The Codification of Jurisprudence

The First Phase: The Codification of Jurisprudence in the Era of the Messenger ﷺ:

The codification of jurisprudence first began in the life of the Prophet when he ﷺ ordered for the Qur’ān to be compiled on fronds, parchments and their likes. He also ordered the compilation of particular rulings [regarding various subjects], such as charity, documentation and letters. The Messenger of Allāh ﷺ had several compilers that served to enact his commands. They were named ‘the Compilers of Revelation.’ […] Some of these compilers being: Zayd ibn Thābit, ʿAlī ibn Abī Ṭālib, Abū Bakr al-Siddīq, Abū Ayyūb al-Ansārī, Hudhayfah ibn al-Yamān, Khālid ibn Walīd, Zubayr ibn al-ʿAwwām, Umar ibn al-Khattāb and ʿAmr ibn al-ʿĀṣ, may Allāh be pleased with them all.

When the Messenger of Allāh ﷺ passed away, the Qur’ān, whilst being memorised in the hearts of the believers had also been compiled on fronds, parchments and such things. However, it had not yet been gathered in one singular collection, instead being scattered in various parchments.

The codification of Prophetic narrations (Ḥadīth) was a simple matter, like ʿAbd Allāh ibn ʿAmr, one of the compilers, said: “I was writing down everything I heard from the Messenger of Allāh that I wished to memorise later until the Quraysh forbade me from doing so. They said: ‘Verily, you write the entirety of what you hear from the Messenger of Allāh , and the Messenger of Allāh is but a human — he speaks out anger and happiness.’ So, then, I refrained from writing them down until I mentioned it to the Messenger of Allāh who said: ‘Write! For by the One who has my soul in His Jurisdiction, nothing exudes from me except the absolute truth.’

The reason the writing of Prophetic narrations was limited in the life of the Prophet was due to his own prohibition of doing so, in that he said: ‘Do not compile anything regarding me; and whosoever records from me other than the Qur’ān then let him erase it and only relay verbally from me, for there is no harm in this. And whosoever lies on my name deliberately then let him prepare his seat in the Hellfire.’ This prohibition regarding the writing down of all his sayings was due to reasons such as:

1 – The fear of mixing up the Prophetic narrations with the Qur’ān; because the Messenger of Allāh commanded the compilation of the Qur’ān, and so if they also compiled Prophetic narrations in a similar way, then doubt could have arisen amongst the Companions as to whether something was from the Qur’ān or the Ḥadīth.

2 – There was no need for its codification in the Prophet’s time; the Companions lived with him day by day, and they were eager to imitate him in all of his states. Therefore, all of his ways and conditions were preserved in their minds due to their immense love for him.

3 – Its codification in the Prophet ’s time was extremely difficult; it is not conceivable that they would have been able to record every action, word, gesture, and utterance that came from him . This is because it would necessitate an individual following him, carrying booklets, at all times to the extent that they would have to record his sleep; and this contradicts the nature of the propagation and the biography of the Messenger of Allāh ﷺ.

The Second Phase: The Codification of Jurisprudence in the Era of the Companions:


Abu Bakr al-Siddīq compiled the Qur’ān into one collection upon the insistence of Umar ibn al-Khaṭṭāb due to a large number of Qur’ān reciters being martyred in the Wars of Apostasy and out of fear of the words of the Qur’ān being lost, due to it being mostly preserved in people’s hearts and not on paper.

As for the Prophetic narrations, then its codification was not complete. ʿUmar ibn al-Khaṭṭāb consulted the Companions regarding it, as ʿUrwah ibn al-Zubayr reported: “Verily, Umar ibn al-Khattab wished to compile the Narrations, and he consulted the Companions regarding it, so the masses turned towards him in support of it. Umar pondered for a month, seeking the help of Allāh for he remained in doubt regarding the task. Then, one morning, wherein God intended for him [the answer], he said: ‘Verily, I mentioned to you that which you know from the book of Narrations. Then, I remembered that when the people of the Book from times preceding you wrote complementary books to the Book of Allāh, they left the Book of Allāh – by Allāh, I will not adorn the Book of Allāh with anything’, so he abandoned his wish to compile the Narrations.”

It is possible to extract many benefits and pearls of wisdom from the Ḥadīth not being compiled in that era. From amongst them are:

1 – The fear of the Book of Allāh being lost and neglected by a new advancement dedicated to the Narrations of the Messenger of Allāh ﷺ and placing an exclusive attentiveness on it; this is what Umar mentioned.

2 – There was no need for codification due to the Prophet’s ﷺ Narrations already being preserved in the hearts of the Companions, as has been mentioned. Allāmah ibn Ḥajar al-Asqalānī says regarding this: “[…] Due to their excellent memory, the fluidity of their minds and because the majority of them did not know how to write.”

