The Scope of Riwaya (Narrative) for Muslim Jurists and its Influences on the Islamic Jurisprudence

Abstract

In Islamic jurisprudence, the primary connotation of riwaya or narrative is the Prophet's sayings, deeds, and practices, but the term is used also for many other meanings in terms of its scope. The religious opinions and practices of the Companions, as well as of the first and second generations, are considered to be included in the subject of riwaya, and especially with the leading jurists, riwaya started to be used as juristic material and as evidence.

Islamic jurisprudence cannot be thought of without riwaya, which has always played a decisive role in all stages of juristic activity from the beginning. The science of Islamic law (fiqh) and its methodology (usul) were formed especially with the narratives related from the Prophet, and the foundations of the juristic proofs and universal principles were laid. With the accounts reported from the Companions and the following generation (tabi'un), the Islamic jurisprudence was consolidated, while in the period of the third generation (taba al-tabi'un), the corpus of riwaya was systematized, forming the sub-branches of fiqh, such as family law, commercial law, criminal law, obligations law, and inheritance law. Fiqh has been communicated to the following generations through both oral and written riwaya and thus the heritage of Islamic jurisprudence has been preserved.