Can Weak Hadith Be Used to Derive Legal Rulings in Islam?

Answered by Shaykh Dr. Muhammad Abu Bakr Badhib

Question

Can a weak (da‘if) hadith be used to derive legal rulings in Islamic jurisprudence? If so, when?

Answer

In the name of Allah, and all praise is due to Allah, and blessings and peace be upon our master Muhammad, the Messenger of Allah, his Family, his Companions, and those who follow him.

Sunna

It is well-established that the Prophetic Sunna is the second source of legislation in Islam, encompassing the sayings, actions, and both physical and moral descriptions of the Prophet (Allah bless him and give him peace). Allah (Most High) says:

“Whatever the Messenger gives you, take it. And whatever he forbids you from, leave it.” [Quran, 59:7]

The core of the Sunna is the Prophetic hadith, which are of varying degrees. Among them is the mutawatir (mass-transmitted) category, which is very rare, and then there are sahih (authentic), hasan (good), and da‘if (weak) hadiths. There are also fabricated (mawdu‘) hadiths that are forbidden to be narrated, except to warn against them or to explain their status.

It is also known that legal rulings (ahkam) are only established and substantiated by sahih or hasan hadiths. A weak hadith does not establish legal rulings. This is the standard, relied-upon, and practiced rule. The question raised by the inquirer about the presence of weak hadiths in some books of jurisprudence is pertinent and indicates insight and attentiveness.

Reasons

The answer to this question lies in understanding the reasons why weak hadiths appear in books of jurisprudence. These reasons are the results of deep and extensive scholarly research, and they can be summarized as follows:

Difference of Opinion in Authenticating Hadiths

Scholars may differ on whether a hadith is authentic or weak because the processes of authentication (tashih) and declaring a hadith weak (tad‘if) involve scholarly judgment (ijtihad). A hadith may be considered authentic by one scholar but weak by another. Scholars also vary in their approaches—some are more stringent, others more lenient, and some moderate.

These differences in ruling on a hadith are based on their differing principles in authentication and weakening, which involve evaluating the reliability and precision of the narrators, the continuity of the chain, and whether there are any hidden defects or anomalies in the text or chain of the hadith.

Moreover, the perspective of a jurist toward a hadith is different from that of a hadith specialist (muhaddith).

Types of Weak Hadiths

A weak hadith is not a single category. For instance, the mursal hadith (a hadith missing a link between the successor and the Prophet) is considered reliable by some jurists, rejected by others, and selectively accepted by some, like Imam Shafi‘i, who accepted the mursal reports of some successors but not others.

Using Weak Hadiths as Secondary Evidence

Sometimes a jurist may cite a weak hadith as supplementary evidence (isti’nas), not as primary evidence (ihtijaj), or he may mention it due to its widespread acceptance or because it was acted upon by a group of scholars.

Alternatively, it may be supported by a companion’s legal opinion (fatwa), a sound analogy (qiyas), or other accepted forms of evidence used by some jurists.

Absence of Strong Opposing Evidence

A weak hadith may be cited when there is no opposing evidence from the Quran, an authentic hadith, or scholarly consensus (ijma‘).

Moderate Weakness

The weakness of the hadith should not be severe. If a hadith’s weakness is extreme, reducing it to the level of “rejected” (munkar), “very weak” (waahi), or “fabricated” (mawdu‘), it is not to be used.

Jurist’s Lack of Expertise in Hadith Classification

This is rare but possible. A jurist may not have expertise in hadith classification and may not distinguish between authentic and weak hadiths, thus including a weak hadith in his work, believing it to be valid.

Alternatively, he may be following a previous jurist who included the hadith, and so he follows suit out of adherence and good faith.

Summary

The presence of weak hadiths in some books by scholars does not mean that they are automatically disregarded, nor should it lead us to assume negative things about the authors. Rather, one should have respect for the early scholars who authored beneficial works and benefit from them as much as possible while continuing to seek knowledge, specialize in the field, and understand the methodologies of these scholars.

This way, one avoids condemning what one does not fully understand and refrains from diminishing the rights of scholars or belittling their rank.

This is a summary that I have been able to compile. For further knowledge and benefit, one may refer to specialized books and research dedicated to this topic, like:

• “Al-Hadith al-Da‘if wa Atharuhu fi al-Ahkam” by ‘Aydarus;
• “Al-Hadith al-Da‘if wa Hukm al-Ihtijaj bih” by Khudayr;
• “Tahqiq al-Qawl bi al-‘Amal bi al-Hadith al-Da‘if” by ‘Uthaym;
• “Khuturat Musawat al-Hadith al-Da‘if bi al-Mawdu‘” by ‘Azzami.

And Allah is the One who grants success and guidance to the straight path.

[Shaykh] Dr. Muhammad Abu Bakr Badhib