Explaining Ijtihad

Linguistically, Ijtihad is derived from the root word 'Jahad' which means 'to strive, labor, toil, or exert one's power, efforts, or ability'. So ijtihad literally means striving or exerting oneself to the utmost of one's power, efforts, or ability in pursuing a matter.

Technically, Ijtihad refers to the utmost effort made by Islamic scholars to determine a ruling of Sharia based on evidence from the Quran, Sunnah, and ijma (consensus) of the Muslim community. It is one of the sources used to derive Islamic rulings when an issue is not directly addressed in the nusus (primary sources of Islamic law - the Quran and the Sunnah). Ijtihad is an important tool that allows Islamic law to be applied to new situations and contexts.

For example, if someone asks a mujtahid, "Is it okay to smoke cigarettes?" the mujtahid would think carefully about the benefits and risks of smoking. They would consider the principles of Islam, such as the importance of preserving health and avoiding harmful substances for making a decision.

Types of Ijtihad

There are several types or forms of ijtihad:

  1. Amal Ahl al-Madina (Practice of the People of Medina): This is specific to the Maliki school of thought, which gives special consideration to the consensus and practices of the people of Medina as a source of legal rulings.
  2. Istihsan: Generally refers to the act of replacing one legal ruling with another that is deemed more applicable to the specific circumstances at hand. This prioritization of one ruling over another must be justified by reference to one of the authoritative sources of evidence: the Qur'an, the Sunnah, or Consensus (ijmaa).
  3. Qiyas (Analogical Reasoning): This involves extending a Sharia ruling from an original case to a new case based on a common underlying reason or similarity between the two cases.
  4. Sadd al-Zaraai (Blocking of means): (سد الذرائع) literally means "blocking the means" or "closing the gates to evil." It is a preventive measure used to prohibit actions that are originally permissible but may lead to something forbidden.
  5. Qawl al-Sahabi (Opinion of a Companion): This refers to considering the opinions or rulings of the companions of the Prophet Muhammad as a source of legal reasoning.
  6. Urf: The established customs, practices, and norms within a community or society, as long as they do not conflict with the teachings of the Quran and Sunnah.
  7. Istislah (or Musalih Mursalah) (Public Interest): This involves considering the general welfare and interests of the community when deriving rulings, especially in cases not explicitly addressed by primary sources.
  8. Istishaab: This principle assumes the continuity of a previous ruling or state until there's evidence to prove otherwise. It's like presuming that a previously known state of affairs continues to exist.

Amal Ahl al-Madina (Practice of the People of Medina)

Amal literally means “action” and refers to the agreed-upon practice of the people of Madeenah. So Amal may include the sunnah of the Prophet, and also the ijtihad, or individual judgement of later authorities. 

Amal Ahl al-Madina means "the practice of the people of Medina," refers to the consensus or established practices of the scholars and inhabitants of Medina. This concept holds a special place in Fiqh, particularly within the Maliki school of thought. However, it has also been a subject of debate and criticism among Islamic scholars throughout history.

Amal Ahl al-Madeenah is Hujjah in Madhab of Imam Malik. It may also go against established Saheeh Hadith of Prophet

Origins and Significance

The concept of Amal Ahlul Madeena gained prominence through Imam Malik ibn Anas, the founder of the Maliki school of jurisprudence. Imam Malik, who was based in Medina, considered the practices of the city's inhabitants to be a valuable source of Islamic law. The rationale behind this was that Medina was the city where Prophet Muhammad spent the latter part of his life, where much of the Quran was revealed, and where many of the early companions of the Prophet lived and taught.

Imam Malik's Perspective

Imam Malik gave special consideration to Amal Ahlul Madina due to several reasons:

  1. Proximity to Revelation: The people of Madina lived in close proximity to the Prophet, and many of them were direct witnesses to the revelation and its application. They observed the Prophet's actions and decisions firsthand.
  2. Consensus of the Companions: The consensus (Ijma) of the companions of the Prophet who resided in Madina is highly valued. Their collective agreement on various matters is seen as an extension of the prophetic tradition.
  3. Transmission of Knowledge: The transmission of knowledge from the Prophet to the companions, and then to the next generation, was particularly robust in Madina. This continuous chain of knowledge is believed to preserve the authenticity of the practices.

