BismiLlah ar-Rahman ar-Rahim

Al-Qaadhi Ibn Rushd rahimahuLlah divided the Sunnah in the Maliki view into four categories according to the strength of its methods of transmission and subject matter:

1)A Sunnah whose rejection is a mark of disbelief. If someone does reject it they are asked to repent. If they do not, they are to be killed as unbelievers. This applies to Sunnahs which have been transmitted by multiple transmission (mutawaatir). Acquiring knowledge of such Sunnah is obligatory: like wine being inlawful, the prayers being five, the Messenger of Allah sallAllahu ‘alayhi wassalam commanding the call of adhaan, and other similar things.

2)A Sunnah which only people of deviation, error and enial reject and which all the People of the Sunah agree to be sound: auch as he hadith of intercession, the Vision, the punishment in the grave, and similar things connected with faith, even if they are not mutawaatir in their isnaad.

3)A Sunnah which it is obligatory to know and to act on, even if some of the opponents of the People of Sunnah oppose it. Such as wiping over the socks, because it is known that it is acted upon by the vast majority of the Muslims and it is opponents are very few.

4)A Sunnah which it is obligatory to act on, being one which is transmitted by a reliable source from a reliable source. They are numerous in all categories of law and it is obligatory to act by them. An example of this is judging by the testimony of two witnesses of good character, even if they might lie or be suspect in their testimony. [The Four Imams, page 93]

BismiLlah ar-Rahman ar-Rahim

Divine laws were revealed by Allah subhanahu wa ta’ala to His messengers ‘alayhim salatu was-salaam for the purpose of correcting man’s beliefs about Allah subhanahu wa ta’ala (‘aqidah), his methods of worshipping Allah subhanahu wa ta’ala (‘ibadah), and his social life or social conduct (mu’amalat). Since there is only one correct belief about Allah subhanahu wa ta’alatawhid, whereby Allah subhanahu wa ta’ala is considered as One, without partner in His essence, His attributes, His actions, and right of worship, all of the prophets invited mankind to that belief in exactly the same way.

However, in the case of methods of worship and social conduct, the same format was not used in all cases. Thus Allah subhanahu wa ta’ala repealed Laws in certain conditions and this is known as Naskh. The proof of this is in the ayah,

CONDITIONS FOR NASKH

For naskh to have taken place, the following three conditions must have been fulfilled:

1. The law which has been replaced has to have been a divine law. This means that the gradual prohibition of alcohol would not be classified as naskh, because each successive verse only expanded the prohibitive scope of the previous verse. The original behaviour of the people was to act as if alcohol was lawful. It was their assumption that alcohol was permissible that was gradually abolished by the three verses on this subject, not any previous statement by Allaah that liquor was permissible.

2. The proof used to replace the old law has to be a divine command which was revealed after the revelation of the old law.

3. The law which is to be replaced cannot have a specific time limit attached to it from the time of its revelation. If it has a limited time period, it simply becomes void when the time period ends, and such a process is not considered as naskh. For instance, fasting is required daily until sunset during Ramadan. The permission to eat at night during Ramadan or, after it is over, by day or night, doesn’t involve naskh.

[1] Surat al-Baqarah:106