HANAFI SCHOOL OF ISLAMIC JURISPRUDENCE (Autosaved).docx

8/10/2019 HANAFI SCHOOL OF ISLAMIC JURISPRUDENCE (Autosaved).docx

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HANAFI SCHOOL OF ISLAMICJURISPRUDENCE

1. ORIGIN AND DEVELOPMENT OF HANAFI SCHOOL

History of the Fiqh is the history of Islam. Although the foundation of the fiqh

or Islamic jurisprudence was laid down in the epoch making period of

Prophet Muhammad (PBUH) the systematic work of codifications of Islamic

law was only commenced by Imam Abu Hanifa in the 2 nd century of Islamic

era at Kufa, the famous city of learning.

To trace the origin of Hanafi school of Islamic Jurisprudence,one must have

to look into the history of Kufa, the famous seat of learning.The city of kufa

was founded by the order of Umar the great ,the second caliph of islam. He

appointed Abdullah Ibn Masud asw Deputy , Instructor and mufti of the city.

He lived there for ten years and gave discourses in law and religion.

Ali, the fourth caliph of islam made Kufa his capital in 35 A.H. he was

himself a great jurist and scholars of Islamic learning. About one thousand

five hundred companion of the prophet (PBUH) took permanent settlement


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there. In this way Kufa grew up as a seat of learning under the able

patronage of Ali the fourth Caliph of Islam and Abdullah ibn masud.

The legal learning from hazrat ali and Ibn Masud reachest to alqana, aswad ,

Umar Ibn shaejeel and shuriah, the tabin and pupils of aforesaid

companions of the Prophet Muhammad (PBUH). After these scholars their

disciples Ibrahim Nakhai, shabi,Hasan basri and others also studied law on

the same lin and from these scholars Islamic learning reached to Hammad

Abi Sulaiman, who further developed Islamic legal learning. He was teacher

of Imam Abu Hanifa , the founder of the Hanifa school of Islamic

jurisprudence. Hammadwas agreat jurist . Regarding his mastery in law ,

Wakib Jarrah the great traditionalist of second century of Islamic era is

reported to have remarked, were it not for hammad there would be no

islamic jurisprudence in Kufa. The l egal learning from Hammad reached to

Abu hanifa , whose opinions were collected and preserved in writing by his

disciples and companions Yusuf , Imam Muhammad Shaybani transformed

the school of of the Hanafis .From kufa th is school spread throughout the

Arabia and other countries of the world. Today majority of the Muslims are

follower of this school.

Besides Hanafi school, Mal iki , Shafii and Han bali schools were also

founded in this golden period of learning. These four schools are known as

Sunni schools. The sunni are so called fro m their reception of the Sunna or

traditions as having authority having concurrent with the supplementary to


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the Quraan . The principles of these four supplementary schools are

substantially the same and they differ from each other only in the matter of

details. They are classed together in contradiction to the only other importantschool of Islamic Jurisprudence viz., the Siah school. This division arose only

due o political events of past , rather than to any general principles of law of

Jurisprudence.


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II. IMAM ABU HANIFA THE FOUNDER OF HANAFI SCHOOL

(80 A.H TO 150 A.H. 699 A.D. TO 767 A.D. )

Abu Hanifa an- Numan ibn T habit , commonly known as Imam Abu Hanifa ,

the founder of the most important of the Sunni schools was born in the year

80.A.H. at Kufa . He first studied scholastic divinity, but soon abandoned in

favour of Jurisprudence. He got an opportunity to meet Anas , a famous

companion of Prophet (PBUH) at the age of 12 or 13 years and attended the

lectures of Imam Jafar as Sadiq. Regarding his place in the history of fiqh ,

Abu Hanifa said , .

I have not seen a jurist of high rank like Imam Jfar as sadiq. In the year

100 A.H.., he joined the institute of Imam Hammad, the pupil of Ibrahim

nakha i , a prominent jurist of his time . He studied the fiqh and through

strenuous work and unparalleled skill, rose like the morning sun to shine like

the sunnat room in the word of Islamic Jurisprudence.

The traditionalists from whom he heard traditions were Ash-Shabi, Qatadah,Al-Amash etc. Abu hafsa kabir said, that he Hadith from 4000 scholars of

Hadith, but in Majmu al Mussanifeen , the number of scholars mentioned are

slightly above 300. Whatever , be the number of scholars from whom he

heard hadith, it is an admitted fact that he learnt Hadith fom as many


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scholars as possible, as he considered that of is not possible to study fiqh

without the study of hadith.

He was an independent, well off man , who made his living as a merchant ,

having a business in clothes. The performed Hajj several times.

