IntroductionÂ
one of the best Islamic school of thought which originated from the Madina and spread to the entire world and was founded by the Imam malik.
In this blog we will discuss about maliki school of thought and start the blog with the development of the Fiq.
The development of Fiqh started itself in the lifetime of Prophet Muhammad (SAW). The companions of the Prophet (SAW) used to receive first-hand knowledge and lessons of Islam from Prophet (SAW). Whenever any companion faced any problem or confusion in following or understanding any verse of the Quran or Sunnah of Prophet, he would in-quire from the Prophet (SAW) and would receive first hand response accordingly. The Companions of the Prophet (SAW) were bestowed with different skills and levels of knowledge, wisdom and understanding. They were unique and talented in their own way and most of them spend the larger part of their life in the era of the Prophet (SAW) thereby directly grasped the essence and spirit of Deen and Fiqh (understanding). In this way many among the companions became experts in different fields of knowledge and even the Prophet (SAW) endorsed it as they were directly taught by Him. For example, the Prophet SAW) said regarding Ubay Ibn Kab that he is the most learned person of Quran so learn the Quran from him. Similarly Prophet S.A.W remarked about Muadhibn Jabal that he is the most knowledgeable of permitted (halal) and prohibited (haram) amongst you. Regarding Ali, the Prophet (SAW) stated, 'aqzaahum Ali' i.e. AliibnabiTalib is the best in deciding the matters between the parties. In other words, refer your cases to him whenever you have a dispute. For Zaidibn Sabit, the Prophet SAW)stated, 'afrazahumzaid ibn thabit' that he is the expert in the inheritance and laws of will. Similarly the Prophet (SAW) stated that learn qirat (recitation) of the Quran from Abdullah Ibn Masud.'
With the passage of time and especially in the period of the first four Caliphs of Islam, many companions moved outside Hejaz to different far off places for spreading and teaching Is-lam in Muslim populated lands. Hazrat Abdullah ibn Masud was sent to Kufah(A city in Iraq, which was founded by Umar ibn Al Khataab in 639 AD/1"Muharam 17 hijri) by Hazrat Umar (RA) for teaching Quran, Hadith and fiqh to the people liv-ing there. Hazrat Ali (RA) also moved to Kufah when he was caliph. Ubay Ibn Ka'ab went to Damascus (capital of Syria); Zaidibn Thabit went to Basra (A port city of Iraq) to spread-SAW and teach Islam. Muadhibn Jabal was appointed as Governor by Prophet himself to Yemen. However, many companions remained either in Makah or Madina for their entire life passing on the knowledge and lessons to their successors. Haz-rat Abdullah ibn Umar, the Son of Umar spent his whole life in Madina serving the cause of Quran, Hadith, and its under-standing (fiqh) and taught end number of students there. Simultaneously during this period Hazrat Ayesha (RA) the wife of the Prophet SAW was living in Madina. She not only was well versed in the Quran and Hadith, but was highly skillful in jurisprudential matters. She used to answer the issues and problems which arrived at the time on every aspect to the companions of the Prophet and successors of companions. In this way she trained a new generation for almost fifty to sixty years and they trained their successors and process continued. There were people who used to attend the classes of both Abdullah ibn Umar and Ayesha. At times there used to be a difference of opinion between the two on some point and both would re-main affirm on their respective stands for the reason that the opinion was given on the basis of their insight and understanding. Abdullah ibn Abbas was another eminent companion and cousin of Prophet SAW who lived mostly in Makkah and trained another lot of Muslims belonging to Makkah and Taif. This entire process played a crucial role in the development and evolution of fiqh. The central point of this entire discussion is to emphasize that different companions of Prophet spread across different areas of the world and taught and train a new lot of Muslims in their respective places. Companions of Prophet SAW did Ijtihad on different emerging matters of Deen as they had understood since the times of the Prophet SAW They analyzed the situations in which they were themselves living in. They negotiated issues in the manner they faced after the demise of Prophet and their successors and followers spread down the line accordingly. So if there is a difference of opinion on issues pertaining to fiqh, it is difference in interpretations and derivative process i.e. while deriving the solution from the usul. The difference of opinion is not on the basic principles, teachings, and essence of Deen but the difference ought to arise while deriving the secondary rulings from the founding principles. Take the example of three distinguished companions (jurists) of their time; Abdullah ibn Masud would hesitate in giving his own opinion. He would not resort to in terpretations, but only transmit as it is ie. literalistic approach: on the other hand, Abdullah ibn Abbas's approach was wide. Where the Ijtihad or opinion of other companions would be too difficult Abdullah ibn Abbas would resort to comparatively easier approach; Abdullah ibn Umar would approach the things which apparently seem hard interpretations. There-fore, the diverse understanding levels; different tastes and temperamental approaches; geographical locations; local needs, circumstances and customs; individual inclinations and think-ing; changing situations, conditions and environment in which a jurist is doing Ijtihad or giving a futwa or interpretation not only play influencing role in the development of fiqh but also results in difference of opinion which is a natural phenomenon and which ought to happen. This opened the gates of learning for next generation of Muslims, (tabatabeen), their successors and so on and so forth.
