Presented by

Mufti Abdul Waheed

Senior Lecturer and Researcher in Fiqh and Usool ul-Fiqhat JKN Institute

fatawa@jkn.org.ukDate: 02/11/14

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Agenda

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10:15am Welcoming and introduction to the course

10:20am Session 1: Part 1

11:45am Break (15 mins)

12:00pm Session 2: Part 2 & Part 3

1:00pm Q&A session and closing remarks

Course Content

1. PART 1 - Imām Mālik

2. PART 2 – Legal Methodology

3. PART 3 – Distinctions between the School of ImaamMālik and Abu Haneefah

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Previous Sessions DiscussedThe Meaning of Shari’ah

The Formative Period of Usool ul-Fiqh in the first three generation.

The Emergence of the four Schools and dissemination throughout the World

The Legal Methodology of the Hanafi School

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Part 1

Imām Mālik (93 AH/712 CE – 179 AH/795 CE)

His Name, Early Education, Teachers, Testimony of Knowledge& Death

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1. His Name & FamilyDifferences of opinions in regards to the year of his

birth, but the most reliable report is 93 AH, during the reign of Waleed Ibn Abdul Mālik

Attributed to the Family of Himyar, (Yemen) who settled in Madeenah.

Though original descendent from Yameni tribe how did his ancestors arrive to Madeenah? Three opinions;

1. Abu Amir (his great grandfather) was a companion who participated in all battles apart from Badr

2. Abu Amir migrated to Madeenah after the Prophet’s death.

3. It was Mālik Ibn Abu Amir who first settled in Madeenah

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GeonologyHārith al-Asbahi al-Yameni

Amr

Abu Amir

Mālik

Anas

Mālik

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2. Early Education

Memorised the Qur’ān early part of his life.

Came from a family of learned scholars e.g. grand father was a reputable Muhaddith.

Engaged in his studies of Hadeeth from a young age. Had very little connection with employment.

Financially dependent on his family.

Received all his Islamic education in Madeenah

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2.b) TeachersAmongst his notable teachers were;

1. Ibn Shihāb az-Zuhri (d.124 AH/742 CE)

2. Rabi’ah ar-Ra’i (d. 136 AH/754 CE)

3. Nāf’i the slave of Abdullah Ibn Umar (d.117 AH/735 CE)

4. Ja’far as-Sādiq (d. 198 AH/814 CE)

5. Muhammad Ibn Yahya al-Ansāri (d. 121 AH/739 CE)

6. Abu Hazim Salamah Ibn Deenār (d. 140 AH/757 CE)

7. Ibn Hurmuz (d. 148 AH/765 CE)

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2.c) The Categories of KnowledgeThe Science of refutation of deviant sects

The Science of Fiqh and Hadeeth

The Fatāwa of the Companions

- Ibn Umar

- A’ishah

- Zaid Ibn Thābit

- Umar

Analogical deduction (Qiyās)

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2.d) His Golden Chain

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Messenger of Allah (saw)

Abdullah Ibn Umar

Nāfi the servant of IbnUmar

Mālik Ibn Anas

3.Outstanding StudentsYahya Ibn yahya al-Laythi (Masmoodi) (d. 234 AH/849

CE)

Ibn Wahb (d.199 AH/815 CE)

Abu Abdullah Abdur Rahmān Ibn Qāsim (191 AH/807 CE)

Muhammad Ibn Hasan as-Shaybāni (d. 189 AH)

Asad Ibn al-Furāt (d.145 AH)

Ibn Mājishoon (d.212 AH)

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4. His Status in Knowledge

“When a tradition comes to you from Mālik Ibn Anasthen hold on to it. When a tradition comes to you from him then know that Mālik is excellent. No one reached the level of Mālik’s knowledge (weather) in its retentiveness (in memory), in his proficiency or scrupulousness. So whoever wants sound Hadeeth must go to Mālik.”

(Muhammad ibn Idrees as-Shāfi’ee)

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5. Teaching & Death He taught in Masjidun Nabawi over 50 years.

Disciples rarely engaged in discussion with the teacher.

Amongst his method of teaching was audio listening from student’s recitation of Hadeeth.

Died 11th Rabiul-Awwal 179 AH at the age of 86.

Was very meticulous of students recording his personal judgments.

- During his life only those Fatāwa were recorded from him once its decisiveness was established.

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Part 2

The Fiqh of Imam MālikHis Legal Methodology, sources of principles, Works and

Development

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1. City of Madeenah in the Islamic World The First Established Islamic State

Majority of The companions resided in Madeenah

Abu Bakr (ra) eliminated all the different sects during his reign.

Secured from any external influence of heretical beliefs.

Madeenah remained the capital of the Islamic state during the reign of the first three Caliphs.

Leading representatives of the knowledge amongst the companions;-Umar (ra)

- A’ishah (ra)

- Zaid Ibn Thābit (ra)

- Abdullah Ibn Umar (ra)

- Abu Hurairah (ra)

The seven leading Jurists in Madeenah were:

-Sa’eed Ibn Musayyab, Qāsim ibn Muhammad, Urwah Ibn Zubair,

Khārija Ibn Zaid, Abu Salamah Ibn Abdur Rahman, Ubaydullah ibnUtbah and Sulaiman Ibn Yasār.

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2. Legal MethodologyImām Mālik’s fiqh is a corpus of the Fiqh of

Madeenah.