After the death of his teacher, Hammad in 120 A.H., he succeded him and

started giving discourses in fiqh o the students and other persons who were

desirous to learn fiqh from him. His public lectures in kufa soon gave him

fame aqs a great jurist and his utterness gave him great weight, people

flocked daily to hear him and to question on the rituals and law. Abu hanifa

was endowed with talents of exceptional nature and had the truse jurists, gift

of detecting nice distinctions. He possessed remarkable power of reasoning

and deductions, which combined with the resources of a retentive memoryand a clear understanding brought him into rapid prominence as a master of

Jurisprudence. He trained a class of jurists who were not only experts in law

but also experts in various disciplines. The numbers of his pupils mentioned

by Abul Mohsin is 918 and in g brought him into rapid prominence as a

master og Jurisprudence. He trained a class of jurists who were not only

experts in law but also experts in various disciplines. This circle had the

grand collection of the derivation method of Hadhrat Umar Farooq, traditions

and fatwas of Hadhrat Abdullah bin Masood, rulings and thoughts of Hadhrat

Ali and the Hadiths and traditions of scholars of Hadith in Kufa. Imam Abu

Hanifah was bestowed matchless mind, power of understanding and


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derivation, expansion and depth in knowledge. He had good moral

characters and held a high position in fearing Allah, piety, righteousness and

nobility. He was prosperous, so he used to spend wealth wholeheartedly inthe path of Allah. He was famous in honesty in dealings and business.

Because of these virtues, his circle of teaching earned fame far and wide

and prominent scholars started to attend his classes where this generous

teacher encouraged them and discussed the academic matters openly. He

observed the Umayyad sultanate and witnessed its decline. The Abbasid

caliphate was established before his eyes. Some Alvis also made armed

efforts to gain power. Realizing them as able for the position, he extended

oral and financial support to them. When the Abbasid caliphate was

established the Caliph Mansoor offered him the post of Qazi, most probably,

in order to test his loyalty to his government. He denied it and as a

punishment was whipped lashes at public place and was put in to prison. He

was then about seventy years old. He continued teaching while he was in

prison and the punishment of whips also continued. Ultimately, he died in

prison in 150 H in the month of Rajab and was buried in the graveyard of

Khaizuran.


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III. LEGAL DOCTRINES OF HANAFI SCHOOL IT SALIENT

FEATURES

The expansion of Islam beyond the borders of Arabia, the foundation and

organisation of the caliphate, the extension of Islamic state and accession of

new lands into it, resulted into the contact of different cultures and races.

The simple Islamic society have to face various political , social and legal

problems. It was Imam Abu Hanifa , who felt the need of time and with a

sacred goal to preserve the divine law of Islam as ordinate by God in Quran

in the light of of the percepts of the Prophet (PBUH), he started systematic

study of Islamic Jurisprudence and began the codification of Islamic law. In

this work he was assisted by his learned disciples like Imam Abu Yusuf,Zafar ,Imam Muhammed , who were experts in various disciplines. He

formed a committe of 40 members of such experts and learned discussions

were held and consultations were made and a legal principle was thus,

established. However, the opinion of master Abu Hanifa) was generally

accepted by all. Here it is necessary to mention that he never imposed his

own ruling opinion but as his (opinion) was of such high calibre and logical

that it was accepted by all and in fact, real democratic spirit was maintained.


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IV. METHODS OF FORMULATING OF LEGAL PRINCIPLES

The Fiqh of Imam Abu Hanifah bears this characteristic that it was

collectively formulated. Hadhrat Umar Farooq populated the city of Kufa with

keen interest and sent Hadhrat Abdullah bin Masood as teacher and Qazi

with this letter: O people of Kufa! I pr efer you on myself by sending Ibn

Masood. So much of the companions turned to Kufa that it accommodated

more than one thousand companions. Hadhrat Ali Murtuza, the fourth Caliph

of Islam, made it his capital. Later, this city competed the cities of Makka

and Medina in Hadith and Islamic sciences. This city was newly built,

therefore the new coverts, who were from urban background and brought

with them an asset of Greek and Persian sciences and philosophy, inhabited

there in a big number. The mixing of Arabs with Iranian culture createdcountless many new problems and issues. On the other side, there came up

so many sects due to political differences and amalgamation of religions and

nations. Some of them were secretly involved in anti-Islamic efforts. One of

these phenomena was to forge false Hadith. Every sect forged Hadith to

support its view. The cities of Hijaz; Makka and Medina, were secure from

such kinds of special cases to an extent.

Hadhrat Umar Farooq had a special relation with Iraq. He himself sent

Hadhrat Abdullah bin Masood to Kufa. Hadhrat Umar was given the title of

Muhaddith from the Prophet (pbuh) i.e. 'his tongue and heart spoke


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according to the revelation'. There were several verses in the Glorious Quran

which were revealed according to his opinion. Hadhrat Umar Farooq

prevented the companions to go out of Medina in his time of caliphate. Heformed two groups among the companions. He used to consult smaller group

of the elder companions in special cases. And, whenever there happened to

occur any important matter he used to assemble all of the companions for

consultations. His style of derivation was that he used to deliberate in the

depth of the Quran and Hadith, used to keep the objectives of Shariah and

the interest of the Muslims before his eyes, observed the circumstances and

used to reach a conclusion by collective decision. His interpretative

judgments and Awwaliyaat (pioneering judgments) are well known, and they

not only played a key role to enliven the Islamic Shariah in the wide Islamic

caliphate but also provided a firm basis for his successors. This style of

derivation was circulated in Kufa by Hadhrat Ali and Abdullah bin Masood.