In a letter attributed to Imam Malik, addressed to his contemporary scholar Laith ibn Sa'd, he emphasizes the importance of following the practices of the people of Medina. Malik argues that because the Prophet migrated to Medina, lived among its people, and the Quran was revealed there, the practices of Medina's inhabitants should be given special consideration in deriving Islamic rulings. The letter goes like this:

From Malik bin Anas to al-Layth bin Saad 

Assalamualaikum,

I praise before you Allah beyond Whom there exists no deity. After this, may Allah bestow upon us and you safeguarding through obedience to Him openly and secretly.

May He bestow upon us and you complete forgiveness for every impermissible matter.

Know, may Allah have His mercy upon you, that I have come to know that you, al-Layth bin Saad, are issuing religious rulings (fatwas) to the public that deviate from the consensus upheld by us (the jurists of Madeenah) and the inhabitants of this city (Madeenah). You hold the esteemed position of guardian (Ameen) and possess superior station in your city. Individuals seek your guidance with their inquiries, placing full faith in your words. It is obligatory for you to have fear in your heart and you must follow the path which relieves you of burden in the hereafter.

Allah says in Quran: The first of Muhajireen and Ansar are the forerunners (of Islam) (Quran 9:101). He (Allah) also said, ‘So give glad tidings to the slave who listen to the speech and follows that which is best (Quran 39:17-18).

Therefore, people should follow the exemplary conduct of the inhabitants of Madinah. It was to Madinah that the Prophet's migration (ﷺ) took place; the Qur’an was revealed there, defining what is permissible and what is forbidden. The Prophet (ﷺ) resided among them, and they witnessed the descent of Revelation. He guided them, and they faithfully followed him until Allah honored him with his divine presence. May Allah's peace, blessings, and mercy be upon him. Subsequently, individuals from his community who closely adhered to his teachings assumed leadership roles. They acted upon the knowledge bestowed upon them, sought counsel when unsure, and based their decisions on the most robust evidence available, given their proximity to the Prophet's era. If someone presented a more compelling argument, they would willingly change their opinion. The generation that followed, known as the Taabieen, continued this legacy. If a particular practice was predominantly observed in Madinah, I [Imam Malik] believe no one should oppose it. This is due to the distinct heritage and circumstances unique to Madinah, which no other place can rightfully claim. If another city asserted that a specific practice originated there, they could not confidently argue its authenticity or precedence over the Madinah tradition.

 (Tarteeb al-Madaarik by al-Qaadi Iyaad, 1/10)

Criticisms of Amal Ahl al-Madina

Despite Imam Malik's stance, the concept of Amal Ahlul Madeena has faced significant criticism from other prominent scholars:

1) Laith ibn Sa'd's Response

In his reply to Imam Malik, Laith ibn Sa'd pointed out that many companions of the Prophet had left Medina and settled in other cities, spreading their knowledge throughout the Muslim world. He argued that the practices of these companions in other regions should be equally valid.

Layth starts to outline his main disagreements with Malik's viewpoints in his reply to Imam Malik. 

Layth wrote: “But many of these same companions who were among the first to embrace Islam left (Madeenah) to perform Jihad in the path of Allah and his Deen seeking his pleasure. They put armies together and people gathered together around them. They made the book of Allah and Sunnah of his prophet well known not concealing from them anything of which they had knowledge. In every one of their armies there was a special group who taught book of Allah and Sunnah of his Prophet (ﷺ) and who performed Ijtihad on the basis of personal opinion regarding those matters which Quran and Sunnah had not made clear to them. Abu Bakr, Umar and Uthman whom all Muslims chose to be their leaders preceded them in doing this. Nor was it like these three to neglect or be heedless of the affairs of Muslim armies, on the contrary, they used to write to them about the slightest thing in order to see to it that the religion was established properly and to take precautions against differences developing around the book of Allah and Sunnah of his prophet. Thus they set aside no matter which the Quran had made clear or which had been action of Prophet (ﷺ), or regarding which they had consulted together after he had gone, without teaching them to their (armies).”

“Therefore, when considering actions undertaken by the companions in regions like Egypt, Syria, or Iraq during the reigns of Caliphs Abu Bakr, Umar, and Uthman—which they continued until their demise, without any contrary directives from the caliphs—I believe it would not be permissible for present Muslim armies to introduce practices that diverge from those of the Prophet's (ﷺ) companions. This holds true even though the companions of Allah's messenger (ﷺ) held differing opinions on various matters after his passing. If I weren't already aware of your familiarity with these disagreements, I would detail them for you. Additionally, successors like Said bin Al-Musayyib and others of his caliber also held contrasting views on certain issues after the original companions of Allah's messenger (ﷺ)  had passed away.”

