THE FATWA OF COMPANION

(FATWA SAHABAH OR
QAWL AL SAHABI)
 DEFINITION

Fatwa al-sahabi or qawl al-sahabi means an opinion that the companion has
arrived at by way of ijtihad.

It may be saying of a Companion & fatwa al sahabi (a considered opinion), or a

judicial decision that the companion has taken on a matter in the absence of a
ruling in the Al Quran, Sunnah & Ijma’.
 Who is Sahabi (Companion)?

 Someone who met the Prophet, believed in him and dies as a believer. (majority)
 Someone who narrated hadith from Prophet Muhammad
 Someone who narrated hadith from the Prophet and joined him in a battle.
 He is the one who stayed with the Prophet (peace and blessings be upon him) for
one year upward or accompanied him in one Ghazwah (battle) or more.
 Companionship is only established through long meeting with the Prophet (peace
and blessings be upon him) and the narration of Hadith on his authority.
 After the demise of the Prophet, the Companions were the ones who
interpreted the law and developed it where needed.

 They undertook ijtihad, issued rulings, settled cases and became a source of
guidance for later generation.

 Fatwa al-sahabi is a proof which commands obedience once it is agreed by all

companions (no companion opposed it). Example: – Grandmother’s share in
inheritance
 Jurists agree that the ruling of one companion is not a binding proof over
another, regardless as to whether the ruling in question was issued by one
of the caliphs, a judge or a leading mujtahid among them.
 Fatwa of the leading companion (Khulafa’ Al
Rasyidin)

 Sayyidina Ali on the issue of punishment of drinking wine – 80 lashes = qazf

punishment

 Sayyidina Abu Bakr on the issue of inheritance for grandparents

 Sayyidina Abu Bakr, the issue of riddah/apostate

 Sayyidina ‘Uthman, on the issue of compilation of al-Quran to one mashaf i.e.

mashaf ‘Uthmani
OTHER EXAMPLES OF FATWA SAHABAH :

 The determination of the amount of dower,

 The determination of the minimum and maximum for the period of
menstruation,
 The determination of the post-natal period,
 The determination of the maximum gestation period.
Is the Fatwa al-Sahabi binding or not?

 Jurists unanimously agreed that the fatwa al- sahabi is a proof (which
commands obedience) and binding when it is accepted by all other
companions
– Eg: the ruling of Sayyidina Abu Bakr that the portion for a grandmother in
inheritance is one- sixth.
 The question is:

 WHETHER FATWA OF A SINGLE COMPANION SHOULD

ALSO BE RECOGNISED AS A PROOF AND CONSIDERED A
PRECEDENT AND TAKE OVER OTHER SOURCES SUCH AS
QIYAS OR IJMA’?
 AUTHORITATIVE AND

JURISTIC VIEWS
TAKE PRIORITY
OVER QIYAS

NOT A PROOF AND

NOT AUTHORITATIVE

FATWA SAHABI
AUTHORITATIVE
WHEN IT CONFLICTS
WITH QIYAS BUT
NOT IF IT AGREES
WITH IT

ONLY THE FATWA OF

THE 4 CALIPHS IS
AUTHORITATIVE
 FIRST VIEW

 A number of leading jurists from various schools held the view that the fatwa
of companion is a proof (hujjah) which must be followed.
 Arguments: – Following the demise of the Prophet, the leadership of the Muslim
community fell in their shoulders.
– A number of them with their intimate knowledge of the Quran and the teachings of
the Prophet were able to formulate fatwa and issue decisions on many issues because
of their direct access to the Prophet.
– Their views were ocassionally upheld and confirmed by the Quran.
• Eg: al-Anfal (8):67 – confirmed the view of S.Abu Bakr in giving his opinion
concerning the treatment that was to be accorded to the prisoners of war following the
battle of Badr.
 Imam Malik, one of the two views of imam Shafi’e, one of the two views of
Imam Ahmad bin Hanbal and some Hanafi Jurists:

– the fatwa al-sahabi is a proof absolutely and takes priority over Qiyas regardless
as to whether it is in agreement with the Qiyas in question or otherwise.
 Fatwa al-sahabi is a proof of Shari’ah.
 Arguments: Quranic verses – Al-Taubah (9) : 100 – reference to the companions
was made as “…the first and foremost among the Emigrants and Helpers and
those who followed them in good deeds, God is well-pleased with them as they are
with Him.”
– Al Imran (3) : 109 – “You are the best community that that has been raised for
mankind; you enjoin right and you forbid evil.”
The Quran praises them as ‘the best community’ and as such their example
commands authority and respect.

