transmitting narrations from the Ahl al-Kitab (People of the Book), and it does not stem from personal opinion or juristic reasoning (Ijtihad).
Legal Authority: These narrations are considered binding proof as they are referred to as Al-Marfoo al-Qawli Hukman, indicating that they are elevated to the level of the Prophet's sayings in terms of their legal authority, despite not being directly attributed to him.
Reasoning: If a Sahabi says something and it's not likely that it's his opinion or Ijtihad, or if what he's narrating cannot stem from his personal opinion, then it has to be from the Prophet ﷺ. For example, a Sahabi cannot say something about rewards in the afterlife or matters of the unseen from his own opinion - he cannot see what happens in the grave or know what reward someone will get. This cannot be from his personal opinion, so it has to be from the Prophet ﷺ.
Example: Reciting Surah Al-Kahf on Friday
Regarding the practice of reciting Surah Al-Kahf on Fridays, there are narrations found in Sunan Nasai, Mustadrak Hakim, Al-Mukhtaarah by Imam Zia Al-Maqdasi, and Tabarani's Al-Mujam AL-Awsat. These narrations present slight variations in wording but are considered weak in authenticity, as explained in detail by Shaykh Abdullah al-Fawzan in his book "Ahadith al-Waridah fee Qiraah Surah al-Kahf Yaum al-Jumah".
However, there is an authentic narration reported in the Sunan Ad-Darimi 3407, that Abu Saeed رضي الله عنه said, "Whoever reads Surah Al-Kahf on Friday, for him light will shine from beneath his feet to the clouds in the sky, and will remain shining for him on the Day of Resurrection, and he will be forgiven for what occurs between the two Fridays (from his minor sins)".
In the book Talkhees Al-Habeer 2/146 by Ibn Hajr, the author states that the previous statement about reciting Surah Al-Kahf on Fridays is not a hadith attributed to the Prophet ﷺ. Rather, it is a statement made by Abu Saeed, and should not be ascribed to the Prophet ﷺ.
2. Al-Marfoo al-Fi'li Hukman (المرفوع الفعلي حكماً )
Al-Marfoo al-Fi'li Hukman refers to an action carried out by a companion that would not ordinarily be based on personal opinion.
Legal Authority: This is a binding proof in Shari'ah. When a Sahabi performs an action in worship that is unusual or specific, and it's not possible for him to have derived this from his own Ijtihad, it must have come from the Prophet ﷺ.
Important Condition: Such actions should never contradict what is established from the Prophet ﷺ.
Example: Ali رضي الله عنه performing more than two bowings (Rukoo) in each unit (Rakah) of the Eclipse Prayer (Salat al-Kusoof). This unusual practice in prayer indicates it was derived from the Prophet ﷺ, making it binding proof.
3. Marfoo at-Taqreeri Hukman (المرفوع التقريري حكماً)
Marfoo at-Taqreeri Hukman refers to a situation where a companion reports that a certain practice was common during the Prophet's time and that they were not stopped from doing so.
Legal Authority: This is a binding proof. Even if the Prophet ﷺ did not directly witness the specific action, it was not concealed from Allah, and since revelation was ongoing, the lack of prophetic objection to the practice gives it endorsement.
Example: Narrated Jabir: "We used to practice coitus interruptus while the Qur'an was being revealed. Jabir added: We used to practice coitus interruptus during the lifetime of Allah's Messenger ﷺ while the Qur'an was being revealed." (Sahih al-Bukhari 5208)
The fact that the Companions practiced this during the Prophet's lifetime without being stopped makes it permissible.
4. Ijmaa as-Sukuti (إجماع سكوتي)
When a course of action is reported to have been taken by a large number of companions (Sahabah) and none of them opposed it, it is considered to be proof in Deen.
Legal Authority: This becomes binding proof. Ibn Qudamah referred to this as "Ijma Sukuti" (silent consensus).
Example: Permissibility of Wiping Over Socks
Permissibility of wiping over Jawrabayn (socks) not Khuffayn (leather socks which is established by Hadith) is reported from 13 Sahabah with no opposition.
They are: 1) Ali 2) Ammar 3) Ibn Masood 4) Anas 5) Ibn Umar 6) al-Baraa 7) Bilal 8) Ibn Abee Awfa 9) Sahl bin Saad 10) Abu Umamah 11) Saad bin Abee Waqqas 12) Amr bin Huraith 13) Umar.
(Al-Muhallah 1/324, Al-Awsat 1/462, Al-Mughni 1/215 and Tahdheebal-Sunan 1/187). Scholars have mentioned Ijma based on this. Al-Mughni 1/215
While there are direct authentic Ahadith about wiping over leather socks (Khuffayn), there is no specific authentic hadith about cotton socks. However, this practice is established through the silent consensus of the Companions.
