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Sharia
Sharia
based on Maliki
Maliki
school (in teal) is the predominant Sunni school in North Africa, West Africa
West Africa
and parts of central eastern Arabian peninsula.[1]

The Mālikī (Arabic: مالكي‎) school is one of the four major madhhab of Islamic jurisprudence within Sunni Islam.[2] It was founded by Malik ibn Anas
Malik ibn Anas
in the 8th century. The Maliki
Maliki
school of jurisprudence relies on the Quran
Quran
and hadiths as primary sources. Unlike other Islamic fiqhs, Maliki
Maliki
fiqh also considers the consensus of the people of Medina
Medina
to be a valid source of Islamic law.[3] The Maliki
Maliki
madhhab is one of the largest group of Sunni Muslims, comparable to the Shafi`i
Shafi`i
madhhab in adherents, but smaller than the Hanafi
Hanafi
madhhab.[1][4] Sharia
Sharia
based on Maliki
Maliki
doctrine is predominantly found in North Africa
North Africa
(excluding northern and eastern Egypt), West Africa, Chad, Sudan, Kuwait, Bahrain,[5] the Emirate of Dubai (UAE), and in northeastern parts of Saudi Arabia.[1] In the medieval era, the Maliki
Maliki
school was also found in parts of Europe under Islamic rule, particularly Islamic Spain and the Emirate of Sicily.[6] A major historical center of Maliki
Maliki
teaching, from the 9th to 11th centuries, was in the Mosque of Uqba
Mosque of Uqba
of Tunisia.[7][8]

Contents

1 History 2 Principles

2.1 Notable differences from other schools

3 Notable Mālikīs

3.1 Contemporary Malikis

4 See also 5 References 6 Further reading 7 External links

History[edit] Although Malik ibn Anas
Malik ibn Anas
was himself a native of Medina, his school faced fierce competition for followers in the Muslim east, with the Shafi'i, Hanbali, and Zahiri
Zahiri
schools all enjoying more success than Malik's school.[9] It was eventually the Hanafi
Hanafi
school, however, that earned official government favor from the Abbasids. The Malikis enjoyed considerably more success in Africa, and for a while in Spain and Sicily. Under the Umayyads and their remnants, the Maliki
Maliki
school was promoted as the official state code of law, and Maliki
Maliki
judges had free rein over religious practices; in return, the Malikis were expected to support and legitimize the government's right to power.[10] This dominance in Spanish Andalus from the Umayyads up to the Almoravids continued, with Islamic law
Islamic law
in the region dominated by the opinions of Malik and his students. The Sunnah
Sunnah
and Hadith, or prophetic tradition in Islam, played lesser roles as Maliki
Maliki
jurists viewed both with suspicion, and few were well versed in either.[11] The Almoravids eventually gave way to the predominantly-Zahiri Almohads, at which point Malikis were tolerated at times but lost official favor. With the Reconquista, the Iberian Peninsula was lost to the Muslims in totality.[citation needed] Although Al-Andalus
Al-Andalus
was eventually lost, the Maliki
Maliki
has been able to retain its dominance throughout North and West Africa
West Africa
to this day. Additionally, the school has traditionally been the preferred school in the small Arab States of the Persian Gulf
Arab States of the Persian Gulf
(Bahrain, Kuwait
Kuwait
and Dubai). While the majority of Saudi Arabia
Saudi Arabia
follows Hanbali
Hanbali
laws, the country's Eastern Province has been known as a Maliki
Maliki
stronghold for centuries.[1] Principles[edit] Maliki
Maliki
school's sources for Sharia
Sharia
are hierarchically prioritized as follows: Quran
Quran
and then trustworthy Hadiths (sayings, customs and actions of Muhammad); if these sources were ambiguous on an issue, then `Amal (customs and practices of the people of Medina), followed by consensus of the Sahabah
Sahabah
(the companions of Muhammad), then individual's opinion from the Sahabah, Qiyas (analogy), Istislah (interest and welfare of Islam
Islam
and Muslims), and finally Urf (custom of people throughout the Muslim world
Muslim world
if it did not contradict the hierarchically higher sources of Sharia).[2] The Mālikī school primarily derives from the work of Malik ibn Anas, particularly the Muwatta Imam Malik, also known as Al-Muwatta. The Muwaṭṭa relies on Sahih Hadiths, includes Malik ibn Anas' commentary, but it is so complete that it is considered in Maliki school to be a sound hadith in itself.[3] Mālik included the practices of the people of Medina
Medina
and where the practices are in compliance with or in variance with the hadiths reported. This is because Mālik regarded the practices of Medina
Medina
(the first three generations) to be a superior proof of the "living" sunnah than isolated, although sound, hadiths. Mālik was particularly scrupulous about authenticating his sources when he did appeal to them, however, and his comparatively small collection of aḥādith, known as al-Muwaṭṭah (or, The Straight Path).[3]

The Great Mosque
Mosque
of Kairouan
Kairouan
(also called the Mosque of Uqba
Mosque of Uqba
or Mosque of Oqba) had the reputation, since the 9th century, of being one of the most important centers of the Maliki
Maliki
school.[12] The Great Mosque of Kairouan
Kairouan
is situated in the city of Kairouan
Kairouan
in Tunisia.

