Usage for Dhaeef Hadith in Ruling Masail Ahkam Fiqh Scholars view

 The usage of dhaeef hadeeth in Ahkaam

 As far as using dhaeef hadceth in ahkaam shariah goes, from the practice of the majority of Fuqahaa and Muhaditheen, it is clear that it can be used. This is on condition that it is not extremely dhaeef. i.e. the chain has no narrator who was accused of lying.

1) If no other proof is found except a dhaeef hadeeth:

 The Hanafi school of thought

 a) Imaam Abu Hanifa R A has said "A dhaeef hadeeth narrated from Rasulullaah sallallahu alaihi wasallam  is better then qiyaas-Shaari anology. Qiyaas is not permissible when a dhaeef hadeeth IS present." ( 'AI-Muhalaa' of ibn" Hazum vol3 p161)

This means that if when only a dhaeef hadeeth is present, then instead of making qiyaas one will practice directly on the dhaeef hadeeth.

 i) The hadeeth where it is mentioned that laughing aloud in salaat nullifies wudhu is dhaeef according to all Muhaditheen, still Imaam Abu Hanifa placed it before qiyaas. (So laughing aloud in salaat nullifies wudhu)

 ii) The hadecth 'the maximum number of days for haidh is ten days" is also dhaeef according to all Muhaditheen, yet it is placed before qiyaas.

 iii) The hadeeth 'There is no mehr less than ten dirhams" is also dhaeef. nevertheless it is practiced upon instead of making qiyaas. ('A 'alaamul muwaqi'een' vol I p31-32)

 b) Muhaqiq Ibnul Humaam says "Istihbaabdesirable- can be substantiated from dhaeef but not from maudhoo" ('Fathull Qadeer' baabun nawaafil vol2 p139)

i) In 'Haashiyatut Tahtawi alal Maraaqiyul Falaah' etc six raqaats after Salaatul Maghrib (Salaatul awaabeen) has been written to be mustahab. The proof given is the hadeeth of Hadhrat Abu Hurairah R A "Whoever performs six raqaats after Maghrib without talking of any evil in between he will receive a reward equivalent to twelve years of i-baadat." Imaarn Tirmidhi narrated this from the chain of Umar bin Abi Khath'am saying this hadeeth of Abu Hurairah R A is ghareeb-rare, I only know it from zaid bin AI-Habbaab from Urnar bin Abi Kath'am. 1maam Bukhaari R A says that Umar is munkarul hadeeth-rejecter of hadith- and extremely dhaeef. Hafiz Dhahabi said in 'Meezaan', "He narrated a munkar hadeeth, "Whoever performs six raqaats after maghrib..... Abu Zur'ah said he is waahin-imaginative.

 ii) When burying a Muslim, while throwing sand to say on the first handful "minha khalaqna kum", " wa fieha nu eidukum" on the second and "wa minha nukhriju kum taaratan ukhraa" on the third was said to be mustahab (tahtawi p21O). The proof given, is the hadeeth of Haakim and Ahmed from Abu Umaamah R A when Nabi sallallahu alaihi wasallam  placed Hadhrat Ume Kulsoom R A in the qabar-gravethereafter Nabi  sallallahu alaihi wasallam; read "minha khalaq ... " and at the end read "bismiIlah, wa fie sabielillah ... ". This hadeeth is extremely dhaeef. Imaam Dhahabi said "it is waahin, because Ali bin zaid is matrook-Ieaves of narrators.

 The Maaliki school of thought

According to Imaam Maalik R A mursal i.e. munqat ahaadeeth-hadith when narrator is left out can be used as proof, which according to majority of muhaditheen is dhaeef. In one of the most reliable maaliki kitaabs 'Nashrul banood ala marrqus su'ood' it is written

 "One learns from Imaam Maalik's substantiation from mursal ahaadeeth that every munqat'ia and mu'adhal hadeeth is proof according to them, because these also fall under the category of mursal. ('At-Ta'areef bi owhaami min qasamas suna" ilas sahee wa dhaeef of Doctor Mahmood Saeed Mamdooh vol2 p63)

The Shaafie school of thought

a) According to Imaarn Shaafie R A a mursal hadeeth is dhaeef but if only that mursal hadeeth is found , it can be cited as proof. Hafiz Sakhaawi R A narrated this in 'Fathul Mugheeth' (vol I p270) on the authority of Maawardi.

b) Hafiz ibn Qayim R A has stated that according to Imaam Shaafie R A a dhaeef hadeeth will be considered before qiyaas.

i) Even though the hadeeth of 'Saydooj' is dhaeef he considered it before making qiyaas.

 ii) The hadeeth on the permissibility of  performing salaat, in the haram of Makkah,

during the makruh times is dhaeef yet it was given preference over qiyaas.

iii) According to one narration, Imaam Shaafie R A gave preference to the hadeeth "Whoever vomits or his nose bleeds, then perform wudhu and continue with your salat" over qiyaas, even though it is dhaeef.

 The Hambali school of thought

a) Iboul Najaar Hambali ~,; in 'Koukabul Muneer' narrated the viewpoint of Imaam Ahmed bin Hambal ~,; "I will not discard a dhaeef hadeeth if there is no proof to oppose it"

 b) Hafiz Harwie R A narraled from Abdullaah bin Ahmed in 'Dhamul kalaam' "I enquired from my father, a certain person has a mas'ala, in the city there is a muhadith who is dhaeef (in one narration it comes, who cannot distinguish between dhaeef and strong ahaadeeth) and a faqeeh, who has a sound opinion and makes qiyaas. Who should he ask? He replied "Do not ask the one who rules on his opinion because a dhaeef hadeeth is better then a strong opinion" ('Dhamul kalalaam' vol2 p I79-180)

 c) Ibn Qudaamah has written in 'Ar-Mughni', a reputable kitaab in hambali fiqh, "it is not a condition for the hadeeth to be sahee in nawaafil and fazaail". He has also written under the mas' ala of silting with 'ihtibaa' during the khutbah that is permissible. as it is nanated from a few sahabah R A but it is better not to do it as it is narrated that Rasulullaah sallallahu alaihi wasallam forbade sitting like this in the khutbah. Even though the hadeeth is dhaeef it is better not to sit in this position.