As Layth proceeds with his letter, he defends his divergence from the practices of Amal Ahl al-Madeenah by highlighting to Malik that Rabiah and al-Zuhri, who were esteemed scholars of Madeenah and Malik's own teachers, were recognized for their disagreements with Amal Ahl al-Madeenah. Layth emphasizes that Rabiah frequently expressed disagreements with certain aspects of Amal Ahl al-Madeenah to such an extent that it drew criticism from other leading jurists of Madeenah.

(For details refer to Alam al-Muwaqieen of Ibn Al-Qayyim 3/96-100)

2) Abu Yusuf's Critique

Abu Yusuf, a leading scholar of the Hanafi school, and a student of Imam Abu Hanifa argued that the origin of these practices was ambiguous and their consistency could not be confirmed. He suggested that some practices might have originated from market supervisors or regional governors rather than authentic Islamic teachings.

Abu Yusuf Yaqub bin Ibrahim argues that the origins of Amal are ambiguous, and its consistency cannot be confirmed. 

He states, "Individuals from Hijaz provide specific judgments, and when questioned about their source, they simply respond, 'This has been passed down to us as Sunnah.' However, this might merely be a directive issued by a market supervisor or a decision made by a regional governor." (Ar-Radd ala Siyar al-Awzai  p11)

3) Imam Al-Shafi'i's Refutation

Imam Al-Shafi'i wrote extensively against this concept in his book "Ikhtilaf Malik." He questioned the definition of "people of Medina" and argued that one couldn't produce a single ruling on which all known scholars of Medina agreed while scholars from other cities disagreed.

For example, at one point he says: “Thus, you have said that they (Ahl al-Madeenah) reached ijmaa, but you have not transmitted the opinion you are holding from single Imam. I don’t know who constitutes the “people” (an-Naas) for you.” (Ikhtilaaf Malik p 202-203)

Later he says: “ So who is it that reached ijmaa on setting aside the Sunnah and following something contrary to Umar? Would that I knew just who these “makers of consensus” (of Ahl al Madeenah) were..” (Ikhtilaaf Malik p 232)

4) Ibn Hazm's Criticism

Imam Ibn Hazm refutes this principle in his various works. He wrote about it extensively in his book on Usool ul-Fiqh “Ihkaam fee Usool al-Ahkaam” and called it corruption (Fasaad).He writes in al-Nubdha al-kafiya fee usool aḥkam al-deen,

“As for those who say that Ijmaa (consensus) is the Ijmaa of Ahl al-Madeenah (the people of Madeenah), due to their virtues, and because its people witnessed the descending of revelation, this is mistaken for a number of reasons.

First: It is a statement without proof.

Second: The virtue of Madeenah remains as it was. The majority of its people today are grave sinners, even disbelievers, the extreme Rawafidh. And our position, To Allah we belong and to Him we shall return, is in accordance with this.

Third: those who witnessed the revelation were none other than Sahabah (the Companions), may Allah be pleased with them, not those people of Madeenah who came after them. The Tabioon (Sucessors) who came after (Sahabah) in every city received their knowledge from the Sahabah.

Fourth: Every difference of opinion (Khilaf) that exists among the Ummah exists in Madeenah, as we have previously written. All praise due to Allah, the Exalted.

Fifth: The Caliphs (Khulafa) who were in Madeenah did one of two things, there is no third possibility. Either they explained the rulings of Deen (religion) to the people of the cities among their subjects, or they did not explain the religion to them. The people of Madeenah and others are equal in this. If they did not explain it to them, this is a characteristic of evil [the like of ] which Allah the Exalted protected them. Therefore, these people’s opinion is falsehood with certainty.

Sixth: Some of the later ones have said this in blindly following (Taqleed) Malik bin Anas, rather than to all of the scholars of Madeenah. They cannot produce a single ruling on which all of the known Fuqaha (jurists) of Madeenah from the Sahabah and Tabieen agree, while the (scholars of) the rest of the cities disagree.

Seventh: They have disagreed with the consensus of the people of Madeenah on the lease contact, and on other matters, as we have mentioned. 

(al-Nubdha al-kafiya fee usool aḥkam al-deen p 23-25)

Rejection of Authentic Hadiths in favor of Amal Ahl al-Madina

One of the most controversial aspects of adhering strictly to Amal Ahlul Madeena is the potential rejection of authentic hadiths if they contradict the established practices of Medina. This approach has been criticized by scholars like Imam Al-Shafi'i and Ibn Hazm, who argue that authentic hadiths should take precedence over regional practices.

