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This study discusses the issue of the independent Sunnah in legislation from a specific aspect, which is the position of the muhdithin and the position of the modernists towards it. The first trend which includes the majority of hadith and Usul scholars who approves the authority of the independent Sunnah in legislation, and approves that the Prophet possesses the authority of clarification and legislation. The second trend which includes the majority of the Muslim modernist distinguishes between the description of prophethood and the Messangerhood. They confine revelation to the Messenger not to the prophet. They consider prophethood is only a field for the application of revelation. They claim that the independent Sunnah is part of those prophetic applications. This claim ends with stating its Historicism and denying its legislative status. The study discusses these opinions and it concludes that the opinion of Hadith scholars is based on strong evidences. The study clarifies the flaws of the modernist trend that deprives the Sunnah from one of its important legislative aspects without sufficient evidence.