What is the practice of the people of Madinah, and what is its legislative value?
The scholars of Usul al-Fiqh (principles of Islamic jurisprudence) addressed the issue of the practice of the people of Medina as a jurisprudential principle upon which Imam Malik built his . He held that the consensus of the people of Medina is a hujjah (proof), while other imams disagreed with him on this point. Ibn Taymiyyah summarized the dispute on this issue, explaining that the discussion concerns their consensus during the most virtuous eras, but not thereafter. Ibn Taymiyyah divided the consensus of the people of Medina into four categories:
1. What is akin to transmission from the Prophet (peace be upon him), which is a hujjah by the agreement of scholars. 2. The ancient practice in Medina before the martyrdom of Uthman, which is a hujjah in the madhhab of Malik and Shafi'i, and the apparent view of Ahmad's madhhab. 3. If two proofs contradict each other and one of them is practiced by the people of Medina, there is a dispute here. Malik and Shafi'i prefer the practice of the people of Medina, while Abu Hanifa does not. 4. The later practice in Medina, which is the point of contention between the majority of scholars and Malik.
The jurisprudential impact of the disagreement on this issue is clear in many matters.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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