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How Medinan Practice Set Maliki Apart From the Other Schools

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How Medinan Practice Set Maliki Apart From the Other Schools

The doctrine that Medinan practice constitutes independent legal evidence became one of the clearest methodological lines separating Maliki jurisprudence from the Shafii, Hanafi and Hanbali schools that developed alongside it, each of which built its own hierarchy of sources privileging individually transmitted hadith and, in Hanafi and later Shafii method, analogical reasoning, over the custom of any single locality however historically significant. Mohammad Hashim Kamali's study of Islamic legal theory notes the doctrine provoked genuine debate among early jurists over what exactly Medinan practice was evidence of, whether it preserved a specific ruling traceable to the Prophet's own instruction, or only a general communal consensus that might itself contain later accretions, a question Maliki scholars answered differently across generations without abandoning the underlying principle. Wael Hallaq's work on the formation of Islamic legal method situates the debate within a larger argument about whether the classical schools ever fully closed off independent legal reasoning, since Maliki reliance on a living, geographically located practice rather than solely on fixed transmitted texts left the school's method more open, in Hallaq's reading, to incorporating ongoing communal custom than the more text-centered approaches its rival schools eventually favored.

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Source Principles of Islamic JurisprudenceMohammad Hashim Kamali
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Principles of Islamic Jurisprudence
Mohammad Hashim Kamali, Islamic Texts Society, 2003Kamali's Principles of Islamic Jurisprudence, on the debate over what Medinan practice constitutes evidence ofView the Source
Was the Gate of Ijtihad Closed?
Wael B. Hallaq, International Journal of Middle East Studies 16:1, 1984Hallaq's study, situating Maliki reliance on Medinan practice within debate over the closing of ijtihad
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