'What is said about the Amal (practice) and agreement of the people of Madīna' according to Ibn ul-Qassār

The following is taken from one of the Introduction of Ibn ul-Qassār al-Mālikī (397Hijri) to his major work on Khilāf Ālīy or high level differences in substantive positions of fiqh. It is both a proper exposition of the Imām’s own interpretation of Mālikī rite, but presented in contrast to the positions of other madhāhib or schools whil presenting the evidences and extrapolations from them hence the title. This introduction (muqaddima) is an usūlī one i.e. related to the first principles and how to derive the above substantive rules (fiqh) from their sources and principles. This is often published on its own as it is modelled on the presentation as is common in major works but also by analysing the judgements of Imām Mālik and statements to explain his principles and reasoning. As such it is one of the earliest sources and widely quoted repositories for Mālik’s Usūl e.g. cited by the likes of Shihāb ul-Dīn al-Qarāfī to the likes of Imām al-Shawkānī in their own works.

This is a very small section as an explanation of a concept not unique to the Mālikī Madhab, but certainly considerably more prominent in the school and relates to how transmit dominant practice and the teachings of the Prophet sallallahu alaihi wal-sallam (peace and blessings be upon him) commonly referred to as ‘Amal’ or ‘Amal Ahl al-Madīna’ — the dominant practice or the practice of the people of Medinah

What is said about the Amal (practice) and agreement of the people of Madīna

And from his (Mālik) madhab (view) the agreed upon Amal (practice) which comes via tawqīf (i.e. specifically defined from revelation) from the Messenger (sallallahu alaihi wa sallam), as the general norm (ghālib) from him (sallallahu alaihi wa sallam) is tawqīf, such as there is no duty (isqāt) Zakāt on "greens" (hadarāt), as it is known that in the time of the Prophet (sallallahu alaihi wa sallam) was it transmitted that he would take from it Zakāt, and there is a consensus (ijmā) of the people of Madīna (ahl al-Madīna) on that, so the view/action, is upon it even if other disagree with them.

Mālik (rahimuhullah) used it as proof (hujja) in many issues¹ whenever he said "the matter which there is no difference over among us". And this is from the mass transmitted reports (mutawātir) which we have explained is the Madhab.

And his [i.e. Mālik's] proof for it was that they were closer than others to the manner of the transmission (naql) from the Prophet sallallahu alaihi wa sallam; because the Messenger made Hijra (migrated) to Madīna and settled therein, and the revelation descended upon them, and they remained upon the judgements of the sharī'ah, and the people bore testimony to all of this, were knowledgable (alimūn) of it, and nothing was hidden from them, and his situation with them until he was taken were:

1. Either he commanded them with a matter and they performed it;

2. He actioned a matter and they followed him therein.

3. Or he witnessed their affair and approved them on it (yaqirruhum alaih).

And this was how their affair remained until the end of revelation and was taken from among them (sallallahu alaihi wa sallam)... whereas the narrations from other than them are merely single (akhbār ahād) because their number can be counted, and the narrations of the people of Madīna are mass transmitted (akhbār tawātur) and they are more preferable than single narrations.

[.] And the actions of the people of Madīna are characterised as Tawātur, and it is for this reason that their reports take precedence (muqaddam) over others reports. And from Allāh comes Divine acceptance (tawfīq).

¹Shaykh Muhammad Atīyya Sālim counted more than 300 instances of it.

Pages 295-9, 'Muqaddimat Usūliyya’, (The Usūl or first principles of Islamic Jurisprudence introduction) from 'Uyūn ul-Adilla fī Masā’il il-Khilāf bayna Fuqāha il-Amsār'