Fundamentals and principles of ‘fiqh’ amongst the Companions
The fundamentals of ‘fiqh’ of the companions were:
- Sunnah of Allah’s Messenger
- Statements of the companions, and the consultations which took place between them
These fundamentals are in pursuance and in conformity with the texts of the Quran and Sunnah.
Ad Daramee narrated with his chain of narration on the authority of Ali ibn Mushir, from Abee Ishaaq, from ash Sha’bee, from Shurayh, “That Umar ibnul Khattab wrote to him saying: ‘If your presented with any issue that (the ruling) is in the Quran than make your judgment with it and pay no attention to what the people say or think, and if you’re presented with any issue that is not mentioned in the Quran then look in the Sunnah of Allah’s Messenger and make your judgment with it. And if you are presented with any issue that is not mentioned in the Quran, nor the Sunnah and no one who preceded you spoke about the issue; then choose one of these two choices:
- If you want to exert your efforts with personal opinion and become one who gives verdicts then do so,
- If you want to leave it off , then leave it. And I see that leaving this off is better for you.”
Imam an-Nasa’i narrated with an authentic chain of narration: On the authority of Abdullah ibn Mas’ud who said: Abdurahman ibn Yazeed said: ‘The people were numerous and frequently asking Abdullah ibn Mas’ud questions that day, so Abdullah ibn Mas’ud said: ‘Verily much time has passed us by, and we cannot judge between the people, and we don’t possess the status nor ability to judge between the people. Furthermore, Allah has placed us in the position which we have reached as is apparent to all of you. So after today, whoever is presented with an issue which needs a religious verdict or ruling; then let him give his verdict with what is in the Book of Allah (Quran) and if an issue presents itself which is not mentioned in the Quran, then let him give his verdict with what the Prophet Muhammad judged in the issue. If an issue presents itself which is not mentioned in the Quran nor did the Prophet Muhammad pass judgment in the issue than let him give his verdict in agreement with what the righteous people judged. If an issue presents itself which is not mentioned in the Quran, nor did the Prophet Muhammad clarify it, nor did the righteous people make a judgment in the issue, then let him exert his ‘ijtihaad’ in the issue.
And he should not say: “I’m scared or I’m worried, for verily the permissible things have been made clear and the impermissible things have also been made clear, and between the them are doubtful things, so leave off that which causes you doubt for that which does not cause you doubt.” An Nisaa’ee said: ‘This narration is ‘jayed jayed.’
Also ibn Abee Khaythamah narrated this with an authentic chain which contains the wording: ‘If he is not good at this than let him get up and leave, and not be shy or timid about it.’
Ad Daramee and al Bayhaqi both mentioned in their ‘Sunan’, as well as Ibnul-Qayyim mentioned this on the authority of Abee Ubayd from the book ‘al Qadaa’a’: “On the authority of Maymoon ibn Mihraan who said: ‘If any issue came across Abu Bakr as Siqeeq which needed a judgement or ruling he would first look in the Quran, and if he found evidence in the Quran with which he could give a verdict with than he would do so. If he didn’t find evidence in the Quran then he would look in the Sunnah of Allah’s Messenger, and if he found within the Sunnah evidence for the issue he would give his verdict with the Sunnah. If he found no evidence in the Quran and Sunnah then he would go to the people and say: ‘this issue and that issue were brought to my attention and I searched in the Quran and Sunnah for the answer, and I don’t recall anything. Then he would ask the (companions): ‘Do any of you know what the Prophet judged or declared regarding this issue? Perhaps some of them would say: ‘Yes, The Prophet judged with this and that regarding this affair, etc… Then Abu Bakr would implement and pass his judgement in according to what the companions told him. Ja’far said that other than Maymoon told us that Abu Bakr used to say: All praises to Allah who has allowed us to memorize everything which came from the Prophet Muhammad. Finally, If Abu Bakr didn’t recall or find a saying, action, or approval from the Prophet Muhammad then he would gather the leaders and chiefs amongst the people and consult them. If their views and opinions were in agreement upon the issue than Abu Bakr would give his verdict according to what was agreed upon. Then Ja’far went on to say: We heard from Maymoon that he said Umar ibn Al Khattab used to do the same thing. If he didn’t recall or know any evidences from the Quran and Sunnah he would ask and inquire if Abu Bakr passed a judgement in the issue. If he found that Abu Bakr passes a judgement in the issue he would pass his judgement in accordance to what Abu Bakr decided. If he didn’t find any verdict from Abu Bakr he would gather with the leaders and scholars and consult them. If their views and opinions were in agreement upon the issue then Umar would give his verdict according to what was agreed upon.’
