When is the legislation of those that came before us part of our legislation

Question:

May Allah bless you O Shaykh.
If our legislation neither opposes the affairs in the legislation before us, nor approves it, is it then also part of our legislation, which we take as religion?

Answer:

As for what relates to the legislation before us and it being legislated upon us.

Then it is a must that the area of dispute in this subject is pinpointed.

Because there are two scenarios which are agreed upon, and they are:

• 1- What has been established by way of evidences in our legislation that something was part of the legislation of those that preceded us, then it was established by way of evidences that it’s also legislated upon us:

Like fasting:

(كُتِبَ عَلَيْكُمُ ٱلصِّيَامُ كَمَا كُتِبَ عَلَى ٱلَّذِينَ مِن قَبْلِكُمْ)

“O you who believe! Observing As-Saum (the fasting) is prescribed for you as it was prescribed for those before you.”
[Baqarah:183]

Like retributive penalties:

(وَكَتَبْنَا عَلَيْهِمْ فِيهَآ أَنَّ ٱلنَّفْسَ بِٱلنَّفْسِ)

“And We ordained therein for them: “A life for a life”
[Maa’ida:45]

This scenario, the people of knowledge have agreed upon that it’s what is legislated upon those before us is legislated upon us also.

• 2- That what is not considered “The legislation of those that came before us is legislated upon us”, by consensus.And it is:

A) What has been established by evidences in our legislation that it was from their legislation but was abrogated by our legislation, whereby it is not considered to be part of our legislation by consensus.

B) What was narrated by them and in their books which are distorted, and has not been established in our legislation; we do not accept nor reject this, here it’s also not considered to be part of our legislation by consensus.

Shaykh Ibn Taymiyyah, may Allaah have mercy upon him said:

“The nation unanimously agreed upon that what’s in the books of Bani Isrā’īl is not accepted nor rejected, but the area of dispute is the affairs where our legislation established it being part of the legislation of those that preceded us.”
[End of speech]

What is mentioned by Shaykh-Ul-Islām to be the area of dispute in this topic:

• 3- The place where differing occurred between the Majority and between Shaafi’ee & those that are also upon the same opinion.

Whereby the Majority of the people of knowledge have chosen that the legislation of those that came before us is legislated for upon us:
(When our legislation establishes that it was legislated upon those that came before us and then not abrogating it in our legislation).

When we find our legislated evidences mentioning that it was part of the legislated of those that came before us without then clearly approving it or abrogating it.

And from amongst these evidences is what has come in Sahih Bukhari, that Mujāhid asked Ibn ‘Abbas:

“What evidence do you have for the prostration of recitation in surah (Sād)?
Replying: Have you not read

(وَمِن ذُرِّيَّتِهِۦ دَاوُۥدَ )

“and among his progeny Dawud”

Until:

(أُو۟لَٰٓئِكَ ٱلَّذِينَ هَدَى ٱللَّهُ ۖ فَبِهُدَىٰهُمُ ٱقْتَدِهْ)

“They are those whom Allaah had guided. So follow their guidance.”
[Al-An’ām:90]

Dawud prostrated it and then the Messenger ﷺ prostrated it also.”
[End of speech]

And Ash-Shinqītī in “Al-Mudakirah” said:

“This is a clear and authentic statement from Ibn ‘Abbas that he saw there to be a prostration of recitation at “guidance” in the statement of Allah, the Most High:

(فَبِهُدَىٰهُمُ ٱقْتَدِهْ)

“So follow their guidance.”

And the prostration of recitation are from Jurisprudence, not from the ‘Usūl (Aqīdah-beliefs).”
[End of speech]

Ash-Shinqītī intends with this a rebuttal upon Ash-Shāfi’ī, in this subject, who redirected the evidences of the Majority, the likes of the statement of the Most High:

(فَبِهُدَىٰهُمُ ٱقْتَدِهْ )

“So follow their guidance.”

By saying that this is in what relates to Tawhīd, whereas the Majority used the hadīth of Ibn ‘Abbas as an evidence against this, and that it falls under Jurisprudence and not ‘Usūl (Aqīdah-belief).

And the evidences of the Majority are stronger.

And this is what Imām Ash-Shinqītī  concluded in his book “Adwāl Bayān” at the verse 45 of Surah Al-Māidah.

And mentioned examples of this from the Qur’ān which suffice in the conclusion to this position being that which is most correct.

And in his “Mudhakirah” is a summarisation of it.

?And in “Iqtidā Sirātl Mustaqīm” by Shaykh-Ul-Islām is a research of this subject, and he also concluded the position of the Majority to be more correct.

And similarly Ibn Qudāmah in “Ar-Rawdah”.

And it’s the position of the Majority of the people of knowledge as previously mentioned.

And success is granted by Allah.

Answered by:
Shaykh Abu Hatim Yusuf Al-‘Inaabi Al-Jazaa’iree – may Allaah preserve him.

Source:
t.me/abouhatem/125
t.me/abouhatem/126

Answered on:
20th, Safar, 1438H.

Translated by:
Abu ‘Abdirrahman ‘Abdullaah bin Ahmed Ash-Shingaani.