Is the practice of the people of Madinah in holding wedding feasts and some customs a valid proof?
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Fatwa number ( 5419 )
Q: We inform you that a Pakistani resident in al-Madinah al-Munawwarah lived there for a period of time, then went to his country, Pakistan , to get married. He held a ceremony that included beating drums, playing flutes, other fireworks, and forbidden singing. Some scholars there objected to him, but he claimed that this is lawful and free from blame, on the grounds that he had seen many of these practices being done in al-Madinah al-Munawwarah at wedding ceremonies, and he cited this practice as evidence for the permissibility of his action. He also said: The guardian of the bride has the right to take some money other than the mahr. What is the ruling on this in the Shari'ah? And is the practice of the people of Madinah or Makkah or the Arabs a valid proof?
A: First: The practice of the people of Madinah and their statements are not a valid proof by which the rulings of the Shari'ah are established in what you mentioned. The practice of the people of Makkah and the practice of the people of Kufah and other countries are also not a valid proof by which the rulings are established. The valid proof is always in the Book, the Sunnah, and the consensus of the mujtahids among the scholars of this Ummah. If it is established, it is obligatory to act upon it. Second: It is permissible for him to take money from his daughter's husband after the marriage contract, other than her mahr, with his consent and willingly.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: We inform you that a Pakistani resident in al-Madinah al-Munawwarah lived there for a period of time, then went to his country, Pakistan , to get married. He held a ceremony that included beating drums, playing flutes, other fireworks, and forbidden singing. Some scholars there objected to him, but he claimed that this is lawful and free from blame, on the grounds that he had seen many of these practices being done in al-Madinah al-Munawwarah at wedding ceremonies, and he cited this practice as evidence for the permissibility of his action. He also said: The guardian of the bride has the right to take some money other than the mahr. What is the ruling on this in the Shari'ah? And is the practice of the people of Madinah or Makkah or the Arabs a valid proof?
A: First: The practice of the people of Madinah and their statements are not a valid proof by which the rulings of the Shari'ah are established in what you mentioned. The practice of the people of Makkah and the practice of the people of Kufah and other countries are also not a valid proof by which the rulings are established. The valid proof is always in the Book, the Sunnah, and the consensus of the mujtahids among the scholars of this Ummah. If it is established, it is obligatory to act upon it. Second: It is permissible for him to take money from his daughter's husband after the marriage contract, other than her mahr, with his consent and willingly.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.