Home / All / Fiqh & Socitey / Maleki: An Introduction to Islamic Jurisprudential Sects

Maleki: An Introduction to Islamic Jurisprudential Sects

2- Mālikīyah’s Sources of Deduction
2-1- The holy Qur’an.
2-2- Sunnah: it was the second haven for Mālik. In Mālik’s viewpoint, in contrary to Abū Ḥanīfah, isolated ḥadīth was considered as a proof, and ignoring it was not allowable when it was not in counter with the practice of the people of Medina. He relied mostly upon the ḥadīths narrated by the people of Hejaz.
2-3- Ijmā‘ (consensus): besides the ijmā‘ as its generally accepted meaning, Mālik regards the consensus of the people of Medina as a proof, too.
2-4- Qiyās (judicial reasoning by analogy): Mālik inferred the verdicts that were not stipulated in the Qur’an and Sunnah by analogy. Many verdicts presented in al-Muwaṭṭa’ are gathered in this way.
2-5- Istiḥsān (juristic preference): Shāṭibī narrates from Aṣbagh that Ibn Qāsim quoted that Mālik said: 90% of knowledge is consisted of istiḥsān, however he has not extended the realm of istiḥsān as Abū Ḥanīfah done.
2-6- Istiṣḥāb (the principle of continuance): Qarrāfī says: istiṣḥāb is regarded as a proof by Mālik, Imām Muznī, and Abū Bakr Ṣayrafī.
2-7- Maṣāliḥ Mursalah (consideration of public interests of the time): one of Mālik’s principles is relying upon maṣāliḥ mursalah, so that his school is well-known for performing this principle.
2-8- Sadd al-Dhirā’i‘ (prohibition of what may lead to committing sins): Mālik extended the realm of this principle more than others, and issued many verdicts based upon it.
2-9- ‘Urf (local custom which is not in direct conflict with established Islamic principles): however Mālik has resorted to ‘urf, but he has not practiced it as much as others.
———– Page 3
2-10- Words of a Companion: Mālik’s jurisprudence is based upon Companions’ fatwas and judgments. He learned the jurisprudence of the seven jurists of Medina. Sunnah, in Mālik’s viewpoint, is regarded as what Companions practice; therefore, the words of Companions held a notable place among his other sources of deduction.
3- Features and Sources of Mālikīyah
– In addition to the above-mentioned sources, Mālik, regards the practice of people of Medina, as a religious source.
– Mālik preferred the appearance of the Qur’an to Sunnah. He did not regard comprehensive and unrestricted terms of the Qur’an and Sunnah as decisive, and completely opened the doors of determining and limiting.
– Mālik believed that fulfilling public interests is the main purpose of Divine legislation. Therefore, his jurisprudence rotates about this axis, and he tries to achieve these interests by qiyās, istiḥsān, maṣāliḥ mursalah, sadd al-dhirā’i‘, or any other passible means. Due to this view, Mālik regarded ‘uqūd (contracts) as a means to fulfill people’s main demands that are in company with their social convention.
– Mālik relies upon Companions’ fatwas and judgments for finding out the aim of sharī‘ah, then attempts to recognize and discover religious precepts and their purposes, as a person who has traced the root of understanding sharī‘ah and its all purposes.
– Mālik rejected sneering at the Prophet’s Companions, and regarded it as a serious crime.
– Mālik believed in predestination, and regarded the Qur’an pre-existent.
4- Mālikī jurists and books
– Mālik b. Anas Aṣbahī, leader of the school (d. 179 A.H.). al-Mudawwanāt is the collection of his scattered fatwas, which includes the titles of:
 Al-Asadīyah (fī Fiqh al-Mālikīyah): Asad b. Furāt b. Sinān known as Qāḍī Qīriwān (d. 204 A.H.). He was disciple of Mālik and Muhammad b. Ḥasan Shaybānī. He has compiled it from Ajwabah ‘Abd al-Raḥmān b. al-Qāsim.
 Al-Mudawwanah al-Kubrá=Mudawwanah Saḥnūn, ‘Abd al-Salām b. Sa‘īd al-Tanawwukhī, entitled as Saḥnūn (d. 240 A.H.). He has narrated it from ‘Abd al-Raḥmān b. Qāsim ‘Itqī (d. 191 A.H.), who narrated from Imām Mālik b. Anas.
