بسم الله الرحمن الرحيم
Series of Answers by the Ameer of Hizb ut Tahrir, Eminent Scholar Ata Bin Khalil Abu Al-Rashtah to his Facebook Fiqhi Page
To: Abu Al Walid Al Chami
Question:
Assalamu Alaikum Wa Rahmatullah Wa Barakatuhu, may Allah (swt) grant you victory and aid you in what pleases Him... I have a question: It is mentioned in the book "Al Shakhsiyya," (The Islamic Personality) Volume 3, (p. 269 Arabic edition/ p. 240 English edition) in the chapter "(Al Bayaan Wa Al Mubaiyan) The Clarification And The Clarified", it is mentioned: "The clarification (bayaan) could be a saying of Allah (SWT) and the Messenger (SAW), and it could be an action of the Messenger." The question did not mention the consensus of the Sahaba in the bayaan (clarification), so can the consensus of the Sahaba be considered a bayaan mujmal (general clarification), and is the Khilafah "Caliphate" and its rules which were acted upon and shown by the Sahaba considered to be a general clarification" and "rule between them by what Allah (swt) has revealed," please explain? Wa Alaikum Assallam) End.
Answer:
(Wa Alaikum Assallam wa Rahmatullah wa Barakatuh,
What has been mentioned in the third volume of "Al Shakhsiyya," (The Islamic Personality) "The clarification (bayaan) could be a saying of Allah (SWT) and the Messenger (SAW), and it could be an action of the Messenger..." this text contains consensus, because the consensus reveals a proof from the Sunnah which the Sahaba understood. So, when this case was presented, they said its rule without seeing the Hadith because it was known to them, for example: The inheritance of the grandparent with the son, that is if a person dies and he has a son and a grandparent, was presented, so how much is the inheritance of the grandparent? The Sahaba's consensus was that he inherits sixth of the inheritance, which means that they heard a hadeeth from the Messenger of Allah (saw), and since they knew it they stated the rule without providing the evidence. This is why the consensus of the Sahaba reveals proof, which means that the Hadith of the Messenger (saw) was not narrated by the Sahaba but they mentioned the rule directly.
Therefore, the mentioned text in the book "Al Shakhsiyya" contains inclusive consensus since a consensus is reached based on Hadith by the Messenger of Allah (saw).
It is mentioned in the third volume of the book "Al Shakhsiyya," in the Chapter of Consensus, (p. 295 Arabic edition/ p. 268 English edition), the following:
(Fourthly: The consensus of the Sahaabah refers to the Shari'ah text itself, for they didn't consent on a verdict unless they had a Shar'i evidence from the saying, the action or the approval of the Messenger (SAW) that they relied on it, so their Ijmaa' had disclosed an evidence, and this is not attainable to other than the Sahaabah; because it is them who accompanied the Messenger (SAW) and from them we have received our religion, therefore their consensus is the proof and other than that is not a proof, for the Sahaabah didn't consent on a matter unless they had a Shar'i evidence for it they didn't narrate it, so the consensus of the Sahaabah is a Shar'i evidence for the quality that it discloses an evidence, not for the quality that it is their own opinion.) End.
From this, the answer to your last question is explained... yes, what is mentioned about the consensus of the Sahaba (ra) in the matter of the Khilafah "Caliphate" is a clarification of the Ayat (verses) about ruling from the Holy Quran.
Your brother
Ata Bin Khalil Abu Al-Rashtah
The link to the answer from the Ameer's Facebook page.