Schacht’s theory about The Sunnah

by Hana Arisesa

The ummah is unanimously agree that Quran and the sunnah are the prominent source of the Islamic Law.  The position of these two sources are very important in Islamic believe. Due to this reason, there are many enormous attacks against this validation from the enemy of the islam. Quran as primary source has been guaranteed by Allah, no one can attack from all sides, because Allah has guaranteed and will guard it until the Day of Resurrection. Meanwhile, the sunnah is different. It has no assurance and protection from God for its validity. There will still be a group of chosen people from the early generations to the present who will defend and maintain the authenticity of this sunnah from their enemy.

One of the famous non-muslim scholar who tried in this effort is Joseph F. Schacht. He is a major scholar in Islamic studies from European and American scholarship. He was born on 15 March 1902, at Ratibor, In Upper Silesia, close to the border Czechoslovakia (Ratibórz). He was a scholar who had a great influence in the field of Islamic studies. His career has been extraordinary. His works are used as many references for the next generation of scholars. Obtained an honorable place among them. One of his magnum opus work, the Origins of Muhammadan Jurisprudence, received a high reportable among western orientalists. In the origin, Schacht want to prove that the authentication of the hadiths. This article describes the brief Schacht theory regarding the sunnah against the method which developed by the Muslim scholar in the Hadist literatures.

Schacht’s approach in study about The Sunnah

In the traditionalist muslim scholars, they have a unique method to check, test, and preserve the authentication of the Hadist. The muslim scholar’s belief that the hadith like Quran also based on the divine in origin, however Schacht’s position that to Islamic law was to treat it as a historical process and in its sociological dimensions (Wakin, 2003) (Forte, 1978).  The early muslim scholars has develop the chain transmission of the hadiths and its branch. In the time of the Prophet, the hadiths were prohibited to be written, due to Quran revelation is in progress. The Prophet ordered this to his companions, so it doesn't get mixed up with the Quran at that time. In general, the companion memories the hadist alongside they memories Quran. However, there are several his companions that allowed to write the Hadist from his such as Abdullah Ibn Amr ibn Ash (Asqalani), although majority of the companion passes the hadiths through their memories.

Basically, Schacht’s standing position is similar what Ignaz Goldziher's work on arguing the foundation of the Prophet’s sunnah (Isnaeni, Mukri, Muhsin, & Susanto, 2021). According to him the Islamic law establish in the third century of Hijrah (Rasyid, Lubis, Balwi, & Rasyid, 2021). The Prophet does not give and focus on th establishment of the Islamic Law. Rather the scholar Jurisprudent develop and establish the Islamic law. Schacht divides the term of Sunnah in the term of “Islamic law” into several categories: first, pre-Islamic custom as traditional sunnah, second local custom and the administrative rules of the Umayyads as second parallel sunnah. Then the developed and established school of law is regarded as the third sunnah, the living tradition of the schools. Finally, the last sunnah is the ultimate sunnah which is replacing the three previous sunnah. This final sunnah emerges in the early of the second hijrah (100 A.H.) (Forte, 1978).

Schacht explain that the Islamic sunnah during the time of the prophet is rooted from pre-Islamic tradition. He brings several examples such us the law of inheritance, ẓihar, and arbitrator (Minhaji, 1992).  The categorization of the sunnah into several categories negates the Prophet’s role during his mission for 23 years as judge in the early Islamic community. In Islamic historic it is undeniable that the Prophet not merely focus on the religious aspect only, as described by Schacht, but also, he has sentral role in the Muslim Community. The problems arise at that time, will be bring to the Prophet, whether in the form of problems related to community life or related to revelation, including the case about dispute about the law between them.

Schacht's view of the sunnah has major consequences for the conventional view. It is true that the pre-Islamic custom influence the pre-Islamic societies as law at that time. The Islamic teaching also acknowledge about that. Not only in the matter related to the pre-history custom as law, but also religious action from pre-historic living tradition accept as acceptable in the Islamic faith, for the example is the tradition doing sa'i between Safa and Marwa, which is continuation of the pre-Islamic tradition which Quran acknowledge that and command that as good deed in the pilgrimage.

