The legitimacy quests in ijtihad: Muadh hadith

There're several debates on the scope of the ijtihad term and the ijtihad which is a way of achieving determination in Islamic law. From the first companions to this century, people have come across the traces of that debate. However, the main point that the debate on jurisprudence comes up is the comparative theory offered as the use of re'y in ijtihad and legitimate way of ijtihad. As a result of that debate, canon law scholars defending that comparison is legitimate have tried to prove that their theory is legitimate by showing evidences from Kur'ân and sunnah. In this context, they also used the hadith transfered from Muadh b. Cebel as a proof. Even if the canon law scholars using hadith as a proof accept that this hadith is convenient to be proof, there're critiques of hadith scholars about the muniment of hadith. Even if being unknown of Ashab-ı Muadh and Haris b. Amr takes part in muniment of hadith scholars is seen weak due to the disconnection in hadith sanad, canon law scholars claim that this rumor is acceptable. Canon law scholars using Muadh hadith as an evidence answered to the critiques of hadith scholars. At the beginning of these responses, there comes the assertion that the text of the hadith was accepted (telakki bi'l kabul). In this study, Muadh was examined and sturdiness was detected in terms of muniment of hadith and text. Furthermore, it's detected that canon law scholars used this hadith as an evidence in some topics. At the end of this study, even if Muadh hadith is a weak hadith in terms of muniment, its acceptence comes up because there're news that support its text.