is suitable for the nation and the general public. They say, “The masses are like ants: if we oppose them, they will devour us. Rather, we must see what is most suitable.”

They come to a scholar and say, “These banks are immensely beneficial: they strengthen the economy, the poor benefit from them, and receive funds with which they can work and cultivate the land. The bank, too, profits through usury.” Then they say to the scholar, “Grant us a concession, may Allah reward you.” The scholar replies, “Let me think about it.” After whatever time Allah wills, they return to him, and he says, “I have found that there is nothing wrong with this, because the Sacred Law is founded upon securing benefits and warding off harms. This is a benefit, as you have said: it benefits this party and that party.” Yet he has not taken account of the religious harm.

Such people are what we call scholars of the masses—that is, those who look at what the masses want and go along with it.

The scholars of the faith, however, desire nothing but that Allah’s religion be supreme and His word be uppermost. They pay no heed to either the state or the masses. Thus, if such scholars are present in a land, and a particular transaction has become widespread among the people without their denouncing it, then we may say that the people’s practice in the presence of these scholars is regarded as evidence. Although it is not like the evidence of the texts, it reassures a person that there are godly scholars who do not object to it. This is something from which one may draw support and say: the established practice, with these scholars present, strengthens the view I hold.

The expression, “This is the practice of the people,” occurs frequently in the books al-Insaf and al-Tanqih by al-Mardawi, may Allah Most High have mercy on him.