Fatwa Sahabi

Question 1

Fatwa Sahabi

Answer 1

1. Opinion that is reached by the Companions by way of ijtihad
2. Practice established when Companions performed ijtihad and issued legal opinions after death of PM

Question 2

Views on who can be considered “Sahabi”

Answer 2

1. Majority - Individual who met PM, believed in him and died as a believer
2. Some scholars – Also have to narrate the Hadith for PM and joined him in battle to considered a Sahabi

Question 3

Inheritance of grandmother

Answer 3

1. Ruling issued by leading Companion Saiyyidina Abu Bakar
2. AQ 4: 11 - does not include portion of grandmother
3. Hadith - Portion of a grandmother is 1/6
4. Conditions (must fulfill in order to receive inheritance)

Question 4

Conditions that grandmother must fulfill to receive inheritance

Answer 4

1. First condition - Deceased’s mother must be absent
2. Grandmother is a substitute heir
3. Takes mother’s place when mother has passed away
4. Mother blocks grandmother from receiving inheritance if mother is still alive
5. Second condition - No hindrance that prevents grandmother from receiving inheritance
6. Deceased’s father hinders both paternal and maternal grandmother from receiving inheritance if he is alive
7. Deceased’s paternal grandmother further hinders paternal grandmother from receiving inheritance if he is alive
8. Because father and paternal grandfather is closer in kinship to the deceased

Question 5

Is Fatwa Sahabi authoritative and binding?

Answer 5

Yes, scholars unanimously agreed that Fatwa Sahabi is authoritative and binding when accepted by other Companions

Question 6

Views on whether fatwa by single companion is considered as proof which takes priority over other sources?

Answer 6

1. First view - Absolute proof that takes priority over Qiyas
2. Second view - Not proof and not binding on any person
3. Third view - Authoritative only if FS disagrees with Qiyas
4. Fourth view - Only fatwa issued by the Four Caliphs are binding

Question 7

First view on FS by single companion

Answer 7

1. View of most leading jurists
2. Based on AQ 9:100 and AQ 3:109
3. AQ praising the Companions for being “best community” and that their example commands authority and respect
4. Shows fatwa by single companions is obligatory because AQ would not have praised them if their fatwa is not binding
5. Hadith - “My Companions are like stars, whoever that you follow will lead you to the right path
6. Following the way of the Companions is correct guidance
7. Implies that Muslims must adhere to the fatwa issued by any of the Companions, even if it is only opinion by single Companion

Question 8

Second view on FS by single companion

Answer 8

1. View of Imam Malik and some Hanafi jurists
2. Supported by AQ 59:2
3. AQ implies ijtihad is responsibility of any mujtahid or scholar competent to perform ijtihad, regardless whether he is a Companion or not
4. Mujtahid must only rely on sources of Shariah and should not imitate anyone, even the Companions
5. Only AQ and Sunnah are binding
6. Cannot imitate the Companions because opinion developed by ijtihad has to be personal
7. No other individual, even a Companion, has been granted status similar to that of PM
8. Argument criticized by Abu Zahrah
9. Saying that FS is authoritative does not mean that the Companions are rivals of PM
10. Fatwa more authoritative than fatwa by other mujtahid because they had direct access to PM

Question 9

Third view on FS by single companion

Answer 9

1. View of Abu Hanifah
2. If FS by single Companion conflicts with Qiyas, Qiyas indicated to be weak and FS is independent source
3. If FS agrees with Qiyas, FS is not independent authority that merely concurs with Qiyas

Question 10

Fourth view on FS by single companion

Answer 10

Based on Hadith - “You are to follow my Sunnah and the Sunnah of the Khulafa’ al-Rashidun after me”