The second source, the Mudawwanah, is the collaborator work of Mālik's longtime student, Ibn Qāsim and his mujtahid student, Sahnun. The Mudawwanah consists of the notes of Ibn Qāsim from his sessions of learning with Mālik and answers to legal questions raised by Saḥnūn in which Ibn Qāsim quotes from Mālik, and where no notes existed, his own legal reasoning based upon the principles he learned from Mālik. These two books, i.e. the Muwaṭṭah and Mudawwanah, along with other primary books taken from other prominent students of Mālik, would find their way into the Mukhtaṣar Khalīl, which would form the basis for the later Mālikī madhhab. Maliki
Maliki
school is most closely related to the Hanafi
Hanafi
school, and the difference between them is more of a degree, rather than nature.[13] However, unlike Hanafi
Hanafi
school, Maliki
Maliki
school does not assign as much weight to analogy, but derives it rulings from pragmatism using the principles of istislah (public interest) wherever the Quran
Quran
and Sahih Hadiths do not provide explicit guidance.[13] Notable differences from other schools[edit] The Maliki
Maliki
school differs from the other Sunni schools of law most notably in the sources it uses for derivation of rulings. Like all Sunni schools of Sharia, the Maliki
Maliki
school uses the Qur'an
Qur'an
as primary source, followed by the sayings, customs/traditions and practices of Muhammad, transmitted as hadiths. In the Mālikī school, said tradition includes not only what was recorded in hadiths, but also the legal rulings of the four rightly guided caliphs – especially Umar. Malik bin Anas himself also accepted binding consensus and analogical reasoning along with the majority of Sunni jurists, though with conditions. Consensus was only accepted as a valid source of law if it was drawn from the first generation of Muslims in general, or the first, second or third generations from Medina, while analogy was only accepted as valid as a last resort when an answer was not found in other sources.[14][15] Malik was reported to have only actually used analogy himself one time, which he regretted on his deathbed.[citation needed] Notable Mālikīs[edit]

Yahya al-Laithi
Yahya al-Laithi
(d. 848), Andalusian scholar, introduced the Maliki school in Al-Andalus Sahnun
Sahnun
(AH 160/776-7 – AH 240/854-5), Sunnī jurist and author of the Mudawwanah, one of the most important works in Mālikī law Ibn Abi Zayd
Ibn Abi Zayd
(310/922-386/996), Tunisian Sunnī jurist and author of the Risālah, a standard work in Mālikī law Yusuf ibn abd al-Barr
Yusuf ibn abd al-Barr
(978–1071), Andalusian scholar Ibn Tashfin
Ibn Tashfin
(1061–1106), one of the prominent leaders of the Almoravid
Almoravid
dynasty Ibn Rushd
Ibn Rushd
(Averroes) (1126–1198), philosopher and scholar Al-Qurtubi
Al-Qurtubi
(1214–1273) Shihab al-Din al-Qarafi
Shihab al-Din al-Qarafi
(1228–1285), Moroccan jurist and author who lived in Egypt Khalil ibn Ishaq al-Jundi
Khalil ibn Ishaq al-Jundi
(d. ca. 1365), Egyptian jurist, author of Mukhtasar Ibn Battuta
Ibn Battuta
(February 24, 1304 – 1377), explorer Ibn Khaldūn
Ibn Khaldūn
(1332/AH 732–1406/AH 808), scholar, historian and author of the Muqaddimah Abu Ishaq al-Shatibi
Abu Ishaq al-Shatibi
(d. 1388), a famous Andalusian Maliki
Maliki
jurist Qadi Iyad

Contemporary Malikis[edit]

