The general wording and import of the ḥadīth entail prohibition; any restriction or exception must be established by Sharʿī proofs drawn from the Qur’an, the Sunnah, and the consensus—whether by explicit text or sound inference. As for the customary practice of a particular land, or even most lands, or the statements of many scholars or worshippers—even the majority of them—none of that is fit to be set against the words of the Messenger of Allah, peace and blessings be upon him, let alone invoked as a counter-argument.

Whoever supposes that most of these customs that run contrary to the Sunnah are covered by consensus, on the grounds that the ummah has approved them and voiced no objection, is mistaken. In every age there have always been—and will continue to be—people who forbid the bulk of newly introduced practices that conflict with the Sunnah. It is impermissible to claim consensus on the basis of the conduct of a single city, or even several cities, within the Muslim lands; how much less, then, on the basis of the conduct of particular groups among their inhabitants!

Moreover, when the majority of scholars did not rely on the practice and consensus of the scholars of Madinah in the time of Imām Mālik—indeed, they regarded the Sunnah as proof against them just as it is proof against everyone else, despite the knowledge and faith those scholars possessed—how can a believing scholar place his trust in customs adopted by the masses, or by those swayed by the masses, or by people enthroned in ignorance who lack firm grounding in knowledge, who are neither counted among those vested with authority nor qualified for consultation? Perhaps their faith in Allah and His Messenger is not yet complete; or perhaps, through force of habit, some people of virtue have joined them without reflection, or because of a dubious argument—whose very best standing in the matter would be that of the mujtahid imams or the most truthful among the righteous.