Fatwa: # 15154
Category: Hadith
Country: Other Country/Island
Date: 6th May 2007

Title

What classification must the Hadith fall under before we can act upon it?

Question

What are the classifications of the following Ahadith? (are they saheeh, daeef etc.)

Yazid bin Abi Habib reports that the Prophet (Sallalahu Alayhi Wassallam) passed by two women who were praying salah. He said, 'When you prostrate, let part of your body cling to the earth, for women are unlike men in this regard'.

(Abu Dawood in his al Maraseel pl8 (Muassasah al Risalah edition), and Baihaqi 3201)

Sayyiduna Ibn Umar (RA) narrates that the Prophet (Sallalahu Alayhi Wassallam) said, 'When a woman sits in salah she should place one thigh over the other, and when she prostrates she should press her stomach to her thighs in a manner that is the most concealing for her. Indeed Allah looks at her saying, "Oh my angels! I make you witness that I have forgiven her." (Baihaqi 3199)

What classification must the Hadith fall under before we can act upon it?

Can we use the practices and statements of the Sahaba (RA) and Tabiun (RA) alone to derive fiqh , or is it necessary to have authentic  Hadith as well?

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

1.The first hadith is a mursal narration.  All the narrators in it are reliable.  Mursal narrations are accepted by the Hanafi Jurists.

The Second hadith is reliable due to the fact that it is being support by the above hadith and by many other narrations and statements of Sahaba.

2.A hadith must be authentic or sound and it must be fulfill on the conditions of the Jurists before practicing on the hadith.  Not all authentic ahadith are acted upon.

As for dha’eef ahadith being used in rulings of Shariah, it is clear from the method of the Jurists and Muhaditheen that dha’eef hadith can be used as proof for rulings as long it is not extremely weak.

Hanafi School

Imam Abu Hanifa (RA)states, “Dha’eef narrations from Rasulullah (Sallalahu Alaihi Wasallam) precede analogy.  Analogy is not permissible when there is a dha’eef hadith present. (Al-Mahala of Ibn Hazm 3:61)

Ibn Hu’mam (RA) says, “Istihbaab (preferable) is proven from dha’eef which has not reached mawdoo’.” (Fath al-Qadeer 2:139)

Maliki School

According to Imam Malik (RA) Mursal meaning Munqati’, is a reliable proof as stated in the book of the Maliki fiqh ‘Nash al-Banood ala maraqi al-Sa’ood’ (vol. 2 p. 63)

Shaf’ee School

Mursal is considered dha’eef according to Imam Shaf’ee (RA), but when in a certain issue there is only a dha’eef hadith, he takes ruling from dha’eef hadith.  Imam Sakhawi (RA) relates this from reference to Mawardi in Fath al-Mugheeth (1:270)

Hanbali School

Ibn al-Bukhar Hanbali (RA) in Sharh al-Kawkab al-Muneer states a saying of Imam Ahmed (RA) that “I do not go against dha’eef hadith if there exists no other hadith conflicting it.”

In the famous Hanbali fiqh book al-Mughni of Ibn Qudama (RA) it is written, “The authenticity of a hadith is not a requisite in matters of Nawafil (dersirable acts) and Fadhail.

Ibn Qayim (RA) in A’lam al-Muq’een says that the forth principle in which Imam Ahmed (RA) based his fatawa on is, to accept mursal and dha’eef hadith in cases where there is no other hadith going against it.

Other Fuqaha

Hafidh Zahabi (RA) writes in Siyar A’lam al-Nubala that Imam Awza’ee (RA) used to derive rulings from maqtu’aat (the chain of narrations not intact) and from the maraseel of people of Shaam.

Hafidh ibn Mandah (RA) writes concerning Abu Dawood (RA) that he used to bring forth a dha’eef narration when no other hadith could be found in that chapter; because this is stronger then the analogies of men. (Tadreeb al-Rawee)

Zahiriya

Ibn Hazm Zahiri (RA), who sternness is well known, in Muhalla (3:61) brings the narration of Hasan bin Ali (Radhiyallahu Anhuma) pertaining to the recitation of Qunoot before ruk’oo.  He states that even though this hadith is not of such that ruling can be derived from it, but since there is no other narrations of Rasulullah (Sallalahu Alaihi Wasallam) on this issue could be found, this narration was accepted.

As for accepting the statement of Sahaba, Imam Abu Hanifa (RA) says,

ما جاء عن النبي - صلى الله عليه وسلم - فعلى الرأس والعين ، وما جاء من الصحابة نختار منهم ، وما جاء عن التابعين فهم رجال ونحن رجال (عرف الشذى للكشميرى)

That which has come from the Nabi (Sallalahu Alaihi Wasallam), we take with utmost respect.  That which has come from the Sahaba (Radhiyallahu Anhum) we will choose from it.  That which has come from the Ta’been, then they are men and we are men. (Imam Abu Hanifa was also a Ta’bee).

 Moreover, to derive fiqh from the Qur’an, hadith, statements of Shahaba and Ta’been is not the work of a layman, but one must be a mujtahid to derive fiqh.

 

Sources:

Fadhail A’mal par I’taradhat by Maulana Abdullah Maroofi

Al-Ajweeba al-Fadhila li al-Silsila al-Ashara al-Kamila of Maulana Abd al-Hay al-Lucknowi

Qawid fi Uloom al-Hadith of Maulana Zafar Ahmed al-Uthmani

And Allah knows best

Ehzaz Ajmeri,

Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

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