 Conclusion based on the verses: Following the fatwa of companion is

obligatory, otherwise the Quran would not praise those who followed it in such
terms
 The Prophet said: – “My Companions are like stars, whoever that you follow will
lead you to the right path.
 The Prophet said:– “Honour my Companions, for they are the best among you,
and then those who follow them and then the next generation, and then corruption
will proliferate after that…”

Based on these hadith, following the way of the Companions is equated with correct
guidance, which would imply that their sayings, teachings and fatwa constitute a proof
that commands adherence.
 SECOND VIEW

 Ash’arites, Mu’tazilah, Imam Ahmad bin Hanbal (one of two views), Hanafi
jurist (al-Karkhi) :

said that ijtihad of a companion is not a proof and it does not bind the succeeding
generations of mujtahidun or anyone else.

Arguments – Quranic verses – Al-Hasyr (59) : 2 – “Consider O you who have vision”
• It is argued that this verse makes ijtihad the obligation of everyone who is
competent for it and it makes no distinction whether the mujtahid is a companion
or anyone else. What is obligatory is ijtihad itself, not adhering to the ijtihad of anyone
in particular.
• Secondly, mujtahid must rely directly on the sources and not imitate anyone,
including the companion
 This view find support from al-Ghazali and al- Amidi who said that those
who had view different from this have resorted to evidence which is generally
weak.
 Al-Shawkani said that the fatwa of companion is not a proof because Muslims
are required to follow the Quran and Sunnah. Only sunnah of the Prophet is
binding.
 No other individual, whether a companion or not has been accorded a status similar
to that of the Prophet.
 The opinion of al-Shawkani is criticised by Abu Zahrah who said that the fact that
the saying of companion is an authoritative proof does not render the
companions rivals to the Prophet. Their fatwa is more authoritative than other
mujtahidun because they were most diligent in observing the Quran and
Sunnah due to their closeness to the Prophet.
 THIRD VIEW

 Abu Hanifah – fatwa sahabi is a proof when it is in conflict with Qiyas but
not so when it agrees with it.
 Why?
(i) when fatwa sahabi conflicts with Qiyas, it is usually for a reason and it
indicates the weakness of the Qiyas.
(ii) if it agrees with Qiyas then fatwa sahabi is not a separate authority but
merely concurs with it.
 FOURTH VIEW

 Only the rulings of the four Rightly-Guided Caliphs command authority

 The Prophet said ordering the believers that “You are to follow my Sunnah and
the Sunnah of the Khulafa’ al-Rashidun after me.”
 Opinions from 4 Imams

 Imam Shafi’e
– “We find that the ulama’ have sometimes followed the fatwa of companion and
have abandoned it at other times; and even those who have followed it are not
consistent in doing so.”

– “I follow the ruling of the companion when I find nothing in the Quran, Sunnah or
Ijma’, or anything which carries through the implications of these sources.”

– He even preferred the rulings of the first three caliphs over those of the other
companions.
 Imam Abu Hanifah
– “When I find nothing in the book of God or the Sunnah of the Prophet, I resort to the
sayings of the companions. I may follow the ruling which appeals to me and abandon
that which does not, but I do not abandon their views altogether and I do not give
preference to others over them.”

- Fatwa sahabi takes priority over Qiyas

 Imam Ahmad bin Hanbal
– He divided fatwa al-sahabi into two:

• Fatwa which is not opposed by any other companions. This kind of fatwa is
authoritative.
Example is the admissibility of the testimony of slaves that is a fatwa of Anas bin Malik.
Ibnu Hanbal quoted that he had not known of any one to have rejected the testimony of a
slave. It is therefore admissible.

• Secondly the fatwa al-sahabi on which the companions have disagreed and there are
more than one different rulings concerning same problem. The Imam consider them all
as valid and equally authoritative unless it is known that the 4 caliphs have adopted one in
preference of the others. – Example : the allocation of shares allocated to grandfather in the
presence of agnatic siblings. There are three views: Abu Bakar, Zayd bin Thabit and Ali.
 Imam Malik
– Not only he upheld the fatwa of companions but almost equated it with the sunnah
of the Prophet.

***The 4 Imams agreed that fatwa sahabi is authoritative but nobody said that it
is binding.