For example, There is a sahih hadith in Sahih Muslim where Abdullah ibn Abbas reported that the Prophet Muhammad prohibited eating all fanged beasts of prey and all birds with talons.

However, in the Maliki text "Al-Kafi Fi Fiqh Al-Madina," it states that Malik considered all birds halal to eat, regardless of whether they are birds of prey or have talons. This ruling is justified by citing that it's supported by the Amal Ahlul Madina.

This example shows a direct contradiction between an authentic hadith and a ruling based on Amal Ahlul Madina, with the Maliki position favoring the latter over the former.

Imam ash-Shafi refuted position of Malikiyyah on rejecting Khabar al-infiraad. He contends that such claims of consensus are the way of those who reject Hadith altogether. The difference is that they lay claim to Ijmaa al-Naas (consensus of all people) while people of Madeenah lay claim to the Ijmaa of their own city. 

(Ikhtilaaf Malik p 260-261)

Imam Ibn Hazm wrote extensively refuting them on this in al-Ihkaam fee Usool al-Ahkaam

Example of Malikis rejecting Saheeh Hadith against Amal Ahl al-Madina


Ibn Abbas reported that Allah's Messenger ﷺ  prohibited the eating of all fanged beasts of prey, and all the birds having talons. (Saheeh Muslim 1934)

Malik says that there is no harm in eating any birds, whether they are birds of prey or not, those which eat carrion or not, and whether they are with or without talons. (Kitab al-Kafi fee Fiqh al-Madeenah 1/437)

This is because eating them is supported by Amal Ahl al-Madeenah.

The Position of Ibn Taymiyyah

Ibn Taymiyyah classified consensus of Ahl al-Madeenah into four levels:

First level: It is that consensus of Ahl al-Madeenah which is in accordance with authentic Hadith and statements of companions. This is Hujjah (proof) without doubt. 

Second level: The consensus of Ahl al-Madeenah before killing of Uthman (May Allah be pleased with him). This proof according to Malik, Shafiee and also Imam Ahmad. Based on Hadith “You must adhere to my Sunnah and the Sunnah of the righteous, guided successors. Hold firmly to it as if biting with your molar teeth. Beware of newly invented matters in religion” 

Third level: If there is a conflict in two evidences, like two Hadith contradicting each other or two different contradictory Qiyas on an issue. Imam Malik and Imam ash-Shafi prefer that evidence which is backed by Amal ahl- al-Madeenah. 

Fourth level: It is Amal of later ones from Ahl al-Madeenah, Is it a legally binding proof that requires adherence? The prominent scholars, including Ash-Shafi’i, Ahmad, Abu Hanifa, and several others, as well as the perspective of the Muhaqqieen of Malik’s companions, is that it does not serve as a definitive legal proof. ( Majmoo‘ al-Fataawa, 20/294)

Ibn Taymiyyah said: “The practices followed by the people of Madinah, based on their transmitted narrations, are considered valid evidence according to the unanimous agreement of the Muslim community. This is illustrated in an interaction between Maalik and Abu Yoosuf regarding the measurement units, saa‘ and mudd. Maalik directed the people of Madinah to showcase their saa‘s, and upon their explanation rooted in ancestral teachings, Maalik questioned Abu Yoosuf if he believed they were being deceitful. Abu Yoosuf confirmed their honesty, indicating that their practices were genuine and trustworthy.”

( Majmoo‘ al-Fataawa, 20/306)

Example of Valid Usage of Amal Ahl al-Madina


Understanding the Saa for Sadaqatul Fitr

Ibn Taymiyyah's position on the issue of measuring the saa' for sadaqah al-fitr (zakat al-fitr) as an example of when the practice of the people of Madina (Amal Ahl Madina) can be considered valid evidence. Here's a detailed explanation of this point:

  1. Context of the Issue: Saa', is a unit of volume used in determining the amount of food to be given as zakat al-fitr. The Prophet Muhammad instructed that zakat al-fitr should be given as one saa' of various food items like dates or barley.
  2. The Problem of Measurement: The question arises: How exactly should we measure a saa'? This is where the practice of the people of Medina becomes relevant.
  3. Ibn Taymiyyah's Position: Ibn Taymiyyah considers the Madani practice regarding the measurement of saa' as valid evidence. His reasoning is:

    a) Continuous Transmission: The people of Medina had been using a particular measure for the saa' that was transmitted from their predecessors (salaf).