Also Abdur Razzaq narrated with two chains of narration and ad-Daramee also: “On the authority of as Sha’bee who said: ‘Abu Bakr was asked about the ‘Kalaalah’, so he replied: ‘Verily I will give you my opinion, if it is correct than it is from Allah and if it is incorrect than it is from myself and the satan. I view that it is someone without a father and a son. So when Umar became the succeeding caliph after Abu Bakr he said: ‘I feel embarrassed and bashful in front of Allah to abandon anything that Abu Bakr said.’
Ad-Daramee narrated with an authentic chain of narration: “On the authority of Ubaydullah ibn Abee Yazeed who said: ‘If Abdullah ibn Abaas was asked about any issue and it was mentioned in the Quran he would pass his verdict with what was in the Quran. If the answer to the issue was not in the Quran and was mentioned in the Sunnah then he would pass his verdict with what was in the Sunnah. If the answer was not contained in the Sunnah then he would pass his verdict with what Abu Bakr and Umar declared, and if he didn’t find any ruling or verdict given by Abu Bakr or Umar then he would state his personal opinion.’
Ad-Daramee also narrated: On the authority of Abee Sahl who said: ‘It was compulsory for my wife to make ‘I’tikaaf’ for three days in the Masjid al Haraam, so I asked Umar ibn Abdul Aziz who was accompanied by Ibn Shihab I said: Is it necessary for her to fast?, Ibn Shihab replied: ‘There is not ‘I’tikaaf’ except while fasting’. Suddenly Umar ibn Abdul Aziz said to Ibn Shihab: ‘Is that on the authority of the Prophet Muhammad?, Ibn Shihab replied: no. Then Umar asked: ‘on the authority of Abu Bakr?, he replied: no. Then Umar asked: ‘on the authority of Umar ibn al-Khattab?, he replied: no. Then Umar asked: ‘on the authority of Uthmaan?, he replied: no. Then Umar ibn Abdul Aziz said: ‘I view that she doesn’t have to fast’. Then I left and I came across Tawoos and Ataa’a ibn Abee Rabaah so I asked them the same question. Tawoos said: ‘Ibn Abaas used to have the view that she doesn’t have to fast, except if she makes it compulsory upon herself.’ Then Ataa’a said: ‘And that is also my view’.
 This is regarding the issues in which the person has doubt about knowing the correct proofs and evidences. Sunan Ad-Daramee 1/55, also Wakee men<oned this narra<on in ‘Akhbaar al-Qudaat’ 2/189 with many chains of narration from Sufyaan ath-Thawree, from ash Shaybaani Sulaymaan ibn Abee Sulaymaan from Shurayh, with an authentic chain of narration.
 (TN) They have what is sufficient for them: Quran, Sunnah, Narrations of the Prophet and Companions
 (TN) The Prophetic Sunnah which is the Prophet’s descriptions, sayings, actions and approvals
 (TN) The companions of the Prophet Muhammad
 (TN) This is for the ones who possess knowledge and have the ability
 Sunan an-Nasa’i pg.811, Book Manners of the Judges, Chapter: Verdict with the agreement of the scholars, #5397, also see ‘al Faqeeh wal Mutafaqih’ 1/219, also ‘Jami’ Bayan Uloom wa Fadlihi’, ad Daramee 1/61 and Wakee’ ibn Khalaf in ‘Akhbaar al Qudaat 1/76. This narration is an authentic narration from the statements of Abdullah ibn Mas’ud, may Allah be pleased with him.
 Ibnul Qayyim mentioned it with his chain of narration in ‘I’laam al Muwa’qaeen 2/118
 -(TN)This is the wording in Sunan al Kubra by al Bayhaqi 10/196, #20341; and ad Daramee in his Sunan #163 with a wording similar to this. The narrators of this narration are all trustworthy except for the fact that it is not established that Maymoon heard from Abu Bakr, so the chain is ‘Munqat’i’ (disconnected).
 (TN) Those who leave neither descendants neither ascendants as heirs
 This is the wording in Sunan ad Daramee 2/264 #3015, it is also in Musanaf Abdur Razzaq 10/304,#19191 but within this narration is a defect: Ash Sha’bee did not hear from Abu Bakr,(meaning the narration is ‘Munqat’i’) except for the fact that the statement of Abu Bakr is well known to be from him. The rest of the narrators are trustworthy. Ibnul Qayyim mentioned it in ‘I’laam al Muwa’qaeen’ 2/118
 Sunan ad-Daramee 1/55, #168, also ‘al Faqeeh wal Mutafaqih’ 1/203
 (TN) Seclusion in the masjid for the purpose of worshipping Allah.
 Sunan ad-Daramee 1/54 ,#164 with an authentic chain of narration