عمل أهل المدينة ومراتبه عند الأصوليين - دراسة أصولية الباحث إدريس محمد الأنصاري

Abstract This research addresses the legal authority (ḥujjiyyah) of the "Practice of the People of Medina" (ʿAmal Ahl al-Madīnah) as a foundational legislative principle in the Maliki school of jurisprudence. It reviews the juristic definitions of this concept and the ranks of Medinan Consensus (al-Ijmāʿ al-Madanī), while clarifying scholarly views regarding the extent of its binding authority. The study also highlights the terminology employed by Imam Malik in his Muwaṭṭaʾ to refer to this principle, affirming that reliance upon it was a prevalent practice among the Companions (Ṣaḥābah) and Successors (Tābiʿūn) prior to the codification of the legal schools. The researcher adopted the inductive-analytical method. The study comprises an introduction, a preamble, two sections, and a conclusion addressing the most significant findings and recommendations, among them: the considerable scholarly attention given to the practice of the people of Medina; that what is meant by "the practice of the people of Medina" is that upon which the majority of scholars and eminent jurists of Medina concurred during a specific period, whether its basis was transmission (naql) or independent legal reasoning (ijtihād); and that the claim made by those who assert that Imam Malik regarded the practice of the people of Medina as (formal) consensus (ijmāʿ) is inaccurate, noting further that certain scholars preceded Malik in citing the practice of the people of Medina as legal evidence. Keywords: Practice of the People of Medina (ʿAmal Ahl al-Madīnah) – Medinan Consensus – Maliki School.

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