تصرفات الرسول صلى الله عليه وسلم بوصفه إماماً وأثرها على التشريع -دراسة فقهية

Acts of the Prophet (SAW) as a Head of the State and its Effect on Legislation; A Legal Analysis

Abstract

The status of the prophet is not confined to being the Messenger of Allah, mediating God’s message to mankind; rather, being the head of an Islamic state, he fulfilled the responsibilities of administration of justice as well. Many verses of the Holy Qur’an and prophetic traditions corroborate the fact that the prophet (PBUH) was, on one hand, supposed to educate the people, and, on the other hand, to run the affairs of the Islamic state. Taking into account this fact, his acts may be construed as legislation for which all his followers must owe to obey, or it may be just a temporary adjustment as a political administrator, holding no binding position. So, Muslims are not supposed to carry on the latter kind of prophetic acts unless proper legislation takes place accordingly from the ruler. The articulation of the Prophetic acts has given rise to disagreement among jurists on many issues. This work endeavors to articulate the Prophetic acts; to mention the views held by jurists in this regard and to describe their arguments, with the help of examples from legal issues.