3 – Had the codification occurred in their time, the Muslim nation would have been severely burdened with legal rulings. Gathering the Companions, who were separated after the conquests, would have been an impossible task and so writing down everything the Companions saw from the actions and sayings of the Prophet ﷺ would have been extremely arduous. Therefore, the matter of writing down his actions and sayings was limited to that which was well known regarding him, and what some of them saw.

Writing down everything would have made it necessary for everyone in that era and those after them to follow it. This would have drastically reduced the scope for scholarly differences in juristic rulings which is compassion and mercy for believers, and a reason for them upholding rulings. This is because the difference of opinion preserves jurisprudence and raises the aspirations of those engrossed in it, as those with a nuanced understanding will realise.

The Third Phase: The Codification of Jurisprudence in the Era of the Followers:

The situation that existed in the time of the Companions continued in the time of the Followers (tābiʿīn). The Narrations were still not transcribed in books that were prevalent amongst the masses – this did not prevent the Hadith scholars from compiling specific collections of what they had heard from the Narrations. However, they still mostly relied on their own memorisations, until ʿUmar ibn ʿAbd al-ʿAzīz commanded the compilation of the Narrations in a singular book. However, he passed away before he could complete this task.

ʿAbd Allāh ibn Dinār said: “Neither did the Companions, nor the Followers, compile the Narrations; they only narrated them orally and they committed it to memorisation except for the Book on Charity […], and when many of the scholars died in quick succession, the Leader of the Believers, ʿUmar ibn ʿAbd al-ʿAzīz commanded Abu Bakr al-Hāzmī via writing to look at the Narrations transmitted by ʿUmar and to write them down.”

And Abū Ṭālib al-Makkī said: “These compilations of [Hadīth] books occurred after 120 or 130 years, and it was said: ‘The first book that was authored in Islam was the book of Ibn Jurayj on reports and exegesis. Then, the book of Maʿmar ibn Rashid al-Sanʿani of Yemen, in which he collected classified and scattered narrations; then, al-Muwaṭṭā of Imām Mālik in Madīnah; then, Ibn ʿUyaynah compiled Kitab al-Jamiʿ wa al-Tafsīrregarding the letters of the Quran and miscellaneous Ḥadīth; and the Jāmiʿ of Sufyān al-Thawrī was authored in this time as well.”

Abū al-Ḥāj, Ṣalāḥ Muḥammad. al-Madkhal al-Mufaṣṣal ilā al-Fiqh al-Ḥanafī, p.587 – 592

 
The First Phase: The Codification of Jurisprudence in the Era of the Messenger ﷺ:

The codification of jurisprudence first began in the life of the Prophet when he ﷺ ordered for the Qur’ān to be compiled on fronds, parchments and their likes. He also ordered the compilation of particular rulings [regarding various subjects], such as charity, documentation and letters. The Messenger of Allāh ﷺ had several compilers that served to enact his commands. They were named ‘the Compilers of Revelation.’ […] Some of these compilers being: Zayd ibn Thābit, ʿAlī ibn Abī Ṭālib, Abū Bakr al-Siddīq, Abū Ayyūb al-Ansārī, Hudhayfah ibn al-Yamān, Khālid ibn Walīd, Zubayr ibn al-ʿAwwām, Umar ibn al-Khattāb and ʿAmr ibn al-ʿĀṣ, may Allāh be pleased with them all.

When the Messenger of Allāh ﷺ passed away, the Qur’ān, whilst being memorised in the hearts of the believers had also been compiled on fronds, parchments and such things. However, it had not yet been gathered in one singular collection, instead being scattered in various parchments.

The codification of Prophetic narrations (Ḥadīth) was a simple matter, like ʿAbd Allāh ibn ʿAmr, one of the compilers, said: “I was writing down everything I heard from the Messenger of Allāh that I wished to memorise later until the Quraysh forbade me from doing so. They said: ‘Verily, you write the entirety of what you hear from the Messenger of Allāh , and the Messenger of Allāh is but a human — he speaks out anger and happiness.’ So, then, I refrained from writing them down until I mentioned it to the Messenger of Allāh who said: ‘Write! For by the One who has my soul in His Jurisdiction, nothing exudes from me except the absolute truth.’

The reason the writing of Prophetic narrations was limited in the life of the Prophet was due to his own prohibition of doing so, in that he said: ‘Do not compile anything regarding me; and whosoever records from me other than the Qur’ān then let him erase it and only relay verbally from me, for there is no harm in this. And whosoever lies on my name deliberately then let him prepare his seat in the Hellfire.’ This prohibition regarding the writing down of all his sayings was due to reasons such as:

1 – The fear of mixing up the Prophetic narrations with the Qur’ān; because the Messenger of Allāh commanded the compilation of the Qur’ān, and so if they also compiled Prophetic narrations in a similar way, then doubt could have arisen amongst the Companions as to whether something was from the Qur’ān or the Ḥadīth.

