Examples of Maliki positions that are based on the Amal Ahl al-Madinah

Examples of Maliki positions that are based on the Amal Ahl al-Madinah include some of the weights and measures (sa’ and mudd) used in Madinah for the collection of zakat; the wording of the adhan and iqamah for congregational prayers; the omission of the recitation of basmalah during congregational prayers; […]

Evident innovation in Madinah

Ibn Taimiyyah noted in his treatise on the Amal of Ahl al-Madinah that, “During the time of the three excellent generations, there was no evident innovation in Madinah at all and no innovation issued from it at all regarding the basic premises of the deen, such as emerged from all […]

The authority for Amal of Ahl al-Madinah

The authority for Amal of Ahl al-Madinah mainly derives from the following evidence: Qadi ‘Iyad mentions in his Masalik: “It is related that ‘Umar ibn al-Khattab, may Allah be pleased with him, once said on the mimbar, ‘By Allah, I will make things difficult for anyone who relates a hadith […]

Amal ahl al-Madinah constitutes a source of law in the absence of an explicit ruling in the Qur’an and Sunnah.

According to Muhammad Hashim Kamali, “Imam Malik has gone as far as to equate the amal ahl al-Madinah, that is the customary practice of the people of Madinah, with ijma’. This type of ‘amal (lit.’ practice’) constitutes a source of law in the absence of an explicit ruling in the […]

The standard practice of the people of Madinah

It constituted the living embodiment of the well-established Sunnah, and its authority rested on the fact that the greater body of jurists of Medina recognized its validity. Imam Malik therefore considered the standard practice of the people of Madinah to be more representative of the conduct of the Prophet ( […]

Amal Ahl al-Madinah

‘Amal Ahl al-Madinah refers to the tradition and praxis (‘amal) or consensus (ijma’) of the People of Madinah at the time of Imam Malik bin Anas (d.179 AH) and before. These practices are those that were common and known among the people of Madinah, which they had inherited from their […]

Scholars consider istishab to be a valid independent source of Shari’ah,

Imam Malik, Imam Ahmad bin Hanbal, most followers of the Shafi’i School and those of the Zahiri consider istishab to be a valid independent source of Shari’ah, Abu Hanifah and the majority of his followers did not consider it an independent source, asserting that just as there should be a […]

Sources of some legal maxims

These proofs and explanations have been the sources of some legal maxims such as: “The premise in all things is that of permissibility” (al-asl fi al-ashyah al-ibahah); “Certainty is not overruled by doubt” (al-yaqin la yazulu bi al-shakk); “The norm is that the status quo remains as it was before” […]

Principles of istishab

Example of principles based on istishab include the presumption of an action being permissible until proven prohibited; of innocence until proven guilty; of freedom from responsibility until proven otherwise; of duty until proven fulfilled; of purity until proven impure Jasser Auda, Maqasid al-Shariah as Philosophy of Islamic Law, IIIT, London, […]

None will enter Paradise except one who is a Jew or a Christian.’

“And they say, ‘None will enter Paradise except one who is a Jew or a Christian.’ That is (merely) their wishful thinking. Say, ‘Produce your proof, if you should be truthful.’” (Qur’an 2:111)

Istishab

Istishab is also proven by the fact that the Prophet (صلى الله عليه وسلم) asked those who were in doubt of the number of raka’at they had done in salat to assume the minimum number which they were certain about, and compensate by adding what was then missing. Sunan Abu […]

An example of istishab

An example of istishab which is also regarded as proof for its validity comes from the Prophet’s teaching of what to do when a person with ablution is in doubt of having spoilt his ablution by passing wind. The Prophet (صلى الله عليه وسلم) taught that such person’s ablution was […]

Among the major sins, is for a person to abuse his parents

The Prophet (p) said a person would indirectly be abusing his or her own parents. He said, “Among the major sins, is for a person to abuse his parents”. A companion said, ‘How would a man abuse (his parents)? the Prophet (p) said, “(It would be) by him abusing someone, […]

Invite to the way of your Lord

Allah says in the Qur’an, “Invite to the way of your Lord with wisdom and beautiful exhortation.(Qur’an16:125)

The fundamental principles of Islamic law

Usul al-Fiqh means “the fundamental principles of Islamic law.… (It) expounds principles and methodology by means of which rules of law and jurisprudence are inferred and extracted from their sources. Tariq Ramadan, Radical Reform: Islamic Ethics and Liberation, Oxford University Press, Oxford, 2009, p.360.

Usul al-fiqh – “Foundations” of Islamic Jurisprudences

usul al-fiqh is “roots” or “foundations” (usul) of Islamic jurisprudence and understanding (fiqh). It is the field that studies the proofs, bases, evidences (adillah) and sources of Islamic law