Contextualization of Hadith as a Solution to the Polemic of Sunnah Ghair Tasyri’iyyah: A Comparative Study of the Thoughts of Syaltut and Syahin

Abstract

In terms of the authority of hadith, Muslims unanimously agree that the Sunnah of the Prophet is the second source of Islamic teachings after the Qur’an. However, differences arise in interpreting the extent to which the Sunnah is legally binding. This article is a hadith study of the thoughts of Mahmud Syaltut and Musa Syahin regarding the concept of ghair tasyri’iyyah Sunnah. Mahmud Syaltut distinguishes between tasyri’iyyah (legislative) and ghair tasyri’iyyah (non-legislative) Sunnah, asserting that only the former is obligatory to follow. His perspective is based on differentiating between the divine and human aspects of the Prophet. In contrast, Musa Syahin rejects this distinction, arguing that all actions of the Prophet carry legal value, including permissibility (ibahah), which he considers part of the Shari‘ah. This study aims to compare and find common ground between the views of the two scholars using a qualitative-comparative method through library research. The findings show that the difference between them is largely terminological and methodological. Syaltut classifies mubah into two categories: rational (‘aqly) and legal (shar‘i), while Syahin does not. Points of convergence include: the importance of understanding hadith contextually through its sabab wurud and ‘illah; and the obligation to practice the universal Sunnah of the Prophet with the intention of ittiba’ (emulating the Prophet) as a manifestation of love for him. Through this approach, Sunnah practiced is deemed legislative, rather than merely rationally permissible.