Imam Malik's approach to citing the etiquette of the people of Medina and Imam al-Shafi'i's criticism of it

Abstract

This study examines a fundamental jurisprudential disagreement between two prominent methodological approaches in Islamic legal theory: Imam Mālik’s reliance on the practice of the people of Madinah as an independent source of legislation, and Imam al-Shāfiʿī’s critique of that principle. The study aims to define the concept of the practice of the people of Madinah, present the evidences cited by Imam Mālik, and analyze the reasons that led him to prioritize it over solitary reports (khabar)  due to its practical connection to transmitted Sunnah and its communal continuity, which lends it strength in authenticity and indication. The study also explores the legal foundations adopted by Imam al-Shāfiʿī and highlights his rejection of considering the practice of the people of Madinah as an independent proof. He maintains that such practice is only valid if it reveals an established evidence from the Qur’an, Sunnah, or consensus, and should not be preferred over solitary reports