5. Sahabah's Ijtihad Known to Other Sahabah
When few companions of the Prophet ﷺ make a statement or take an action based on their own legal reasoning (Ijtihad), not going against Nusoos (Quran and Hadith) and no opposition is reported.
Legal Authority: This can be considered as evidence within Islamic Fiqh. This is acceptable according to majority of the scholars. (Majmoo al-Fatawaa 14/20)
However, there is scholarly disagreement on this category. Scholars of Zahiriya like Ibn Hazm and one view of Imam Shafi'i said this is not evidence. But according to the majority of the scholars, including another view of Imam Shafi'i, this is acceptable.
Example: Pregnant and Breastfeeding Women Missing Fasts
From Maalik: from Naafi': from Ibn 'Umar: That he was asked about a pregnant woman who feared for her child, so he said: "She should refrain from fasting and she should feed a mudd of wheat to a poor person in place of every day." (Sunan al-Kubra of al-Bayhaqi 4/230, Sahih)
Ibn 'Abbaas saw a slave-girl of his, pregnant or breast-feeding, so he said: "You are one of those who are unable, upon you is recompense and there is no atonement (qadaa) due upon you." (Sunan al-Daraqutni 1/207, Sahih)
Both Ibn Umar and Ibn Abbas رضي الله عنهما gave fatwa that pregnant or breastfeeding women need not make up missed fasts but can feed a poor person instead. No opposition from other Companions is reported on this matter.
(Refer to book: Fasting in Ramadan by Shaykh Salim Al-Hilali & Ali Al-Halabi)
6. Sahabi's Lone Ijtihad NOT Known to Other Sahabah
When a companion of the Prophet (Sahabi) makes a statement or takes an action based on their own legal reasoning (Ijtihad), not going against Nusoos (Quran and Hadith) and this is NOT known to other companions (Sahabah).
Legal Authority: In absence of any Nusoos (Quran and Hadith), even though it is not binding proof, this is to be given preference over Ijtihad of later ones as Sahabah witnessed revelation (Wahy).
Reasoning: The Ijtihad of Sahabah is preferred over the Ijtihad of later scholars because the Companions were present when the Wahy was being revealed. They had direct access to the Prophet's ﷺ explanations and witnessed the context of revelations.
Ahmad ibn Hanbal رحمه الله was asked: "You have mawqoof narration (authentic statement of Sahabi) and you have mursal narration (weak hadith ascribed to the Prophet by a Tabi'), which one would you prefer?" He said: "I will prefer mawqoof" - showing the preference for authentic Companion statements over weak prophetic attributions. (Ibn Haani in his Masail Ahmad (2/165))
7. Different Opinions Among Sahabah in One Issue
When Sahabah differ on an issue based on their own legal reasoning (Ijtihad), in this case statement of one of them is not proof. Rather, jurist will come to conclusion after weighing their statements in the light of Quran and Sunnah. (Refer to Majmoo al-Fatawaa 14/20)
Legal Authority: This is NOT evidence. There is no ikhtilaf (disagreement) among scholars on this point.
When Companions themselves have different opinions on a matter, a faqih (jurist) must refer back to the Quran and Sunnah to determine which position is stronger. As Ibn Taymiyyah stated, when Sahabah differ, it is not a binding proof.
Why Companions' Statements Hold Special Weight
The Companions occupy a unique position in Islamic Fiqh for several reasons:
- Direct Access to the Prophet ﷺ: They learned Islam directly from its source
- Witnessed Revelation: They were present when the Quran was being revealed and understood its context
- Arabic Proficiency: They understood the Quran in their native language without translation issues
- Purity of Understanding: Their understanding was not influenced by later philosophical or cultural developments
This is why even their Ijtihad (when not contradicted by other Companions) is given preference over the reasoning of later scholars.
Conclusion
Qawl as-Sahabi showcases an important principle in Islam: even the statements of the most honored people - the Companions who lived with the Prophet ﷺ - are only accepted as binding proof when they align with what came from the Prophet ﷺ or when they clearly could not have come from their own opinion.
This is fundamentally different from how previous religious communities treated their religious leaders. Unlike the rabbis and priests who were able to change and manipulate scriptures, Islam established that no person, regardless of their status, can create binding religious law on their own. Even the beloved Companions' words are carefully evaluated - they become proof only when they trace back to the Prophet ﷺ or when multiple Companions agree without opposition.
When Companions disagree among themselves, we return to the Quran and Sunnah to find the answer. This shows how Islam protects its sources from human alteration and ensures that religious authority remains with Allah and His Messenger ﷺ alone.
This methodology preserves the purity of Islamic teachings while honoring those who learned directly from the Prophet ﷺ, ensuring that even their elevated status cannot override the fundamental principle that all religious rulings must ultimately trace back to Quran and Hadith.