Hadhrat Ibn Masood and his disciples, Alqamah and Ibrahim Nakhee, on

one hand applied strict laws in accepting narrations so that no false Hadith is

accepted. On the other hand, they avoided attributing Hadith directly to the

Prophet (pbuh) and liked to narrate attributing to companions and Tabeens

lest an incorrect meaning is associated to the Prophet (pbuh). Thirdly, they

applied their reasons and issued fatwas. These were the characteristics and

styles that Imam Abu Hanifah inherited.


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DISCIPLES OF IMAM ABU HANIFA

Imam Abu Hanifa was the founder of Hanafi School and the work which he

did in the domain of Jurisprudence, he was assisted by his disciples, who

were themselves expert in different disciplines and well versed in law. They

further developed the cause of legal learning inherited from his great master,

Imam Abu Hanifa. Imam Abu Hanifa had many disciples, prominent among

them were:

1. Imam Zafar

2. Imam Abu Yusuf

3. Imam Mohammad Shajbani

4. Imam Hasn Ibn Ziyad

(1) Imam Zafar and his contribution to science of Islamic Law

Imam Zafr Ibn Huzail Ibn Qees Kufi was born in the year 110 A.H. He

first studied Hadith, then joined as a student of Fiw=qh in the institute

of Imam Abu Hanifa and became Imam of Qiyas. He devoted his

whole life towards the cause of learning and died in 1.58 A.H.

(2) Imam Abu Yusuf Ibn Ibrahim Ansari and His contribution of Islamic

Jurisprudence


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Imam Abu Yusuf (Ya akub ibn Ibrahim Ansari al -Kufi ) was born in

113.A.H. at Kufa.he learnt ahadith from Hisham Ibn Uruta and Abu

Ishaq, and achieved fame as traditionalists admitted his perfectnessand ablity as a traditionalists or Muhaddth. He first learnt fiqh from

Qadi AB=by Abi laila and the became pupil of Imam Abu Hanifa and

got fame as a jurist. He greatly assisted Imam Abu Hanifa in the

codification of law. Regarding his contribution to Hanafi school of

Jurisprudence: Joseph Schact aptly remarked The activity of Abu

Yusufand Shajbani transformed the school of the kufa into the school

oh Hanafis . He was appointed as Qadi of Baghdad by the Caiph al -

Hadi and subsequently he was raised to the dignity of Qazi Quddat or

Chief Judge for a long period. A collection of the decisions of Abu

Yusuf was published under the auspices of the vazir of Harun, Jaffar

ibn Yahya Barmaki, and is called the Fatawa Baramaki. It is frequently

referred to by text writers.

The name of Imam Bu Yusuf is also associate by the canon ;law in the

government of the state.In fact he was the author of several books is

Kitab-al-ihktilaff-Abu- Hanifa wa Ibn Abi laila.In fact he was authors of

several books in which he not only preserved the doctrines of his

master but added his own experiences in the implementation of Islamic

law as he acted as the Chief Judge of the state. He great jurist died in

110 A.H.


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(3) Imam Mohammed Ibn Hasan Shaybani

and His contribution to Fiqh Muwatta and hearing more than 700

traditions. After the death of Imam Abu Yusuf he was appointed as a

Chief Judge by Caliph Harun al-Rashid. He was a great Scholar of

Quran and traditions and a jurist ofIma m Mohammed Ibn Hasan

Shaybani was born in 132 A.H. (792 A.D.)

H e was pupil of Imam Abu Hanifa and after his death (Abu hanifas)

he completed his study of Fiqh under Imam Abu Yuasuf. He went to

madina +and spent 3 years, learning Hadith from Imam Malik studying

the high rank. Amon g his disciples, prominent were Iimam Shafii, Abu

Ubaid Al Qasim Ibn Sallam and Hisham Ibn Ubaidullah Al-Razi.

In deciding cases or formulating legal principles he also considered

Quran and Hadith to be fundamental sources. This shows itself not

only in changes of doctrine under the influence of traditions, but in his

habit of duplicating his systematic reasoning by arguments taken from

traditions. Systematic reasoning of high high quality is the feature most

typical of Shyabanis technical legal thought s, he was truly the great

systematizer of the Hanafi doctrine.


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Shaybanis technical legal thought is by far superior to that of his

predecessors, it is the most perfect of his kind that was to be achieved

before Imam Shafii. He was the great systematizer of the hanafiSchool and wrote many books and it was through his voluminous

works that the fiqh of Imam Abu Hanifa reached to us. Among his

numerous works the prominent are Jami-al-saghir, Mabsut and Al

Sivaral Saghir . He died at Rai in 187 (802 A.D.).

(4) Imam Hasn Ibn Ziyad

He was also pupil of Imam Abu Hanifa and was a great jurist. In

formulating leagal principles, he accepted Quran, Hadith, Qiya and

Ijma as sources of law and he was expert in deducing law by the

method of Qiyas. He also acted judge and died in 204 A.H..


