Deriving Fiqh from Stories of Previous Prophets

By Mufti Ebrahim Desai
Posted: 24 Rabi-ul-Awwal 1424, 26 May 2003

Q.) Do Mujtahid scholars when using the Qur'an to derive fiqh and make Ijtihad use stories of previous Prophets as well or have they been abrogated?

A.) Each Mujtahid has his own principles regarding derivation of rulings from the incidents of previous prophets. The most accepted opinion in the Hanafi Madhab is that rulings can be extracted from these incidents on condition that they were narrated by Allah Ta'ala or Nabi Sall-Allahu alayhi wa sallam without any refutation of this ruling by them.

The Mujtahids derive rulings from the Qur'an and Hadith using principles which are based on Qur'an and Hadith as well. The principles of one Mujtahid differ from that of another. The preferred opinion in the Hanafi Madhab is that the incidents of the previous prophets mentioned by Allah Ta'ala and Nabi Sall-Allahu alayhi wa sallam can be used for the purpose of deriving rulings from. However, with the condition that the ruling to be extracted was not refuted by Allah or Nabi Sall-Allahu alayhi wa sallam. (At-tawdeeh wat Talweeh pg.446; Nur Muhammad)

And Allah Ta'ala Knows Best