Re: Mutawatir Ahadith superceding Holy Quran's Ayats
here the part of quoted text in post # 9
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In the name of Allah, Most Compassionate, Most Merciful,
The Qur’an always comes before the sunnah, as the sunnah is the commentary and the explanation of the Qur’an. Allah Most High says to His Messenger (Allah bless him & give him peace):
“So that you explain to the people what has been revealed to them.” (Surah al-Nahl, 44)
Also the famous Hadith of Mu’adh (Allah be pleased with him) when he said: “I will judge and make decisions according to the Qur’an and if I don't find a ruling in the Qur’an, I will turn to the sunnah”, is an example of this.
However, the Sunnah at times restricts the broad and general meaning of a particular word of the Qur’an. Similarly, it explains the ambiguous term by which the meaning intended by Allah Almighty is known. There are many examples for this.
....
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^^ uptil here it is alright. Hadees and sunnah is the primary source for understanding quran
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Also according to the majority of the scholars (jumhur), a ruling of the Qur’an can be nullified by the Sunnah, as whatever the Messenger of Allah (Allah bless him & give him peace) says is from Allah (Surah al-Najm,v4).
Example for this is the Hadith which says “Wasiyya (bequest) is not permissible for an heir (inheritor). This cancels out the verse of the Qur’an which indicates that Wasiyyat is prescribed for parents (al-Baqara, v.180).
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One or two scholars does not constitute 'jamhor'. Secondly quran is the the word of God and prvovided absolute protection by him (it is part of faith) collection of hadees is a human efforts and is prone to mistake,errors ommisions... Mut'watar hadees is no exception either.
Regarding your example, Its is common rule that any quranic command can be ammended by any other quranic verse which is revealed later. For instance prohibition of intoxicants etc.
you and mufti sahab needed to read the quran where Allah himself explains the matter of interitence in sura nisa, chapter 4 where complete proportion of share for heirs is given in detail
[quote]
Allah enjoins you concerning your children:
The male shall have the equal of the portion of two females;
then if they are more than two females, they shall have two-thirds of what the deceased has left, and if there is one, she shall have the half;
and as for his parents, each of them shall have the sixth of what he has left if he has a child, **
*but if he has no child and (only) his two parents inherit him, *
*then his mother shall have the third; but if he has brothers, *
*then his mother shall have the sixth after (the payment of) a bequest he may have bequeathed or a debt; *
**your parents and your children, you know not which of them is the nearer to you in usefulness; this is an ordinance from Allah:
Surely Allah is Knowing, Wise. {4:11}
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You can see the exact proportions of share for near kins has been ordained in this ayat and the next few ayaat. Parents are part of it. This verse of quran takes away the right (which was precviously granted in ayat 2:180).So no bequest for parents now, as Allah himself has defined their share.
So it is not the hadees which supercede quran, it is another quranic ayat which provide guidance in this mater
Also a person is allowed, a bequest (at most) one third of his property/wealth to anyone who is not mentioned in the list legal heirs in islam. Quran encourages muslim to share wealth with those relatives and unrelated poor orphans too. (4:8)