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MAJORITY OF MUSLIM POPULATION IS FOLLOWER OF

HANAFI SCHOOL

The Hanafi school achieved such popularity that it is at present followed by

the majority of Muslims. The causes of its popularity are any. One fact which

is admitted by all is that Imam Abu Hanifa trained his disciples and left a

class of jurists who were respected by all and whose voluminous standard

books were widely read. The contemporary rulers appointed them to the

highest post of judiciary, in this way the school of Abu Hanifa got publicity

and popularity due to the work of his learned disciples. In addition to these

contributing factors the following main features are responsible for the

popularity of Hanafi School:

(1) The Hanafi system of Jurisprudence shows more adaptability and

flexibility and reduce the rigidity of law.


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(2) The Hanafi system is simple to understand at its approach towards

legal problems is a pragmatic one which can be practised and

followed easily.(3) Abu Hanifa founded his system of law one true spirit of the teachings

of the Prophet (PBUH) keeping the welfare of humanity, always in

view.

(4) In matters of transactions (Muamalah) its view are more liberal.

(5) The views about non-muslims are more liberal, in fact, the hHanfi

School advocated legitimate rights to non-muslims in an Islamic state.

(6) The argumentation in Hanafi system is more powerful and perfect with

clear proofs, evidences and just reasoning .


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PrincipalBooks

After the collective compilation of the Fiqh matters, some companions of

Imam Abu Hanifah wrote books. There is no book recorded on Fiqh by Imam

Abu Hanifah. But, the books of his disciple Imam Muhammad Shaibani are

considered to the first and foremost source of Hanafi Fiqh. In Fiqh Hanafi

there arethreetypesofbooks:

(1) ZahirAl-Riwayah

(2) Nawadir

(3) FatawaandWaqi;aat.

The contents of Zahir Al-Riwayah are most trusted ones. Zahir Al-Riwayah is

a collection of six books written by Imam Muhammad.

1.) Al- Jame Al -Sageer: Eisa bin Aban and Muhammad bin Samaah

narrated this book from Imam Muhammad. In this book, Imam Muhammad

narrated from Imam Abu Hanifah through Imam Abu Yusuf. But, this book

does not contain proofs.

2.) Al- Jame Al -Kabeer : This book is like the previous one, but it deals

with the subjects in details.

3.) Ziyadaat: This is the complementary of Al- Jame Al-Kabeer.


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4.) Al-Mabsoot : This is also known as Al -Asl. In this book, Imam

Muhammad has collected the thousands of Mas'alas that were derived by

Imam Abu Hanifah. This book deals with Ahadith that is followed by Mas'alas

and the variant opinions of the contemporary Ulama.

5.) Al-Siyar Al-Sageer : This book deals with the subject of Jihad an

internationallaws.

6.) Al-Siyar Al-Kabeer: This is his last Fiqhi book that was narrated

by Abu Sulaimanauzjani.

Muhammad bin Ahmad Marwazi, known as Hakim Shahid, amassed all of

Imam Muhammads books with the name of Al -Kafi after the deletion of

repeated matters. Imam Sarkhasi has written its detailed commentary named

as Al-Mabsoot.

Nawadir comprises the matters that are found in books other than the books

of Imam Muhammad or in the books of Imam Abu Yusuf or Imam Hasan bin

Ziyad. The collection ofNawadirconsistsof:

1.) Harooniyaat: Imam Muhammad dictated it in the reign of Caliph

Haroon Al-Rashid, this book is attributed to the Caliph.

2.) Kisaniyaat: The narrations of his student Shoaib bin Sulaiman

Kisani.


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3.) Ruqyaat: These are the matters that he expressed while he was

Qazi.

4.) Kitabul Mujarrad: It is written by Hasan bin Ziyad.

5.) Kitabul Amali: It is attributed to Imam Abu Yusuf.

Nawazil were the Mas'alas about which there was no mention in the

aforementioned books and the succeeding scholars of Fiqh derived solutions

keeping these books before them. Kitab Al-Nawazil of Abul Lais Samarqandi,

Majmooun Nawazil wal Waqiaat of Natifi and Al -Waqiaat of Sadr Shahid

are well known among scholars.


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MALIKI SCHOOL OF ISLAMIC

JURISPRUDENCE

ORIGIN AND DEVELOPMENT OF MALIKI SCHOOL

Madina os the sacred city of Islam,where Prophet Muhammmad

(PBUH)spent laterpart of his life after Hijra in 622A.D. and established

Islamic state. From this holy city the teachings of Islam spread throughout

the world. Maliki svhool of Islamic Juridprudence which is also known as

Madani School commenced its life from this city of earning.In tracing the

history of Maliki school of law, we must take into account the names of the

great jurists Umar the great, Ayesha the wife of Prophet(PBUH), Zaid Ibn

Thabit Abdullah Ibn Umar and Abdullah Ibn Abbas. The legal learning of

Islam from theses companinons of the Prophet(PBUH) reached to the seven

lawyers of Medina, Ubaidullah b. Abdullah b. Utba; Urwa b. Zubair, Qasim

Ibn Mohammed ,Said . musayib Sulaiman b.. Yasar, Kharija and Sallam Ibn

Abdullah Ibn Umar. After these seven lawyers the legal learning reached to

Ibn Shab,Nafi,Abulzinad, Yahya Ibn Sayeed and Rabia b. Ali. From these

jurists the legal learning reavjed to Imam Malik, The founder of the Maliki

School of Islami Jurisprudence. The Maliki school flourished originally at


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Madina later on, it spread into other parts of Arabia, from Aabia it spread into

Egypt and other countries of the World.

