Ahkâmın Değişiminde Amel ve Hadis Dilemması: Şevvâl Orucu Çerçevesinde Hadis Rivayetlerinin Mekruh Ameli Müstehaba Dönüştürmesi
The Dilemma of ʿAmal and Ḥadīth in the Change of Aḥkām: Changing a Reprehensible Practice to a Recommended One with the Ḥadīth Narrations on the Topic of Shawwāl Fasting

Summary/Abstract: This article aims at examining the limits of change in the field of worship through a study on the origins of the ḥukm[religious ruling] of Shawwāl fasting that is widely practiced in the different parts of Muslim world. The study, firstly, deals with the evolution of the ḥukm of Shawwāl fasting chronologically among four sunnī schools of law, then analyzes the solitary reports on the topic. It concludes that in Mālikīand Ḥanefīschools, the ḥukm of this specific worship changed within the limits of karāha [reprehensibility], ibāha [permissibility], and nadb [recommendation]. This ḥukm was constructed based on solitary reports which later became a paradigmatic source of religious legitimacy in the Ḥanbalīschool beginning with the eponymous Imām and in the Shāfiʿīlong after the founding authorities. It also claims that it is strongly probable that the solitary reports on the topic go back to a deduced opinion in the age of companions, but then reached to a form of prophetic solitary report in the corpus of hadīth reports. Ultimately, this specific worship that has restricted number of fasting was established with the paradigmatic effect of the approach to solitary reports as the only authentic way of transmitting the sunna, even though it is at odds with the fact that this worship had not been implemented in the first two centuries after hijra, i.e. contrary to the established practice [ʿamal]. Summary: The issue of change of rulings in Islamic law comes up frequently on various occasions, and an increasing number of academic studies are trying to determine the characteristics and limits of this change in numerous books, articles and papers. These studies mostly seem to focus on bringing together the arguments that can be compiled under the title of ‘the flexibility of Islamic law in response to the challenges of modernity’. Although the change of rulings in Islamic law is an undeniable fact, reading it only from the lens of the change in Islamic law depending on the requirements of time is an inadequate reading. The change of rulings in Islamic law has different motives; and the change of time, more precisely the change of custom, is only one of them.On the other hand, another issue that comes up in relation to the change of rulings is the claim that this change can only take place in terms of the rulings regulating the interpersonal relations, i.e. muʿāmalāt. In fact, this claim relies on the abovementioned approach that limits the change in Islamic law with the change of custom. Hence, because other two main areas of Islamic law, worships (ʿibādāt) and punishments (ʿuqūbāt) are not open to change through custom, their rulings will not change at all. This article will try to reveal that the change in rulings might reside in a sort of another change emerged in relation to the sources of these rulings, which is a neglected point. Thus, by exposing that the field of worships which is mostly considered as a closed area for change in rulings is actually open to it, this article will examine the limits of this change.For this analysis, the article deals with the fasting of six days in the month of Shawwāl as an example, which is widely practiced in various parts of the Islamic world. The main evidence on which this fasting is based on is a report transmitted in the considerably authentic hadith sources of Ahl al-Sunnah, which reads as follows “Whoever fasts the Ramaḍān and adds six days from Shawwāl, will get reward of the entire year”. This fasting, which is the subject of a great agreement on its ruling as recommended (mustaḥāb) practice today, was actually regarded as reprehensible (makrūh) by the two great eponymous jurists of the first two schools of law in the second Hijrī century, namely Mālik b. Anas and Abū Ḥanīfa. In his al-Muwaṭṭaʾ,Mālik clearly expresses that he did not recognize any scholar who keeps this fast, and that no [authentic] report has reached him on this. The fact that both Mālik b. Anas and Abū Ḥanīfa declared an opinion on the subject shows that this practice started to appear in the first half of the second ḥijrī century as a practice or as a solitary report (khabar al-wāḥid). However, both imāms have stated that such a specific worship would be makrūh. In spite of these very sharp expressions, the schools of law, which were founded by the followers of these two eponymous scholars, abandoned their views and widely accepted Shawwāl fasting as mustaḥāb. This article examines why this sharp change occurred in a worship in the schools of law and in which way it took place.Accordingly, the fundamental motive in this change is a paradigmatic transformation in understanding and identifying the sunna as a source of normativity. Although an agreement was formed on the validity of solitary reports as a source of knowledge in the second ḥijrī century, it was not yet accepted that these narrations are identical to sunna as a source of normativity. For that reason, both Abū Ḥanīfa and Mālik did not hesitate to reject any solitary report that contradicted a stronger evidence. However, as a result of the extraordinary efforts of Ahl al-Ḥadīth, the epistemic value of solitary reports has reached to an authority equating them to the sunna with a very rapid acceleration as of the end of the second century and throughout the third century. This situation led later scholars of schools to abandon the views of the eponymous scholars of these schools on certain topics in favor of certain solitary reports. This was also the process for the change in Shawwāl fasting.This thesis will be put under two headings, a section that tries to determine the periods and processes for the Sunnī schools of law in considering this fasting as mustaḥāb; and another section that provides an evaluation of transmitted reports in relation to the Shawwāl fasting. Accordingly, in the Mālikī and Ḥanafī schools, due to the effect of the reports, the ruling of Shawwāl fasting has been transformed from makrūh into the mustaḥāb as a result of the interpretational activities that started in the fourth ḥijrī century. Shawwāl fasting was accepted as mustaḥāb in the Shāfiʿī school, although there was no transmitted opinion on the subject from the founding imāms, in the fifth ḥijrī century; and in the Ḥanbalī school directly by the founding imām Aḥmad b. Ḥanbal, whose main aim was to follow a concept of religion that puts the transmitted reports at the center. When the reports on the subject are examined, it demonstrates that the mustaḥāb ruling is mainly rooted in a report by Saʿd b. Saʿīd transmitted in the famous hadīth compilations including Muslim’s Ṣaḥīḥ.Yet, this report was criticized in its both chain and text. Combining the facts that the same report with the same chain was also transmitted as the words of the companion in some sources and the verse that declares good deed will be rewarded ten times higher than what it deserves will make the following explanation a valid one: As Mālik put it such a fasting practice was commonly unknown to the Muslim society in the first two centuries after the ḥijra. Sometime after the death of the Prophet, an inference was made probably by a companion(s) as that it would be a good deed if someone who fasted an entire month already and got used to the fasting to fast six more days in order to get a reward of fasting for the entire year according to the verse that rewards good deeds with ten times higher. Since it is a recommended practice in essence, i.e. fasting for the sake of Allah, this inference transformed into a report and easily passed through the filters of hadīth scholars who are linked to a sort of piety promoting worships among people. After the solitary reports gained an authority to the extent that they can rarely be challenged, the followers of later schools of law preferred to get in a process of re-interpreting the opinions of their imāms in order either to reconcile them with the content of report, or at least to show why these imāms actually spoke against this fasting. Eventually, the later scholars of madhhab decided for the standard opinion of the madhhab depending on the reports in favor of the Shawwāl fasting rather than following their eponymous imāms.

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