2 – There was no need for its codification in the Prophet’s time; the Companions lived with him day by day, and they were eager to imitate him in all of his states. Therefore, all of his ways and conditions were preserved in their minds due to their immense love for him.

3 – Its codification in the Prophet ’s time was extremely difficult; it is not conceivable that they would have been able to record every action, word, gesture, and utterance that came from him . This is because it would necessitate an individual following him, carrying booklets, at all times to the extent that they would have to record his sleep; and this contradicts the nature of the propagation and the biography of the Messenger of Allāh ﷺ.

The Second Phase: The Codification of Jurisprudence in the Era of the Companions:


Abu Bakr al-Siddīq compiled the Qur’ān into one collection upon the insistence of Umar ibn al-Khaṭṭāb due to a large number of Qur’ān reciters being martyred in the Wars of Apostasy and out of fear of the words of the Qur’ān being lost, due to it being mostly preserved in people’s hearts and not on paper.

As for the Prophetic narrations, then its codification was not complete. ʿUmar ibn al-Khaṭṭāb consulted the Companions regarding it, as ʿUrwah ibn al-Zubayr reported: “Verily, Umar ibn al-Khattab wished to compile the Narrations, and he consulted the Companions regarding it, so the masses turned towards him in support of it. Umar pondered for a month, seeking the help of Allāh for he remained in doubt regarding the task. Then, one morning, wherein God intended for him [the answer], he said: ‘Verily, I mentioned to you that which you know from the book of Narrations. Then, I remembered that when the people of the Book from times preceding you wrote complementary books to the Book of Allāh, they left the Book of Allāh – by Allāh, I will not adorn the Book of Allāh with anything’, so he abandoned his wish to compile the Narrations.”

It is possible to extract many benefits and pearls of wisdom from the Ḥadīth not being compiled in that era. From amongst them are:

1 – The fear of the Book of Allāh being lost and neglected by a new advancement dedicated to the Narrations of the Messenger of Allāh ﷺ and placing an exclusive attentiveness on it; this is what Umar mentioned.

2 – There was no need for codification due to the Prophet’s ﷺ Narrations already being preserved in the hearts of the Companions, as has been mentioned. Allāmah ibn Ḥajar al-Asqalānī says regarding this: “[…] Due to their excellent memory, the fluidity of their minds and because the majority of them did not know how to write.”

3 – Had the codification occurred in their time, the Muslim nation would have been severely burdened with legal rulings. Gathering the Companions, who were separated after the conquests, would have been an impossible task and so writing down everything the Companions saw from the actions and sayings of the Prophet ﷺ would have been extremely arduous. Therefore, the matter of writing down his actions and sayings was limited to that which was well known regarding him, and what some of them saw.

Writing down everything would have made it necessary for everyone in that era and those after them to follow it. This would have drastically reduced the scope for scholarly differences in juristic rulings which is compassion and mercy for believers, and a reason for them upholding rulings. This is because the difference of opinion preserves jurisprudence and raises the aspirations of those engrossed in it, as those with a nuanced understanding will realise.

The Third Phase: The Codification of Jurisprudence in the Era of the Followers:

The situation that existed in the time of the Companions continued in the time of the Followers (tābiʿīn). The Narrations were still not transcribed in books that were prevalent amongst the masses – this did not prevent the Hadith scholars from compiling specific collections of what they had heard from the Narrations. However, they still mostly relied on their own memorisations, until ʿUmar ibn ʿAbd al-ʿAzīz commanded the compilation of the Narrations in a singular book. However, he passed away before he could complete this task.

ʿAbd Allāh ibn Dinār said: “Neither did the Companions, nor the Followers, compile the Narrations; they only narrated them orally and they committed it to memorisation except for the Book on Charity […], and when many of the scholars died in quick succession, the Leader of the Believers, ʿUmar ibn ʿAbd al-ʿAzīz commanded Abu Bakr al-Hāzmī via writing to look at the Narrations transmitted by ʿUmar and to write them down.”

And Abū Ṭālib al-Makkī said: “These compilations of [Hadīth] books occurred after 120 or 130 years, and it was said: ‘The first book that was authored in Islam was the book of Ibn Jurayj on reports and exegesis. Then, the book of Maʿmar ibn Rashid al-Sanʿani of Yemen, in which he collected classified and scattered narrations; then, al-Muwaṭṭā of Imām Mālik in Madīnah; then, Ibn ʿUyaynah compiled Kitab al-Jamiʿ wa al-Tafsīrregarding the letters of the Quran and miscellaneous Ḥadīth; and the Jāmiʿ of Sufyān al-Thawrī was authored in this time as well.”

Abū al-Ḥāj, Ṣalāḥ Muḥammad. al-Madkhal al-Mufaṣṣal ilā al-Fiqh al-Ḥanafī, p.587 – 592

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