IMAM MALIK IBN ANAS (93A.H. 179 A.H. OR 713 A.D. 795 A.D.)

His full name was Abu Abdullah M lik ibn Anas ibn M lik Ibn Ab ' mir Ibn

'Amr Ibnul-H rith Ibn Ghaim n Ibn Khuthail Ibn 'Amr Ibnul-Haarith .

Malik was born the son of Anas ibn Malik ( not the Sahabi ) and Aaliyah bint

Shurayk al-Azdiyya in Medina circa 711. His family was originally from the al-

Asbahi tribe of Yemen , but his great grandfather Abu 'Amir relocated the

family to Medina after converting to Islam in the second year of the Hijri

calendar , or 623 CE. According to Al-Muwatta, he was tall, heavyset,

imposing of stature, very fair, with white hair and beard but bald, with a huge

beard and blue eyes .[1]

Teachers [ edit]

Living in Medina gave Malik access to some of the most learned minds of

early Islam. He memorized the Quran in his youth, learning recitation

from Abu Suhail Nafi' ibn 'Abd ar-Rahman , from whom he also received

his Ijazah, or certification and permission to teach others. He studied under

various famed scholars including Hisham ibn Urwah , Ibn Shihab al-Zuhri ,

and along with Abu Hanifa , the founder of the Hanafi Sunni Madh'hab -

and under the household of the Prophet's lineage, Sh` Imm Jafar al

Sadiq .[3] This fact may explain the mutual respect and relative peace that

has often existed between the Hanafi and Maliki Sunnis, on one hand, and

the Shi`is on the other.He was also a pious man with independent character
http://en.wikipedia.org/wiki/Anas_ibn_Malikhttp://en.wikipedia.org/wiki/Anas_ibn_Malikhttp://en.wikipedia.org/wiki/Medinahttp://en.wikipedia.org/wiki/Medinahttp://en.wikipedia.org/wiki/Medinahttp://en.wikipedia.org/wiki/Yemenhttp://en.wikipedia.org/wiki/Yemenhttp://en.wikipedia.org/wiki/Yemenhttp://en.wikipedia.org/wiki/Islamhttp://en.wikipedia.org/wiki/Islamhttp://en.wikipedia.org/wiki/Hijri_calendarhttp://en.wikipedia.org/wiki/Hijri_calendarhttp://en.wikipedia.org/wiki/Hijri_calendarhttp://en.wikipedia.org/wiki/Hijri_calendarhttp://en.wikipedia.org/wiki/Muwatta_Imam_Malikhttp://en.wikipedia.org/wiki/Muwatta_Imam_Malikhttp://en.wikipedia.org/wiki/Muwatta_Imam_Malikhttp://en.wikipedia.org/wiki/Malik_ibn_Anas#cite_note-Sunnah.org-1http://en.wikipedia.org/wiki/Malik_ibn_Anas#cite_note-Sunnah.org-1http://en.wikipedia.org/wiki/Malik_ibn_Anas#cite_note-Sunnah.org-1http://en.wikipedia.org/w/index.php?title=Malik_ibn_Anas&action=edit&section=2http://en.wikipedia.org/wiki/Hafiz_(Qur%27an)http://en.wikipedia.org/wiki/Hafiz_(Qur%27an)http://en.wikipedia.org/wiki/Hafiz_(Qur%27an)http://en.wikipedia.org/w/index.php?title=Abu_Suhail_Nafi%27_ibn_%27Abd_ar-Rahman&action=edit&redlink=1http://en.wikipedia.org/w/index.php?title=Abu_Suhail_Nafi%27_ibn_%27Abd_ar-Rahman&action=edit&redlink=1http://en.wikipedia.org/w/index.php?title=Abu_Suhail_Nafi%27_ibn_%27Abd_ar-Rahman&action=edit&redlink=1http://en.wikipedia.org/wiki/Ijazahhttp://en.wikipedia.org/wiki/Ijazahhttp://en.wikipedia.org/wiki/Ijazahhttp://en.wikipedia.org/wiki/Hisham_ibn_Urwahhttp://en.wikipedia.org/wiki/Hisham_ibn_Urwahhttp://en.wikipedia.org/wiki/Hisham_ibn_Urwahhttp://en.wikipedia.org/wiki/Ibn_Shihab_al-Zuhrihttp://en.wikipedia.org/wiki/Ibn_Shihab_al-Zuhrihttp://en.wikipedia.org/wiki/Ibn_Shihab_al-Zuhrihttp://en.wikipedia.org/wiki/Abu_Hanifahttp://en.wikipedia.org/wiki/Abu_Hanifahttp://en.wikipedia.org/wiki/Abu_Hanifahttp://en.wikipedia.org/wiki/Hanafi_Sunnihttp://en.wikipedia.org/wiki/Hanafi_Sunnihttp://en.wikipedia.org/wiki/Madh%27habhttp://en.wikipedia.org/wiki/Madh%27habhttp://en.wikipedia.org/wiki/Shia_Islamhttp://en.wikipedia.org/wiki/Shia_Islamhttp://en.wikipedia.org/wiki/Imamah_(Shia_doctrine)http://en.wikipedia.org/wiki/Imamah_(Shia_doctrine)http://en.wikipedia.org/wiki/Jafar_al_Sadiqhttp://en.wikipedia.org/wiki/Jafar_al_Sadiqhttp://en.wikipedia.org/wiki/Jafar_al_Sadiqhttp://en.wikipedia.org/wiki/Malik_ibn_Anas#cite_note-autogenerated1-3http://en.wikipedia.org/wiki/Malik_ibn_Anas#cite_note-autogenerated1-3http://en.wikipedia.org/wiki/Malik_ibn_Anas#cite_note-autogenerated1-3http://en.wikipedia.org/wiki/Malik_ibn_Anas#cite_note-autogenerated1-3http://en.wikipedia.org/wiki/Jafar_al_Sadiqhttp://en.wikipedia.org/wiki/Jafar_al_Sadiqhttp://en.wikipedia.org/wiki/Imamah_(Shia_doctrine)http://en.wikipedia.org/wiki/Shia_Islamhttp://en.wikipedia.org/wiki/Madh%27habhttp://en.wikipedia.org/wiki/Hanafi_Sunnihttp://en.wikipedia.org/wiki/Abu_Hanifahttp://en.wikipedia.org/wiki/Ibn_Shihab_al-Zuhrihttp://en.wikipedia.org/wiki/Hisham_ibn_Urwahhttp://en.wikipedia.org/wiki/Ijazahhttp://en.wikipedia.org/w/index.php?title=Abu_Suhail_Nafi%27_ibn_%27Abd_ar-Rahman&action=edit&redlink=1http://en.wikipedia.org/wiki/Hafiz_(Qur%27an)http://en.wikipedia.org/w/index.php?title=Malik_ibn_Anas&action=edit&section=2http://en.wikipedia.org/wiki/Malik_ibn_Anas#cite_note-Sunnah.org-1http://en.wikipedia.org/wiki/Muwatta_Imam_Malikhttp://en.wikipedia.org/wiki/Hijri_calendarhttp://en.wikipedia.org/wiki/Hijri_calendarhttp://en.wikipedia.org/wiki/Islamhttp://en.wikipedia.org/wiki/Yemenhttp://en.wikipedia.org/wiki/Medinahttp://en.wikipedia.org/wiki/Anas_ibn_Malik


