The Methodology of Jurists in Deriving Legal Rulings from the Sunnah of Approval Sunnah Taqreeriyyah

Abstract

The methodology of jurists in deriving rulings from the Sunnah of Approval Sunnah Taqreeriyyah is an important topic that discusses how Islamic jurists deduce legal rulings based on actions and statements presented in the presence of the Prophet Muhammad ﷺ without his objection. Sunnah Taqreeriyyah refers to those narrations in which an action or statement was brought before the Prophet ﷺ, and he did not object, which is taken as his tacit approval. Jurists first examine whether the action or statement presented before the Prophet ﷺ aligns with Islamic principles. If he remained silent, they consider it an endorsement of the act as valid. When deriving rulings from Sunnah Taqreeriyyah, jurists also take into account the context of the statement or action to ensure accurate application. They consider whether the ruling implied by the Sunnah Taqreeriyyah is general or specific. If it is for a specific circumstance, they apply it with caution to avoid generalization. Jurists also compare Sunnah Taqreeriyyah with other Hadiths and legal rulings to resolve any potential contradictions or differences. If direct rulings cannot be drawn from Sunnah Taqreeriyyah, they use consensus (ijma) and analogy (qiyas) to derive rulings. This approach highlights the scholarly depth and mastery of Islamic principles by jurists, allowing them to deduce legal issues with precision and careful consideration.

A student can receive knowledge and wisdom from their teacher or mentor in three ways. First, by listening to their teacher's words and acting on them; second, by observing their actions closely and following their example; and third, by staying in the teacher's presence, performing various actions in their view, where the teacher may correct or endorse them, sometimes verbally and sometimes simply by remaining silent. This third method is termed as “approval.” The Prophet Muhammad ﷺ also used these three methods for the training and refinement of his companions, leaving an exemplary model unmatched in history. The following section aims to discuss the third aspect of Sunnah saying, action, and approval and to examine the views and methodologies of jurists on this matter. For Sunnah Taqreeriyyah, the terms “prophetic approvals” or “acknowledgments of the Prophet” are generally used.