عمل اہل کوفہ یا عمل اہل عراق: فقہ حنفی کے اصولی ماخذ کا تحقیقی و تنقیدی جائزہ

The Practice of the People of Kufa (Iraq): A Forgotten but Significant Source of Ḥanafī Legal Theory

Abstract

The science of Islamic jurisprudence (Fiqh) has always played a central role in shaping Muslim intellectual and practical life. Among its multiple sources, the practice of the people of Kufa, commonly referred to as “ʿAmal Ahl al-Kūfa” or “ʿAmal Ahl al-ʿIrāq,” holds a unique position in the methodology of the Ḥanafī school. Unfortunately, this source has not received due attention in contemporary legal discourse and has often been overshadowed by more widely discussed principles such as qiyās (analogy), istihsān (juristic preference), and istiṣlāḥ (public interest). Historically, Kufa was a hub of knowledge, hosting prominent Companions of the Prophet ﷺ and their successors, who transmitted a large body of practical rulings rooted in the lived Sunnah. The Ḥanafī jurists considered these practices not merely local customs but reflections of a collective understanding derived from Prophetic traditions and the consensus of senior Companions. This paper aims to re-examine the role of ʿAmal Ahl al-Kūfa in Ḥanafī jurisprudence, highlighting its epistemological basis, methodological significance, and comparative relevance with “ʿAmal Ahl al-Madīnah” as emphasized in Mālikī jurisprudence. It also addresses why this principle gradually receded from prominence in later centuries, despite its foundational role in the early development of the Ḥanafī legal tradition. Finally, the study proposes that revisiting this neglected principle can enrich contemporary Fiqh studies and provide new dimensions for modern applications of Islamic law.