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and gave decisions never bowed before political aMuhammad uthorities and

gave decisions without any bias. He supported Nafees Zakia Alvi by his

Fatwa against Caliph Mansur Abbasi, for which he was flogged 70 times by

Jafer Abbasi, the brother of Mansur.he s[ent his 50 years of life in th study

of Jurisprudence and Hadith and died at the age of 85 in the year of 179

Islamic Era in Medina and buried in al-baki. After his death his disciples

continued to work on the same line and spread the doctrines of tye school in

many countries in the world.


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IMAM MALIK AN ESTIMATE

A Traditionalist as well as Great Jurist

Imam Malik was a great traditionalist as well as a juruist of high

rank. He studiedfiqh under the great jurist Rabia Ibn Farruh known

as Rabiat-al-aray and others. Even his teachers admitted and

appreciated his proficiency and great ability in fiqh and hadith. He

was a great Muhaddith. Regarding his position in the history of fiqh

and Hadith, Imam Shafi said He was a like a shining star in the

sky of knowledge. Imam Bukhari said that his chain of

transmission of Hadith was more perfect and authentic.

His Greatest Contribution is His Book Muwatta


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Imam Maliks greatest contribution is his book Muwatta. Regarding

the importance of this book, Imam Shafis remarked, Beneath thrc

sky, on earth, no book after Holy Quran is more authentic than

Muwatta-e-Imam Malik. Such is the importance and eminence of

the contribution of Imam Malik.

A great true lover of the Legal Learning ,Traditions , Usages and

Practices of Madina.

Imam Malik was of the opinion that legal learning, if not confined to

Madina , was mostly to be found there, meaning during the time of

the companipns and their successors, and that special sanctity

attached to that sacred city, as it was the place where the Prophet

(PBUH) took refuge and carried out the greatest part of his

mission.

In fact, Madian was the house of the Prophet(PBUH).

Consequently all Madinees were his companions and devotees,

they had opportunity to study the Prophet(PBUH) closely.Every

word and every action of the Prophet (PBUH) was recorded in the


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hearts of the people with that true uslamic spirit was reflected in

their deeds and practices. Therefore, he preferred the traditions

which were transmitted through madinees and Ijma and practices of

madina but he nowhere referred that the Ijma and practices of

others places were not admissible or valid in the eye of law. He

wanted to preserve them and desired the people must share the

light of Madina as the practices of Madina exhibited the true spirit

of Islam and In fact, where the decisive foundations of the Islamic

Jurisprudence were laid down.

Pious Man with Independent Character

He was pious man and devoted his whole life for the progress and

development of Islamic legal learning.

