Abstract

The Prophet, whom Allah sent the whole universe and humanity as mercy, produced not only many judicial rules and practices regarding the relations of a person with Allah and other people in Islam but also uttered sentences about the explanation of holy book, Qur’an, and about how this book can be put into practice. The issue whether and how much these sentences of the prophet (hadith) and acts of the prophet (Sunnah) are binding have been discussed by both hadith methodologists and fiqh methodologists; accordingly, a great many studies were produced. In hadith methodology, the discussions about Sunnah of the Prophet had their reflections in the studies of fiqh methodology; and especially Hanafi jurists propounded considerations about this issue. Hussein b. Ali al-Saymerî (d. 436/1045) one of these jurists, is the student of Muhammad b. Mûsa al-Khwârizmî (d. 403/1012), who is the student of Abû Bakr al-Jassâs (d. 370/980), who is an authority in Hanafi methodology. al-Saymerî, who adopted the method of al-Jassâs in fiqh methodology, systematically categorized several fundamental issues which were discussed and were related to fiqh methodology during his time; and he defended the views of Hanafi scholars about these issues primarily against Shâfiʿîs and several fiqh and kalam schools. While presenting the views and evidences of Hanafis, al-Saymerî initially applied for the views of founder imams of Hanafi sect such as Abû Hanîfa, Abû Yusuf and Muhammad al-Shaybânî; following these scholars, he greatly benefited from Hanafi scholars from Iraq region, such as Abu’l-Hasan al-Karkhî (d. 340/952) and his student, Abu Bakr al-Râzî al-Jassâs. When the relevant parts of his study is analysed, it is seen that the effect of al-Jassâs is especially noticeable. In this article, we will study the binding issue of the Sunnah of the Prophet within the context of al-Saymerî’s study, which has extant and is called Mesâilu’l-hilâf fi usûli’l-fiqh. We consider that the different attitude of al-Saymerî about the Sunnah of the Prophet from the other methodologists and hadith scholars and the underlying reasons of these differences are worth to be investigated and emphasized.