He Combined the Fiqh of Hadeeth and legal rationality (though rationality was rare)

Very critical in accepting Hadeeth

He did not record his own legal principles Like Imām Abu Haneefah.

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3. Imām Mālik’s Renowned Works(1) Muwatta (the Approved)

- Contains sayings of the Prophet (saw), statements of the companions, Fatawa of the Tābi’een.

- Compiled in a span of forty years

- the two main transmitters of the Muwatta are;

a) Yahya Ibn Yahya al-Laythi

b) Muhammad ibn Hasan as-Shaybāni.

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The version of Yahya Ibn Yahya al-LaythiContains 883 sayings of the Prophet

- 600 with uninterrupted chain

- 223 with Irsal (where a companion has been omitted in the chain)

613 sayings of the Companion

285 Fatawa of the Tābi’een

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Methodology of the MuwattaAfter mentioning the Hadeeth or reports would also

include his opinion and represented the practice of the people of Madeenah.

Chapters arranged according to Fiqh.

Some Ahadeeth he did not act upon inspite of its rigorousness.

Considered the consensus practice of the people of Madeenah as a justification to overrule a solitary report.

Left his traces of his personal Ijtihād.

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(2) Al-MudawwanahContains over 36,000 juristic cases.

Asad Ibn Furāt initially compiled the jurists cases on the Māliki Madhab in responding to the questions posed by Imām Muhammad as-Shaybāni.

The main contributors were;

- Asad Ibn Furāt

- Ibn Qāsim

- Suhnoon

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Practice of the People of MadeenahImām Mālik’s school of Thought was premised on the

legal practice of the people of Madeenah. The reasons are as follows;

1. Central to the science of Hadeeth and Fiqh

2. Their practice was the most closest in accurately representing the practice of the Prophet (saw)

3. No possibility of fabrication of Hadeeth

4. The residence of majority of the Companions

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4. Sources of Principles

1. The Qur’ān- Imperative and prohibited commands.

- Arrogations and abrogated verses

- Specific terms or general terms.

- Multiple meanings of terms and those interpreted.

- Primary usage and secondary usage.

- The Quranic injunctions are decisive commands.

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2. Sunnah

- The Prophet’s words, actions and tacit approvals.

- Fatwas of the Companions

- Fatawa of the Tābi’een

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4. Ijma (Consensus)

- The Unanimous practice of the people of Madeenah.

- Ijma is an undisputed evidence

5. Qiyās (Anological deduction)

- Istihsān (legal preference)

- Masālih Mursalah (valid public interest)

- Urf (local custom)

- Blocking the means

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5. Spread of the His legal SchoolThose regions in which the School of Mālik was

predominant were;

1. Egypt – Introduced by Abdur Rahmān Ibn Qāsim(d.191 AH) and Abdullah Ibn Abdul Hakm (d. 214AH)

2. Africa and Spain – Introduced by Ziyād Ibn Abdur Rahmān al-Qurtubi (d.193 AH), Asad Ibn Furāt(d.213 AH) and Abdul Mālik Ibn Habeeb ibnSulaiman (d.238 AH).

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Part 3

Some Distinctions Between the Hanafi and Māliki School

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The Ahlul-Hadeeth and Ahlul-Ra’yThe scholars of Kufa were known to be Ahlu-Ra’y

whereas scholars of Madeenah and Makkah the Ahlul-Hadeeth, The reason for this distinction;

1. The people of Kufa restricted circulation of Hadeeth due to the possibility of fabrication, unlike regions in Madeenah and Makkah.

2. The People of Kufa faced innumerable new cases which required extensive Ijtihād.

3. The Ahlu Ra’y considered the understanding of underlying reasons behind texts as necessary.

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Distinction between both Schools

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Hanafi School Māliki School

Extensive employment of Ijtihād;- The Imām allowed students to employ their own Ijtihād and engage in discussion with him

Employment of Ijtihād was very rare.- Students would not emply Ijtihadduring the Imām's presence

The Hanafi Legal School was founded upon the the Shura (counsel) of Jurists

Tutorial based

Solving hypothetical Juristic cases Restriction of discussing hypothetical cases

Reliance on the Fiqh of Iraq;-Abdullah Ibn Mas’ood (ra)- Ali (ra)- Abu Musa al-Ash’ari (ra)

Reliance on the Fiqh of Madeenah;-Abdullah Ibn Umar (ra)-Umar (ra)-Zaid Ibn Thābit (ra)

Recommended Reading Hasan, F. Fa Usool Fiqh Ki Tareekh, (Urdu), Pakistan, Dārul-

Ishāt.

Uthmani . M.T Dars Tirmidhi vol 1.Karachi, Darul Ishat

Nadwi M.A. Abu Haneefah Life and Legacy. Markfield, KupePublishing LTD.

Abu Zahra, The Four Imāms, London, Darul Taqwa.

Haddad G.F The Four Imāms, Muslim Academy Trust, London

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Scholarly GiantsLet us take you on a journey to the Truth

Imām Shafi’ee and his Legal School

Date:16/11/14www.jkn.org.uk.co.uk

Not to be missed!

By

Mufti Abdul Waheed

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Life and his works

His knowledge on Fiqh and Hadeeth

His legal theory and methodological framework.

Contributors to the development of his school

His students

Testimony of scholars about Imām Shafiee

Analysis of some criticisms against him and detailed responses.

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Forthcoming Titles in the SeriesThe School of Imām Ahmad ibn Hanbal

Critical Discussion on Taqleed

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جزاك هللا خريا

Q & A

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