He was of independent character and was never influenced by the political

authorities and delivered impartial decisions without any bias. Striking

example is that he supported Nafees Zakia Alvi by his famous fatwa againt

the abbasi Caliph Mansur.As a great scholar of Islamic Jurisprudence he got

respect from public as well as from rulers. It is saud that Harun Rasheed

used to visit to hear Muwatta and gave great respect to him.


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LEGAL DOCTRINES OF MALIKI SCHOOL ITS SALIENT

FEATURES

Method of formulating Leading Principles

Imam Malik was a great jurist as well as a great Traditionist. His doctrines

were not, essentially different from those of Abu Hanifa. His first source was

, essentially the Holy Quran and then com e the traditions of the Prophet

(PBUH). Among traditions of the prophet (PBUH), he preferred the traditions

which were collected and narrated by the traditionist of Madina. After

percepts of the Prophet (OBUH), the other souces of law are Ijma and

Tamul or usages of the Madina as he considered that thew practices of the

people of Madina exhibited the true spirit of Islam. Finally, the last two

sources of law for him werec Qiyas and Istislah . He did not rely much on

Qoiyas like Imam Abu Hanifa. This was the procedure adopted by Imam

Malik in deciding legal problems.


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He learned More Upon Traditions and Usages of Madina

Imam Malik learned more upon traditions and the usages of the Prophet

(PBUH) and the precedents established by his companions.He upheld the

exercise of judgement ehen the other sources failed. He attached a

prepondering weight to the usages and customs of Madina , relying on the

presumption that they must have been transmitted from the times of the

Prophet (PBUH). It will be seen that hrer the historical weight of the place

came bear. Further, Malik Ibn Anas was a practical jurist, a working

judge.He was occupied in meeting real cases day to day. When he sat in

public and judge the people or with his pupils around him and expounded

and developed the law, He could look back upon a line of Lawyers who had

sat in his place and done as he was doing. However, he deferred from them

in this respect that he was in practical touch with actual life that was one

point, and secondly, He was in the direct line of the apostolic succession,

and in the precise environment of the Prophet (PBUH) .

Imam Malik and Ijma or Consensus Of Opinion

Another conception which Malik and his School developed into greater

exactitude and force was that of the agreement (Ijma). The Malikis


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recognised the validity of Ijma of the companions and their successors

reciding at Madina without reference to the opinion of others.

Imam Malik says that, Sacred learnings if not confined to Madina , was

mostly to be found there, meaning during the time of the companies and

there successors, and that special sanctity attached to that sacred city, as it

was the place where the Prophet (PBUH),took refuge and carried out the

greater part of his mission. Against this claim, it is urged that man, leaned in

the Quran , the Hadith, and the law, dispersed to all parts of Arabia , some

during the Prophet (PBUH), lifetime , and others after his death. They

Further point out that Mecca is no less sacred than Madina. Two traditions

are also relied upon in support of the Maliki view. Madina throws out its

drops as fire the drops of metal; and Islam will stick to, as a serpent to its

hole. These traditions are , However, interpreted by other jurists as being

merely indicative of the sacred character of the city. It maybe mentioned that

according to Ibn Bukair and Ibn Yaqubaar Rada, it was the opinion of Malik

that Ijma is confined to the man of Madina. But this is not the accepted

Maliki doctrine.

Imam Malik and Qiyas


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Qiyas is defined by Maliks as The accord of a deduction with the original

text in respect of the Illat or effective cause of its law . In principle all the

three Imam, Abu Hanifa , Mlik and Shafi accepted Qiyas or analogicaldeduction but Imam Malik who was a devotee of traditions and who was

known as the Emperor of traditionist had full knowledge of not only thev

sayings of the Prophtet (PBUH) but also of the customs of Madina and

sayings of the companions ,with the result, that whenever he was confronted

with any problem, his mind used to present before him similar cases from the

practise of the companions and customs. Consequently, He used this

method i.e, Qiyas casually.

An analogical deduction may be founded according to the Maliks on the law.

repealed or by a unanimous decision of the learned, And according to some

Shafii is and Hanbalis it may also be based on another analogical deduction

the rule sp deducting it deduced must not be opposed to a text nor covered

by the verse of a text. In other words, An Analogical deduction is to be in the

nature of a corollary of the text law.The reason why Malikis do not allow an

Analogical deduction to be made from another such deduction is, thus,

stated, either the effective cause on which the second deduction is sought to

be based is the same as of the original text in which case it becomes

superfluous to refer to the intermediate propostion ,it is not .If the latter , then

the first deduction would itself be bad .


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The accepted doctrine of the Maliki school itself of course ,is to great extent

founded on individual reasoning (ray)but they combined extensive use of

ray with dependence on living traditions .

Maliki Doctrine Of Public Good (Istislah)

Imam Malik propounded a doctrine somewhat similar to juristic equity or

preference. He would allow a deduction of lwac to be based on gemeral

consideration of the public good (Masalihul Mursala wali istislah) and

Imamul Heramin also held a similar view.

