Some contemporary scholars refer to the books of usul al-fiqh (the principles of jurisprudence) more than to the books of the early hadith scholars when it comes to the rules of al-jarh wa al-ta'dil (the critique and vindication of narrators)
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The questioner : Some contemporary scholars, regarding the rules of al-jarh wa al-ta'dil (the critique and vindication of narrators), refer to the books of usul (principles) more than to the books of the early hadith scholars. Is this correct?
The Shaykh : You mean the books of usul al-fiqh (the principles of jurisprudence).
The questioner: Yes.
The Shaykh : No, that is not acceptable. Usul al-fiqh (the principles of jurisprudence) allows arguing with a mursal (a report missing the Companion link) hadith.
Another questioner: Absolutely.
The Shaykh : And it allows arguing with a hadith from a trustworthy narrator that contradicts the reports of the trustworthy narrators, which is the shadhdh (an anomalous narration) hadith according to the hadith scholars.
The Shaykh : You mean the books of usul al-fiqh (the principles of jurisprudence).
The questioner: Yes.
The Shaykh : No, that is not acceptable. Usul al-fiqh (the principles of jurisprudence) allows arguing with a mursal (a report missing the Companion link) hadith.
Another questioner: Absolutely.
The Shaykh : And it allows arguing with a hadith from a trustworthy narrator that contradicts the reports of the trustworthy narrators, which is the shadhdh (an anomalous narration) hadith according to the hadith scholars.
Source
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