The legal authority of the Holy Prophet (Sallallahu alaihi wa sallam)

Allah has granted legal and juristic authority to the Holy Prophet (Sallallahu alaihi wa sallam).  Along with the permissions and prohibitions of the Shariah, the Holy Prophet (Sallallahu alaihi wa sallam) also has authority to exempt whomever He wants from any rule of the Shariah.  There are various proofs of this in the Holy Quran and the Hadith.  These will be described concisely here.

 

Whoever does not accept Your decision is not a Momin

 

Allah says:

 

So, (O Beloved,) by your Lord they cannot become true believers until they make you a judge in every dispute that arises among them, and thereafter they do not feel any resentment in their hearts against the judgment that you make, and submit (to your decision) gladly, with total submission.  Surah Nisa (4:65)

 

Again it is given at another place:

 

(They are the people) who follow the Messenger, the Prophet (titled as) al-Ummi (who imparts to the people from Allah the news of the unseen and knowledge and secrets of socio-economic disciplines of life without himself being taught by any human in the world); whose (eminent attributes and exquisite powers) these people find written in the Torah and the Injil (Gospel); who enjoins on them virtues and forbids them vices, declares wholesome things lawful and impure ones unlawful for them and removes from them their heavy burdens and yokes (shackles) weighing upon them (due to their acts of disobedience and blesses them with freedom). So those who will believe in this (most exalted Messenger) and will venerate and revere him and serve and support him (in his Din [Religion]) and follow this light (the Qur’an) that has been sent down with him, it is they who will flourish and prosper.’  Surah A’araaf (7:157)

 

Yet again:

 

(O Muslims!) Fight (also) those of the People of the Book who do not have faith in Allah and the Last Day, and do not consider unlawful the things which Allah and His Messenger (blessings and peace be upon him) have declared unlawful, and do not adopt the True Din ([Religion] of Islam) until they give in and surrender (to the Command of Islam), and pay the capitation tax with their own hand after having been subdued.  Surah Tauba (9:29)

 

It is in Mirqaat Ul Mafateeh:

 

Translation: For this reason, our Imams have included among the distinctions of the Holy Prophet Sallallahu alaihi wa sallam) that He can specify any rule that He wants to, for any one, the way He declared the testimony of Khuzaima Bin Thabit to be equal to testimony of 2 witnesses.  This is present in Sahih Bukhari.  In the same way, the Holy Prophet (Sallallahu alaihi wa sallam) gave special permission to Umm ‘Atiya to keen.  This is present in Sahih Muslim.  Imam Nawawi (May Allah shower His mercy on him) has said:  The lawgiver (Sallallahu alaihi wa sallam) has authority to individualize any rule for any one.  He (Sallallahu alaihi wa sallam) allowed Hadhrat Abu Burdah bin Niyar and another companion, Hadhrat ‘Uqba (May Allah be well pleased with them) to slaughter a six-month old goat.

 

Slaughtering a six-month old goat

 

It has been narrated in Sahih Bukhari that the Holy Prophet (Sallallahu alaihi wa sallam) allowed Hadhrat ‘Uqba bin Amir and similarly Hadhrat Burdah bin Niyar (May Allah be well pleased with them) to slaughter a six-month old goat and told them that after them it is not permissible for anyone to do so

 

Translation of Hadith: It has been narrated on the authority of Hadhrat Bara' bin A’azib (May Allah be well pleased with him), he said:  My uncle who was knows as Abu Burdah slaughtered a goat before Salaat Ul ‘Eid on which the Holy Prophet (Sallallahu alaihi wa sallam) said: Your goat is a goat only for meat (i.e. your slaughtering is not valid).  Abu Burdah said: O Prophet of Allah (Sallallahu alaihi wa sallam)!  I have a kid six months old.  The Holy Prophet (Sallallahu alaihi wa sallam) said: Slaughter that, it is not permissible for any one apart from you to do so.

 

Testimony of one is equal to testimony of two

 

Similarly the Holy Prophet (Sallallahu alaihi wa sallam) declared the testimony of Hadhrat Khuzaima (May Allah be well pleased with him) to be equal to the testimony of 2 witnesses, although the Holy Quran says:  ……...  However, using His authority the Holy Prophet (Sallallahu alaihi wa sallam) exempted Hadhrat Khuzaima (May Allah be well pleased with him) from this rule.  As given in Sahih Bukhari, Kitab Ut Tafseer:

 

Translation: Hadhrat Zaid Bin Thabit said:  When we were compiling the Holy Quran in written form, I could not find one verse of Surah Ahzaab although I had heard the Holy Prophet (Sallallahu alaihi wa sallam) recite it.  I did not find with anyone else apart from Khuzaima Ansari whose testimony had been declared by the Holy Prophet (Sallallahu alaihi wa sallam) to be equal to the testimony of 2 male witnesses.  (Sahih Bukhari, Vol. 2, Pg. No. 705)

 

The Holy Prophet (Sallallahu alaihi wa sallam) absolved him of expiation

 

Translation: It has been narrated on the authority of Hadhrat Abu Hurairah (May Allah be well pleased with him):  We were sitting with the Holy Prophet (Sallallahu alaihi wa sallam).  A person came and said: O Holy Prophet (Sallallahu alaihi wa sallam)!  I am doomed!  The Holy Prophet (Sallallahu alaihi wa sallam) said: What happened to you?  He replied: I had intercourse with my wife while fasting. 

 

Then the Holy Prophet (Sallallahu alaihi wa sallam) said: Do you possess any slave whom you can free.  He said: No.  The Holy Prophet (Sallallahu alaihi wa sallam) asked:  Can you fast continuously for 2 months?  He said: No.  Can you provide food to 60 poor people?  He replied: No.  The narrator said that the Holy Prophet (Sallallahu alaihi wa sallam) held His peace for some time.  At that time, a basket of dates was brought to the Holy Prophet (Sallallahu alaihi wa sallam).  The word “’Araq” means a basket. 

 

The Holy Prophet (Sallallahu alaihi wa sallam) asked: Where is the supplicant?  He said:  I am here.  The Holy Prophet (Sallallahu alaihi wa sallam) said: Take this and give it in charity.  The man replied: O Prophet (Sallallahu alaihi wa sallam)!  Am to give this in charity to those who are poor than me?  O Prophet (Sallallahu alaihi wa sallam)!  By the Lord Almighty, in the whole of Madina, no one is more needy than me and my family.  On this the Holy Prophet (Sallallahu alaihi wa sallam) laughed so much so that His front teeth were visible.  Then He (Sallallahu alaihi wa sallam) said:  Give this to your family.

 

With the bestowal of the Allah, the Holy Prophet (Sallallahu alaihi wa sallam) bestowed on him in such a manner that he was rewarded even on a mistake.  Imam Abu Dawood has narrated the opinion of Imam Zahri in this context:

 

In fact, this was a special exemption for him.  If someone does this today, then he has no option other than giving the expiation for this.