Understanding The Prophet's Life
From Issue: 909 [Read full issue]
Different Capacities
God’s Messenger (peace be upon him) had qualities and was in different positions which required him to act in specific ways or make specific statements. It is, therefore, our duty to be aware of the situation and take it into account when seeking enlightenment to help us solve the multitude of problems that have always troubled many people and caused much confusion. The Companions used to make a clear distinction between the commands of God’s Messenger that ensued from his position as legislator (maqam al-tashri) and those that did not. When they were not sure about a certain matter, they sought clarification about it.
It is related in an authentic tradition that Barirah was the wife of Mughith, a slave, at the time when her masters freed her. When she became mistress of her own destiny by manumission (itq), she divorced her husband because she loathed him. Yet, Mughith, who loved her very much, approached the Messenger of God about this divorce. When the Prophet spoke to her about returning to her divorced husband, Barirah said: “O God’s Apostle! Do you order me to do so?” He said, “No, I only intercede for him.” She said, “I am not in need of him” [Bukhari]. She thus refused to return to her husband, and neither God’s Messenger nor the Companions criticized her for that.
There are twelve different capacities in respect of which statements or actions would ensue from God’s Messenger. They include legislation (tashri), issuing edicts (fatwa), adjudication (qada), political leadership of the state (imarah), guidance (hady), conciliation (sulh), advice to those seeking his opinion (isharah), counselling (nasihah), spiritual uplifting of people (takmil al-nufus), teaching high and lofty truths (talim al-haqaiq al-aliyah), disciplining (tadib) and noninstructive ordinary statements (tajarrud an al-irshad):
1. Legislation (tashri).
The capacity as legislator is the predominant and most distinctive characteristic of God’s Messenger, for that is why God sent him, as indicated in the Qur’an: “And Muhammad is only an Apostle” (3:144). Evidence that the Prophet was invested with the power of legislation is abundant and manifest. One instance of this is his sermon at the farewell pilgrimage (Hajjat al-wada), during which he appointed certain people to repeat what he said so that others could hear his words [Muslim]. Another indication is his statement: “Learn your rituals from me [by seeing me performing them], for I do not know whether I will be performing Hajj after this Hajj of mine,” [Muslim, Abu Dawud] and his saying after concluding the same sermon: “Let those present inform those who are absent.” [Bukhari, Muwatta, Muslim]
..... [to be continued]
Compiled From:
"Treatise on Maqasid Al-Shariah" - Ibn Ashur, pp. 33-35