Usman dan Fodio
Usman dan Fodio
(1754–1817), founder of the Sokoto Caliphate El Hadj Umar
Umar
Tall (1794–1864), founder of the Toucouleur Empire Emir Abdelkader
Emir Abdelkader
(1808–1883), Algerian sufi and politician, religious and military leader who led a struggle against the French colonial invasion Ahmad al-Alawi
Ahmad al-Alawi
(1869–1934), Algerian Sufi leader Omar Mukhtar
Omar Mukhtar
(1862–1931), Libyan resistance leader Abdallah Bin Bayyah Muhammad
Muhammad
Ibn 'Abd al-Karim al-Khattabi, Moroccan resistance leader. Abu-Abdullah Adelabu Sherman Jackson Salâh Ud Dîn At Tijânî Hamza Yusuf Suhaib Webb

See also[edit]

Sunni Islam
Sunni Islam
portal politics portal

List of Islamic scholars The Seven Fuqaha of Medina Adhan Islamic views on sin

References[edit]

^ a b c d Jurisprudence and Law – Islam
Islam
Reorienting the Veil, University of North Carolina (2009) ^ a b Hisham M. Ramadan (2006), Understanding Islamic Law: From Classical to Contemporary, Rowman Altamira, ISBN 978-0759109919, pp. 26–27 ^ a b c Vincent J. Cornell (2006), Voices of Islam, ISBN 978-0275987336, pp 160 ^ Abdullah Saeed (2008), The Qur'an: An Introduction, Routledge, ISBN 978-0415421256, pp. 16–18 ^ "International Religious Freedom (2000)".  ^ Bernard Lewis (2001), The Muslim Discovery of Europe, WW Norton, ISBN 978-0393321654, p. 67 ^ Wilfrid Scawen Blunt and Riad Nourallah, The future of Islam, Routledge, 2002, page 199 ^ Ira Marvin Lapidus, A history of Islamic societies, Cambridge University Press, 2002, page 308 ^ Camilla Adang, This Day I have Perfected Your Religion For You: A Zahiri
Zahiri
Conception of Religious Authority, pg. 17. Taken from Speaking for Islam: Religious Authorities in Muslim Societies. Ed. Gudrun Krämer and Sabine Schmidtke. Leiden: Brill Publishers, 2006. ^ Maribel Fierro, Proto-Malikis, Malikis and Reformed Malikis in al-Andalus, pg. 61. Taken from The Islamic School of Law: Evolution, Devolution and Progress. Eds. Peri Bearman, Rudolph Peters and Frank E. Vogel. Cambridge, Massachusetts, 2005. ^ Fierro, "The Introduction of Hadith
Hadith
in al-Andalus (2nd/8th - 3rd/9th centuries)," pg. 68–93. Der Islam, vol. 66, 1989. ^ Roland Anthony Oliver and Anthony Atmore, Medieval Africa, 1250–1800, Cambridge University Press, 2001, page 36 ^ a b Jamal Nasir (1990), The Islamic Law of Personal Status, Brill Academic, ISBN 978-1853332807, pp. 16–17 ^ Mansoor Moaddel, Islamic Modernism, Nationalism, and Fundamentalism: Episode and Discourse, pg. 32. Chicago: University of Chicago
Chicago
Press, 2005. ^ Reuben Levy, Introduction to the Sociology of Islam, pg. 237, 239 and 245. London: Williams and Norgate, 1931–1933.

Further reading[edit]

Cilardo, Agostino (2014), Maliki
Maliki
Fiqh, in Muhammad
Muhammad
in History, Thought, and Culture: An Encyclopedia of the Prophet of God (2 vols.), Edited by C. Fitzpatrick and A. Walker, Santa Barbara, ABC-CLIO Chouki El Hamel (2012), Slavery in Maliki
Maliki
School in the Maghreb, in Black Morocco: A History of Slavery, Race, and Islam, Cambridge University Press, ISBN 978-1107025776 Thomas Eich (2009), Induced Miscarriage (Abortion) in Early Maliki
Maliki
and Hanafi
Hanafi
Fiqh, Islamic Law & Society, Vol. 16, pp. 302–336 Janina Safran (2003), Rules of purity and confessional boundaries: Maliki
Maliki
debates about the pollution of the Christian, History of religions, Vol. 42 No. 3, pp. 197–212 FH Ruxton (1913), The Convert's Status in Maliki
Maliki
Law, The Muslim World, Vol 3, Issue 1, pp. 37–40, doi:10.1111/j.1478-1913.1913.tb00174.x

External links[edit]

Partial Translation of Mālik's Al-Muwaṭṭah University of Southern California Malikiyyah Bulend Shanay, Lancaster University Biographical summary of Imam Mālik Al-Risalah of 'Abdullah ibn Abi Zayd al-Qayrawani 10th century Maliki text on Islamic law, Translated by Aisha Bewley French translations of a variety of important Mālikī source texts (in French)

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