Schacht's opinion also disgraced the importance of the time of the companion. After the Prophet passed away, the four caliphs succeeded his mission. He commands us to follow the footstep of the righteous Caliph after him. As the leader government of the early Islamic society, they also have role as law ruler. His companion as studied under the guide of the Prophet, consequently, first based foundation of the source is Quran and the Sunnah of the prophet. This opinion based on the reflection of the judgment of the caliph during their reign. They will be looking for the rule what is decided by the Prophets which binding to the ummah at that time.

According to Schacht, the reign of the Ummayad, also has sentral role in the development of the term of sunnah. During this era the establishment of the Islamic law began. The Ummayad caliph appointed the Qadis in their in several administration area. So, Qadis, here, has legal and formal law judge. The sunnah become the mixing from the administrative practice and the local custom which interpreted through the opinion of the judge (Forte, 1978). The next phase of the evolution of the sunnah is occurred during the second century of the hijrah. This time is marked by the development of Islamic schools of law at that time. The prominent scholar who received an in-depth study is Shafi’i. He is considered a brilliant jurist, and along with the presence of the Shafi’i, the codification of Islamic law has also become more rigid. He known as the fiqh foundation who made some theory to be foundation of the legal law. No room for merely individual opinion or in the customary law to make legal decision (Minhaji, 1992). So, product of law in this era is depend on the jurist scholar who made an ijtihad to decide the new problem that arise. So, due to the effort of these scholars at that time, why Schacht opinion on the position that the sunnah is establish during the time of the second century of Hijri not in the time of the Prophet. It is seemed that Schacht do not have same foundation in the meaning the term as usually muslim scholars used in the Islamic literature. 

The Challenge of Schacht’s Thesis

Regardless of the opinion that has been expressed by Schacht, the debate about his thesis, is open discussion by later generations. The Western scholar as well as the Muslim scholar has different reaction on that. There are some scholars who argue and critics his opinion, but also not a few who also supported it. Nearly all Western scholars agreed with Schacht’s opinion on the unauthenticity the sunnah tradition. Herbert Liebesny, J. N. D. Anderson, Seymour Vesey-Fitzgerald, and Gibb are several prominent western supporters to the Schacht opinion. In th other hand, the Schacht get refuted from another Western scholar such as Noel Coulson. He had intent discussion during the Schacht life, until year 1968, a year before he dies. From Muslim side, some scholar such as Said Ramadhan, Ahmad Hasan, and Ahmad Ibrahim. The Muslim works against the Schacht thesis should be mentioned here is Azami’s Work. He attempts to demonstrate the weak foundation of the Schacht’s theory by providing examples to refute the Schacht position. However, there is no western scholar who intentionally refute what Azami did in his book Studies In Early Hadith Literature.      

Conclusion

J. F. Schacht has major influence in the open direction of the Islamic Studies especially for the Western Scholar. His thesis has high reputable position in their community. However, for the Muslim scholar in general, the Schacht work is not accounted as what needs as attention. Apart from some Muslim scholars who try to criticize what Schacht has done, the current view in the Muslim world is what has been done to early Muslim did until now. What Schacht did in his thesis is become a discussion in the academic scholarship only.

Bibliography

Asqalani, I. H. (n.d.). Fath Bari.

Forte, D. F. (1978). Islamic Law: The Impact of Joseph Schacht. 1 Loy. L.A. Int'l & Comp. L. Rev. 1.

Isnaeni, A., Mukri, M., Muhsin, M., & Susanto, I. (2021). Mustofa Azami’s Criticism of Joseph Schacht’s Thoughts on Hadits. KALAM, 33-54.

Minhaji, A. (1992). JOSEPH SCHACHT'S CONTRIBUTION TO THE STUDY OF ISLAMIC LAW. Institute of Islamic Studies McGill Universit

Rasyid, D. R., Lubis, A., Balwi, M. A., & Rasyid, B. D. (2021). THE WRITING OF HADITH IN THE ERA OF PROPHET MUHAMMAD A Critique on Harun Nasution’s Thought. Al-Jāmi‘ah: Journal of Islamic Studies.

Wakin, J. (2003, January). Remembering Joseph Schacht (1902‑1969).