In essence, the Shariat is a compendium of rules guiding the life of a Muslim from birth to death in all aspects of law, ethics and etiquette. These rules have been crystallized through the process of Ijtihad employing the sophisticated jurisprudential techniques. The primary source is the Quran. Yet, in matters not directly covered by the divine book, rules were developed looking to the hadith and upon driving a consensus. The differences arose between the schools because of reliance on different ahadith, differences in consensus and differences on qiyas and aql as the case may be. Another important and significant dimension which needs to be emphasized upon is that it was the period when there was no development in the field of information and technology. Modern means of communication like printing, typewriting, loudspeakers, Photo-stat, radio, tape-recorder, television, telephone, telegram, computer, internet, and social media were not available. The ancient modes were in the form of qasid (one who brings message manually) or letters scribed on animal skins, papers, stones, walls etc. Then jurists and learned persons develop the jurisprudence of Islam by writing commentaries, of Quran and Hadith, compiling rulings of early jurists and all this emerged in the form of volumes of books using simply pen and ink. In this backdrop it needs to be significantly appreciated that in the absence of modern technological facilities how those great souls have tirelessly and tremendously not only saved but contributed in compiling the precious literature of Islam and in transforming the basic sources of Shariah and jurisprudential principles from generation to generation from last fourteen centuries to the present time. In today's world all the knowledge and information from different corners of the world is not only accessible but available on the click of computer mouse or through the smart phones in our drawing rooms while as the predecessors in Islam had tirelessly struggled to get all this by travelling length and breadth of the world and they not only succeed but showed the way for generations to follow. Schools of Islamic Jurisprudence (fiqhimadahib)
In the light of the above discussion, the following schools of jurisprudence may be understood to get a broader view of the subject. The in three ancient centers Iraq, Hijaz and Syria. It was during the reign of the Abbasides (Banu Abbas) that a new impetus was given to the study of Islamic Jurisprudence. It was during this period that five major schools of Islamic Jurisprudence emerged.
Maliki School of Islamic Jurisprudence
Abu Abdulllah Malik ibn Anas famously known as Imam Malik was born at Madina in the year 93 Hijri. He was not only a great traditionsist, but a jurist who founded a school of jurisprudence known as Maliki School or Madina school. He gave discourses on Hadith in the Masjid Nabvi for near about forty years of his life. He was considered to be the highest authority in Hadith of his time. He devoted his whole life to the study of jurisprudence and hadith in Madina. He learnt Hadith from Abdur Rehman, Ibn Hurmuz, Nafiibn Zakwan and Yahyaibn Sayeed. He studied figh from the celebrated jurist of Madina Rabisibn Farukh." His chief Book, the Muwataa, is the oldest corpus of Sunni law extant and is of interest because it forms a link between the figh literature of earlier days." The Imam said that he had presented his book to the seventy scholars of Madina who agreed upon its contents. He, therefore, gave it the name of Al-Mawatta which means 'agreed upon' or a 'most frequented path He also became the victim of the Abbasid Rule as he never bowed before political authorities and gave decisions without any bias. Imam Maalik died in 179. hijri in Madina and was buried in al-Baqi. Imam Sha'afi was his celebrated disciple. Features of Maliki School:
1. The Holy Quran as the first source for formulating the principles of law.
2. Inclined more to the traditions of the Prophet SAW, he preferred the traditions which were collected and narrated by the traditionists of Madina. He would also accept traditions which were authentic, even if the traditions carried the authority of only one narrator.
3. Ijma of the Companions and ijma of the people of Madinaas the most preferable Ijma.
4. Customs and practices of the people of Madina.
5. Less reliance on Qiyas and more reliance on the customs
of the people of Madina.
6. Propound the doctrine of Istislah, source unique to this school.
Difference between hanafi school and Maliki school of thought.
Hanafi school | Maliki school |
Quran is the primary source of law | Quran is the primary source of law |
Hadith is the second source of law | Hadith is the second source of law |
This school affirmed the validity of Ijma in every age | This school accepts the ijma of the companions and the ijma of the people of the Madina as the most preferable Ijma |
The qiyas is the special character of the Hanafi school of thought | Less reliance on Qiyas and more reliance on the custom of the people of Madina |
The doctrine of istihsan was evolved by this school | The doctrine of istislah was evolved by this school |
Â
What is the Maliki School of Thought in Islam?
The Maliki school of thought is one of the four major Sunni Islamic legal schools (madhhabs). It was founded by Imam Malik ibn Anas in the 8th century in Medina, and it emphasizes the practice of the people of Medina (ʿAmal Ahl al-Madina) as a key source of law. Alongside the Qur'an and Sunnah, Maliki jurisprudence also gives weight to consensus (ijma), public interest (maslahah), and analogical reasoning (qiyas).
Where is the Maliki school most widely followed today?
The Maliki school is primarily followed in North and West Africa, including countries like Morocco, Algeria, Tunisia, Libya, Mali, Senegal, and parts of Nigeria and Sudan. It also has historical significance in Andalusia (modern-day Spain). The school continues to influence Islamic jurisprudence in these regions, especially in matters of family law, rituals, and civil matters.
How does the Maliki school differ from other Sunni schools like Hanafi or Shafi'i?
The Maliki school differs notably in its use of local Medinan practices as a source of law, which is not emphasized in the Hanafi or Shafi'i schools. It also places a higher priority on istislah (public welfare) and customary practices compared to others. For example, while the Hanafi school is more rationalist and systematic in qiyas, the Maliki school leans on communal consensus and societal norms of Medina as a way to preserve Prophetic traditions.