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Can Non-Mutawatir Sahih Hadith Serve A Normative Legal Function?
In Islamic legal theory, it is widely held that the Qur’an is the complete and final Book of Law, and that the Sunnah — understood as practices of the Prophet passed through ijma‘ and tawatur ‘amali — also constitutes a binding source of law.
However, there exist many sahih hadith that are not mutawātir, yet have historically served to define or supplement legal rulings — especially in matters where the Qur’an and Sunnah do not provide detailed guidance. Examples include:
The prohibition of marrying a woman and her maternal or paternal aunt together,
The specific inheritance share of the grandmother,
The legality or timing of abortion (e.g., based on hadith about ensoulment at 120 days).
These reports are not part of the mutawātir Sunnah, yet have been considered legally authoritative across madhhabs.
In such cases, can repeatedly authenticated (but non-mutawātir) hadith serve a normative legal role — as long as they do not contradict the Qur’an or the established Sunnah? Or should such hadith be viewed as advisory and explanatory only, without legal force?
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Can Non-Mutawatir Sahih Hadith Serve A Normative Legal Function?
updated 1 day, 6 hours ago
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It can only be used to support an application of an already established principle, not as a source of an independent directive.
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