Second, proofs of those who deny that the Sunnah constitutes new rulings:
The deniers claimed that all the rulings of religion are exist in the Qur'an, of these Proofs:
1- The Sunnah contains the same meanings mentioned in the Qur'an, so it details the general meanings of the Qur'an, explains its ambiguous meanings, simplifies its meanings, specializes its general rulings, and restricts its absolute; that is because it is an explanation to it as Allah (may He be Exalted) says to His Messenger (peace be upon him): "And We have also sent down to you (O Muhammad peace be upon him) the Dhikr [reminder and the advice (i.e. the Qur'ân)], that you may explain clearly to men what is sent down to them." (1)
Therefore, you do not find a ruling in the Sunnah except it is mentioned in the Qur'an in general or in details. (2)
Discussing this evidence:
The proof was refuted as follows: There is no reference in the Ayah to limit the revelation of the Sunnah to just explaining the Qur'an.
Let us adopt their view to refute it; suppose that the Ayah denotes inclusiveness and the meaning is: We have not sent down the Qur'an to you [Prophet Muhammad] except to explain the rulings therein, this will not achieve the function of the Prophet (peace be upon him) and his role is limited only to the explanation of the rulings of the Qur'an and not informing people about future events.
The real meaning of the Ayah is that Allah sent down the Qur'an so that the Prophet (peace be upon him) would explain it to the people, and not to ignore it or leave the people ignorant about its rulings. However, this does not negate that the Sunnah may constitute new rulings that were not mentioned in the Qur'an.
If we suppose that the Ayah means that the unuttered revelation is for explanation, there is no evidence that the explanation is for the general meanings of the Qur'an because the explanation that was mentioned in the Ayah means to explain the rulings for the people whether the rulings were made for the first time (by the Sunnah) or were mentioned in general in the Qur'an if the meaning of "Dhikr" is the Qur'an.
However, if the word "Dhikr" means knowledge as some commentators said, (3) the matter is obvious that the meaning is: We have sent down to you all kinds of revelation to explain to the people the rulings mentioned therein.
Allah described the Qur'an in many Ayahs as an explanation such as Allah's Saying: "These are the Verses of the Clear Book (the Qur'ân that makes clear the legal and illegal things, laws, a guidance and a blessing)." (4) and His Saying: "And We have sent down to you the Book (the Qur'an) as an exposition of everything." (5)
So, there is nothing in the Ayah indicates the meaning which the deniers hold. (6)
2- Allah (Glory be to Him) made the Qur'an an exposition of everything. Allah (may He be Exalted) says: "And We have sent down to you the Book (the Qur'an) as an exposition of everything." (7)
He also says: "We have neglected nothing in the Book, then to their Lord they (all) shall be gathered." (8)
Allah (Exalted be He) says: "This day, those who disbelieved have given up all hope of your religion." (9)
So, it is impossible that Allah (may He be Exalted) would say so then gives the Messenger (peace be upon him) extra rulings that were not mentioned in the Qur'an. (10)
Discussing this evidence:
The proof was refuted as follows: His Saying: "This day, those who disbelieved have given up all hope of your religion." It means —as Al Baydawy and others said— Allah perfected the religion by providing victory to it and made it superior to other religions. (11) or made it complete by the Qur'an —as the deniers claim— by mentioning the rules of faith, the fundamentals of Shari`ah, and the rules of Ijtihad (juristic effort to infer expert legal rulings). Of these rulings: Informing that the Sunnah with all its types constitutes an evidence and of these types also is that the Sunnah which constitutes new rulings.
The meaning of the Ayah is not that Allah completed the religion with the Qur'an by stating every ruling that was mentioned in the Sunnah because if the matter as such, the Qur'an should have contained all the details. Mentioning the rulings in general cannot be claimed to be the perfection about which the Qur'an spoke. (12)
As for His Saying: "As an exposition of everything," it means that the Qur'an contains everything and that is of two ways:
1- Through direct statement such as the obligation of Salah, Zakah, fasting, Hajj (pilgrimage), Jihad, and the fulfillment of promises and all the general rulings which were mentioned in the Qur'an.
2- Referring to the Sunnah such as detailing the rulings of Salah and legislating extra matters that were not mentioned in the Qur'an such as the prohibition of combining between a woman and her paternal or maternal aunt in marriage.
This meaning is mentioned in Allah's Saying in Surat An-Nahl: "And We have also sent down to you (O Muhammad peace be upon him) the Dhikr [reminder and the advice (i.e. the Qur'ân)], that you may explain clearly to men what is sent down to them." (13)
Allah (Exalted be He) says: "And We have not sent down the Book (the Qur'an) to you (O Muhammad peace be upon him), except that you may explain clearly to them those things in which they differ, and (as) a guidance and a mercy for a folk who believe." (14)
So, the explanation and exposition of the Qur'an is a mission which Allah (Glory be to Him) commanded His Honorable Prophet in the Glorious Qur'an to fulfill. So, if the Qur'an can do without the Sunnah, the command that was given to the Messenger would have been out of wisdom because there is no benefit in the explanation of the Messenger because everything is explained in the Qur'an, so it would have been nonsense.
As for Allah's Saying: "We have neglected nothing in the Book, then to their Lord they (all) shall be gathered," the meaning of "the Book" is not the Glorious Qur'an but Al-Lawh-ul-Mahfuzh (the Preserved Tablet) where Allah wrote all events in full details. (15)
Even if the meaning is the Qur'an, they have no evidence because the meaning as Al Qurtuby said: We have not neglected anything in terms of religion but mentioned in the Qur'an in general, in the Sunnah in details, in Ijma` (consensus), or in Qiyas (analogy) which was authentically proven by the Qur'an. (16)
3- They claimed that sincere observation and induction have proven that the Sunnah did not constitute new rulings. (17)
Discussing this evidence:
The proof was refuted as follows: Reality completely negates this claim because observation and induction should be extracted from the sayings of the Prophet (peace be upon him), the Rightly-Guided Caliphs, and all the pious Companions (may Allah be pleased with them). Moreover, all Fuqaha' (Muslim jurists) from all schools of Fiqh wrote in their books the opposite to this claim, therefore this is a wrong observation and imperfect induction. And Allah knows the best. (18)
(1) Surat An-Nahl: 44.
(2) Al Muwafaqat (4/6).
(3) Rawh Al Ma`any of Al Alusy (14/136).
(4) Surat Al Qasas: 2.
(5) Surat An-Nahl: 89.
(6) Hujjiyyat As-Sunnah p. (521 - 522).
(7) Surat An-Nahl: 89.
(8) Surat Al An`am: 38.
(9) Surat of Al Ma'idah: 3.
(10) Al Ahkam of Ibn Hazm (7/112) and Al Mwafaqat (4/6).
(11) Tafsir Al Baydawy p. (141) and Tafsir Al Qur'an Al Karim of Sheikh Shaltut p. (275 - 276).
(12) Hujjiyyat As-Sunnah p. (525).
(13) Surat An-Nahl: 44.
(14) Surat An-Nahl: 64.
(15) See: Jami` Al Bayan of At-Tabary (7/188) and Jami` Al Ahkam of Al Qurtuby (11/420).
(16) Al Jami` Li Ahkam Al Qur'an (11/420) with slight paraphrasing.
(17) Al Muwafaqat (4/6).
(18) Hujjiyyat As-Sunnah p. (525 - 526) and Manzilat As-Sunnah Min Al Kitab p. (499).