السياسة الشرعية في تصرفات النبي صلى الله عليه و سلم

الملخص EN

Distinctions have to be drawn across Prophet Mohammad’s acts so that the Sunnah can be properly understood.

They are necessary for defining its contents in terms of broad legislations, specific Shar’i politics, what is not relevant to legislation and politics and what is controversial.

In the researcher’s view, the Prophet’s acts in relation to legislation can best be understood by classifying them in accordance with his function or role at the time of the act in question.

The Prophet’s acts embody the following varied roles: an individual human, a family man, a model of intellectual behaviour and social reform, the Messenger of Allah, a responsible Muslim, the Mufti, a judge and a ruler/imam.

The Prophet’s acts fall into three categories: non-legislative; broadly legislative; and specifically legislative.

The nonlegislative category does not involve Shar’i politics.

As for the broad legislative category, the acts relate to Shar’i politics in a variety of ways: as exceptions, e.g.

in the case of acts based on the two types of revelation; as a means to prevention, approval and tradition, e.g.

in ijtihād cases; as assessment of expected outcomes in the case of issuing fatwas; as the use of analogies in order to reach a proper judicial ruling; as making convictions if signs of suspicion appear on the accused; and as resorting to ta’zir (discretionary punishment) in criminal offences.

However, the basic aspect of Shar’i politics in his acts lies in his role as the head of the Muslim state