Hadiths Not Practiced by the Salaf and the Jurisprudential Position on Their Evidence “Practical Samples”

Abstract

      The research aims to clarify the juristic position on the use of Hadiths that the predecessors did not implement in their rulings. It does so by addressing these Hadiths and the resulting legal implications, highlighting the difference between the practices of the predecessors and those that resemble them, such as the practices of the people of Medina and the opinions of the majority. Not everything mentioned by the jurists in their books necessitates adherence; indeed, they may have refrained from acting on some Hadiths for reasons that have been elaborated upon in their respective contexts. The research provides practical examples regarding the juristic stance on the Hadith prohibiting performing Wudu (ablution) less than three times, the Hadith allowing an increase in Wudu to the elbows, the Hadith permitting an increase in Tayammum (dry ablution) to the shoulders and armpits, the Hadith concerning eating after the second dawn for the fasting person, and the Hadith requiring testimony for the validity of divorce. The study recommends the need for a scientific project to collect and study the Hadiths that contain legal rulings not acted upon by the predecessors across various fields of Islamic jurisprudence.