 A-Wāḍiḥah fī al-Sunan wa al-Fiqh, Ibn Ḥabīb, ‘Abd al-Malik b. Ḥabīb Silmī Qurṭabī (d. 238 A.H.).
 Al-Mustakhrijah al-‘Atībah ‘alá al-Muwaṭṭa’, Abū ‘Abd Allah Muhammad ‘Itqī Qurṭabī (d. 254 A.H.).
 Al-Mawwāzīyah, Abū ‘Abd Allah Muhammad b. Sa‘īd, known as Ibn Mawwāz Qurṭabī (d. 281 A.H.).
– Abū Bakr Bāqilānī (d. 403 A.H.): al-Inṣāf fīmā Yajib wa lā Yajūz fīh al-Khilāf, al-Tamhīd fī Uṣūl al-Fiqh, al-Muqanna‘ fī Uṣūl al-Fiqh,
– Ibn Abī Zayd Qīriwān (d. 386 A.H.): al-Risālah (many commentaries have been written on it),
– Ibn ‘Abd al-Birr, Abū ‘Umar Yūsuf b. ‘Abd Allah b. Muhammad b. ‘Abd al-Birr Namrī, Andalusian scholars’ elder (d. 436 A.H.): al-Kāfī, al-Tamhīd li-mā fī al-Muwaṭṭa’ min al-Ma‘ānī wa al-Asānīd, al-Istidhkār li-Madhhab ‘Ulamā’ al-Amṣār.
– Bājī, Abū al-Walīd Sulaymān b. Khalaf Tamīmī Bājī (d. 474 A.H.): al-Muntaqá. This is a selection of his commentary on al-Muwaṭṭa’ in seven volumes. It is claimed that it is a best book among Mālikīyah.1
– Ibn Rushd/the father (d. 520 A.H.): al-Bayān wa al-Taḥṣīl, al-Muqaddamāt,
– Muhammad b. Ahmad known as Ibn Rushd Qurṭabī/Ḥafīd (d. 595 A.H.): Bidāyah al-Mujtahid wa Nihāyah al-Muqtaṣid (it is a valuable book in two parts, and its researched version is recently published by the World Assembly for Proximity of Islamic Schools), al-Bayān, al-Muqaddamāt,
———– Page 5
– Ahmad b. Idrīs b. ‘Abd al-Raḥmān, known as Qarrāfī (d. 684 A.H.): al-Aḥkām fī Tamyīz al-Fatāwá ‘an al-Aḥkām, al-Dhakhīrah, al-Furūq (it includes four parts),
– Khalīl Jundī, Khalīl b. Ishāq b. Mūsá Miṣrī (d. 776 A.H.) Mukhtaṣar al-Madhhab al-Mālikī. Many commentaries have been written on it, and Mālikī seminary students memorize it. Its famous commentaries are as follows:
 Al-Tāj wa al-Iklīl fī Sharḥ Mukhtaṣar al-Khalīl, Abū ‘Abd Allah Muhammad b. Yūsuf b. Abī al-Qāsim ‘Abdarī, known as Mawāq (d. 897 A.H.),
 Mawāhib al-Jalīl fī Sharḥ Mukhtaṣar al-Khalīl, Abū ‘Abd Allah Muhammad b. Muhammad b. ‘Abd al-Raḥmān Maghribī, known as Ḥaṭṭāb Ra‘īnī (d. 954 A.H.) (including six parts)2
 Sharḥ al-Kharashī ‘alá Mukhtaṣar al-Khalīl, Muhammad b. ‘Abd Allah Kharashī (d. 1101 A.H.). In six parts, which has been published including a supplement on Mukhtaṣar by ‘Adwī (d. 1189 A.H.),
 Al-Sharḥ al-Kabīr, al-Sharḥ Ṣaghīr, Sheikh Abū al-Barakāt Ahmad b. Muhammad Dardīr ‘Adwī (d. 1201 A.H.),
 Ḥāshīyah, Muhammad ‘Urfah Shams al-Dīn Dusūqī (d. 1230 A.H.). it is printed on margin of al-Sharḥ al-Kabīr,
 Sharḥ al-Zarqānī ‘alá Mukhtaṣar al-Khalīl, Sheikh ‘Abd al-Bāqī b. Yūsuf Zarqānī (d. 1099 A.H.). It is published in four volumes including eight parts.3
 Sharḥ al-Maysir, ‘Allāmah Muḥniḍ bābah b. A‘bīd al-Daymānī al-Shanqīṭī (d. 1277 A.H.),
– Shāṭibī (d. 790 A.H.): al-Muwāfiqāt,
– Qāḍī Abū Bakr Muhammad b. ‘Āṣim Andulusī Gharnāṭī, known as Ibn ‘Āṣim (d. 829 A.H.): Tuḥfah al-Ḥukkām (including two parts),4
– Tsūlī Sabrārī, Ali b. ‘Abd al-Salām (d. 1258 A.H.): al-Bahjah fī Sharḥ al-Tuḥfah, 5
– ‘Adwī (d. 1189 A.H.): Ḥāshīyah al-‘Adwī ‘alá Kifāyah al-Ṭālib (Kifāyah al-Ṭālib is written by Barrānī),
– Amīr (d. 1232 A.H.): al-Iklīl,
– Muhammad ‘Alīsh (d. 1399 A.H.): Minḥ al-Jalīl, Fatḥ al-‘alá al-Mālik,
– Ābī Azharī, Ṣāliḥ ‘Abd al-Samī‘(d. 1330 A.H.): Jawāhir al-Iklīl= Sharḥ Mukhtaṣar al-‘Allāmah al-Sheikh al-Jalīl fī al-Madhhab al-Imām Mālik, al-Thamar al-Dānī fī Taqrīb al-Ma‘ānī (it is a commentary on al-Risālah written by Ibn Abī Zayd al-Qīriwān),
– Dāh Shanqīṭī (d. 1389 A.H.): Fatḥ al-Raḥīm ‘alá Fiqh al-Imām Mālik bi al-Adillah (it is a commentary on the versified version of al-Risālah written by Ibn Abī Zayd al-Qīriwān),

About Alireza Mosaddeq

Check Also

Shia & Sunni Muslims Attend Conference on “Message of the Prophet Muhammad (PBUH)” in Pakistan

The great conference “Message of the Prophet Mohammad (PBUH)” with the axis of boosting Islamic solidarity was held as a number of senior Shia and Sunni authorities attended the event in...

Leave a Reply

Your email address will not be published. Required fields are marked *

Google Analytics Alternative