    b) Direct Link to the Prophet's Time: This measurement practice can be traced back to the time of the Prophet and his companions.

    c) Practical Preservation: The actual vessel or measurement tool used for saa' was preserved and passed down through generations in Medina.
  4. Acceptance by Other Scholars: Even Abu Yusuf, a prominent Hanafi scholar who generally rejected the concept of Amal Ahl Madina as authoritative, accepted this particular practice regarding the measurement of saa'.
  5. Reasoning Behind Acceptance: This acceptance is based on the idea that the people of Medina had directly inherited this practice from the time of the Prophet. It's not merely a later development or interpretation, but a continuous, unbroken practice directly linked to the Prophet's era.
  6. Distinction from Other Amal Ahl Madina Issues: This case is distinguished from other instances of Amal Ahl Madina because:
    • It's based on a physical, tangible practice (the actual measurement).
    • It's directly related to implementing a specific prophetic instruction.
    • There's a clear, unbroken chain of transmission of this practice.
  7. Practical Implications: Accepting this Madani practice provides a practical solution to the question of how to measure a saa' accurately in modern times, ensuring that zakat al-fitr is given in the correct amount as intended by the Prophet.

Futility of the argument that Salaf acted against this “particular Hadith” so it is not “proof”

The argument that the Salaf (early generations of Muslims) acted against a particular hadith, thus rendering it not a proof, is considered futile and weak. Here are some key points to understand this argument's futility:

1) Hadith as Self-Sufficient Proof

Imam Shafi'i, as mentioned in his book "Ar-Risala," asserts that a hadith is a proof in itself. This means that an authentic hadith doesn't require additional validation from the actions of the Salaf to be considered authoritative.

2) Example of Contradictory Actions

Case of Ikrimah and Abu Huraira:

Imam al-Bukhari brings in his Saheeh no.788

Narrated Ikrima: I prayed behind a Sheikh at Makkah and he said twenty two Takbirs (during the prayer). I told Ibn Abbas that he (i.e. that Sheikh) was foolish. Ibn Abbas admonished me and said, "This is the Sunnah of Abul-Qasim."

This is an example where Ikrimah reported praying behind a sheikh in Mecca who performed 22 takbeers in Salah. This sheikh was identified as Abu Huraira. When Ikrimah mentioned this to Ibn Abbas and called the sheikh foolish, Ibn Abbas admonished him and stated that this practice was the Sunnah of the Prophet Muhammad (peace be upon him). This shows that the practice was authentic despite being unfamiliar to the people of Hijaz at that time. This illustrates that the actions of people, even in regions where revelation occurred, do not necessarily invalidate the authenticity of a hadith​​.

3) Rejecting Actions Against Hadith

When there is a conflict between a hadith and the actions of the Salaf, the hadith takes precedence. The argument that the Salaf’s actions against a hadith invalidate it is flawed because the hadith's authenticity is not dependent on their actions. Authentic hadiths are meant to be followed even if some early Muslims acted differently

  • Actions of Some vs. Authentic Hadith: The example demonstrates that the actions of some people, or even the general practice in a region (including places of religious significance), are not necessarily a binding proof if they contradict an authentic hadith.
  • Primacy of the Prophet's Sunnah: The binding proof is the Sunnah of the Messenger of Allah, which is authentically established, not necessarily what became common practice among some groups of the Salaf.
  • Potential Reasons for Discrepancy: There could be various reasons why some of the Salaf might have acted differently from a particular hadith:They might not have been aware of the hadith.There might have been a misunderstanding or misapplication of the hadith.There could have been specific circumstances that led to a different practice.

Conclusion

  1. If the Amal Ahl al-Madeenah is supported by authentic Hadith, it is binding proof.  
  2. If the Amal Ahl al-Madeenah is against authentic Hadith, it is baseless and it is of no value. 
  3. If the consensus of Ahl al-Madeenah is before killing of Uthman (May Allah be pleased with him) and is not against authentic Hadith. Its is evidence based on Hadith “You must adhere to my Sunnah and the Sunnah of the righteous, guided successors. Hold firmly to it as if biting with your molar teeth. Beware of newly invented matters in religion”.
  4. If there is no text in some given issue, nor explicit statements of Sahabah, the amal of Ahl-al-Madeenah can be resorted to as Ijtihad, however the Hukm is not binding.