Al-Fuqahāʾ al-Sab’a and the Proof Value of ‘Amal of Medinese
Journal Title: Eskiyeni - Year 2019, Vol 39, Issue 39
Abstract
The ‘Amal of Medinese (the judicial practice/praxis of Medinese), which is accepted as a binding evidence for Mālikī sect and frequently referred by Mālikī, is used to express the judicial practice and consensus (ijmāʿ) of the people of Medina on a religious issue. Imām Mālik’s compilation of the judicial practice of the people of Medina and the follow-up of a method that takes into considera-tion the judicial practice in his fatwas led to the concept rather being associated with Imām Mālik. However, the ‘Amal of Medinese is also used both as a con-cept and method before him. This article follows the traces of the practices of Medinese in order to determine this situation in the tābiūn (successors) era. Alt-hough it is possible to determine the tradition of pointing out the common con-sensus and common practices of the past from the early period, it can be said that this attitude has become dominant especially during the tābiūn era. For this rea-son, this study subjects seven of the most prominent scholars of Medina in the tābiūn era, they are called as al-fuqahāʾ al-sab’a. This study also tries to point out their role in the formation, detection and transfer of the practices of Medinese by addressing their practices.
Authors and Affiliations
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