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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is the practice of the people of Madinah a proof, even if it contradicts the Sunnah?

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The Shaykh : The brother asks that some scholars say that the practice of the people of Madinah is a proof, even if it contradicts the Sunnah and the authentic hadith.
We say, no. Because the people of Madinah, despite their virtue and their proximity to the era of their Prophet (peace and blessings be upon him), are not all the Muslims. They are a group of Muslims. And the verse, as you heard, does not specify; it says
and follows other than the way of the believers ويتبع غير سبيل المؤمنين
[An-Nisa 4:115]
It does not say to follow the way of the non-Madinans, nor the Makkans, nor the Kufans, but rather it says the way of the believers. Especially when the question is directed at a case where the practice of the people of Madinah contradicts a Prophetic hadith. How, in that case, do we reverse the issue? And you have heard that Allah the Exalted commanded us to follow the Messenger (peace and blessings be upon him) just as He commanded us to follow the Qur'an. So we say, no, we do not follow the authentic hadith if it is contradicted by the practice of the people of Madinah, but rather we follow the practice of the people of Madinah even if it contradicts the authentic hadith. This has been said by some scholars, meaning acting according to what the people of Madinah were upon, even if it contradicts the authentic hadith. Some scholars have said this. But in reality, this is among the opinions in which scholars have disagreed. For example, Imam Malik is the only one who adopted this view... It is reported from him that it is obligatory to act according to what the people of Madinah were upon, even if that contradicts the authentic hadith. But we have other scholars who are in the weight of Malik in knowledge, sincerity, asceticism, piety, and other such noble qualities. They said, no, the practice of a group, or a community, or the people of a town in the lands of Islam is not a proof against the Book and the Sunnah. Rather, the proof is the Book and the Sunnah. As for when the Muslims agree, whether they are from Madinah, Makkah, Kufa, Basra, and so on, on something, then here the proof applies. But as for a group among them, if someone were to say, "No, I say that what the people of Makkah agreed upon is the proof," this would be a cause of disagreement and conflict among the Muslims. And here comes the verse I have mentioned more than once, which is His saying, Blessed and Exalted is He:
And if you disagree over anything, refer it to Allah and the Messenger فإن تنازعتم في شيء فردّوه إلى الله والرسول
[An-Nisa 4:59]
So now we are in disagreement over this issue, may Allah forbid. Is the practice of the people of Madinah a proof or not? Malik said it is a proof. Abu Hanifah said, Al-Shafi'i said, Ahmad said it is not a proof. Rather, the proof is the Book and the Sunnah and the way of all the believers, without specifying a group or preferring one group over another. Also, what weakens and undermines the argument for the practice of the people of Madinah is that it raises the previous problem we quoted from some scholars of usul al-fiqh (principles of jurisprudence). They described ijma' (scholarly consensus) as the consensus of the Ummah of Muhammad (peace and blessings be upon him). Then some of them conceded from this definition to a narrower definition and said, "The consensus of the scholars of the Muslims in all parts of the world." Now we say, "The consensus of the people of Madinah." How can the consensus of the people of Madinah be known, when we said earlier that there may be scholars who contradict the prevailing opinion in Madinah because they are obscure scholars, not famous ones? So it is not possible to know the practice of the people of Madinah one hundred percent. It is possible to know the practice of the majority of the scholars of Madinah, but knowing the opinion of every scholar of the people of Madinah is not possible, especially regarding that time when means of communication with individuals were not as available as they are today. Therefore, the majority of Muslim scholars are of the opinion that the practice of the people of Madinah is not used as a proof, except in one case: where there is no hadith contradicting them, and there are no other Muslim scholars in Makkah, Kufa, or Basra contradicting them. Undoubtedly, in that case, the matter falls within the way of the believers. But assuming the matter as it came in the question, where the practice of the people of Madinah is on one thing and the hadith of the Messenger (peace and blessings be upon him) is on another, we do not act according to the hadith but according to the practice of the people of Madinah. This is contrary to all the texts that have been presented and explained previously. Please.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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