In the schoo, of Imam Malik subjective elemnt ray has been recodnised as

legitimate, it is called Istislah(consideration) of what is beneficial or

expedient) maslaha muraat al-aslah. This right to set aside the rulong

based on the methodologaical analogy in favour of the judgement of a

competent jurist, when considerations of expediency of justifying it reminds

one if the Roman Corrigere jus proper utilitatem publican with the

differences that in Islam such consideration must not be against the original

textual law or its spirit. Regarding the doctrine of Istislah statement of

Duncan B. Mc Do nald in Developmet of Muslim theology, capital

jurisprudence and constitutional theory it noteworthy But though the

speculative in the school of Malik, part from its local and historical

environment which gave it unfying weight, was essentially the same as in


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school, of Abu Hanifa, yet it is true that Al-Madina it played a less important

part. Malik used traditions more copiously and took refuge in opinion less

frequently. Without opinion, he could not have built hizx system ; but for himit was not so much a primary principle of great freedom he did derive from it

and lay down the with clearencess it is the conception of the public

advantage (Istislah) when rule would work general injury it is to be set aside

even in the teeth of a vali9d analogy 6

This, it will be seen is nearly the same as the preference of Anu Hanifa. The

technical term Istislah, choosen by Malik to express his idea, was probably

intended to distinguish from that of Abu Hanifa, and also to suggest in thge

public advantage(maslaha) a more valid basis than the mere prefernce of

the legist. 1

There is no great distinction between the principle of Istihsan of Imam Abu

Hanifa and the Maliki doctrine of Public Good as the aim of both is to reduce

the rigidity of law in the interest of Public good or welfare, Which is the basic

aim of Islamic legislation.

Inspite of the utility and soundness of this doctrine it seems that the Maliki

jurists did not took full advantage of this principle and it would seem that

many followers of that school like the Hanafi doctors consider the doctrine to

be too vague and general to be useful in making legal deductions. Further,

a case which is cited as an illustration of the application of the doctrine


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cannot be said to be a happy one.For Instance,some Maliki jurists have

invoked this doctrine to justify the use of force to a person accused of theft

to make him confess. It is, However, pointed with reference to this case thatit is better that a guilty person should escape than that an innocent man

should be subjected to ill-treatment.

However,the Istislah as a principle of public utility is sound one, only thing is

that in its application, strict care must be taken so that it may not exceed the

limit and must be within the ambit of textual law of Islam. One striking

example of a decision of Imam Malik regarding lost husband, he decided

keeping in view of the welfare of the society and the wife that she could

marry after a lapse of four years 1.

Istihsan and Istidlal : Malikis view

Malaiks accepted Istihsan as principle of law but their conceptions slightly

differ and they developed a similar doctrine Istislah or public good, which

means a deduction of law based on consideration of public good. The word

Isidlal in ordinary use means the inferring of a thing from another thing.

Maliki use it as a distinct method of juristic ratiocination not falling within the

scope for interpretation or analogy. Qadi Wadud says thatthe doctrine of

Istihsan and Maliki view the practices of people of Madina can be basis of


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Istidlal nowhere he had mentioned that the practices or usage of their places

are not permissible and only the usages or practices of Madina are

permissible2

.

We cam conclude that the Imam Malik based this legal doctrines on he

following sources.

1. Holy Quran

2. Ahadith Rasul (PBUH) Traditions of Prophet (PBUH)

3. Assar Ahl-e-Madina

4. Tamul Ahl-e-Madina

5. Qiyas (Analogical deduction)

6. Istislah

Among these sources he leaned more on traditions of the Prophet (PBUH)

and usages of Madina.


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IMAM MALIKS WORKS IN HADITH AND ISLAMIC LEGAL

LEARNING

Imam Maliks great work is the Kitab -al-Muwatta (paved way).It is the oldest

corpus jury of the Sunni branch of Islamic Jursipudence that has survived

from the early period of Fiqh.

This grear work, according to gold Ziher,surpassed all its contemporaries

works and created an organic synthesis of the four roots if Juriprdification of

jurisprudenc e in the chapters of the private law. Imam Maliks Muwatt a

represents a codification of the fiqh as it developed in the Hijah in its

theological centre Madina. Its object is to give a survey of law and justice

ritual and practis e of religion according to the Ijma of Islam in Madinaaccording to the Sunna usual in Mmadina and to create a theological

standard for matter which not settled from the point of view of Ujma and

Sunna in a period of recognition and appreciation of the canon law under

the early Abbasids their was a practical intere st in pointing out a smooth

path(This is practically what of muwatta means) thr ough the far reaching

references of opinion even in the most elementary questions. Malik desired

to help this interest on the basis of the practise in Hijas and to codify and

systematic the customary law of Medina. Traditions, which he interprets from

the point of viewof practise is with him not an and but a means, the older

jurist are therefore, hardly ever quoted except as authorities for Malik


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himself. As he was concerned only with the documentation of the Sunna and

not with criticism of its form. The Muwatta represents the transition from the

simple Fiqh of the earliest period to the pure science of Hadith of the laterperiod. Malik was not alone among his contemporaries in the composition of

the Muwatta :al-Madjashun (died 164) is said to have dealt with the

consensus of the learneds of the Madina without quoting the pertinent

tradition. And works quite in the style of the Muwatta are recorded by several

Madina scholars of the same time , but nothing of them has survived to us.

Thee success of the Muwatta is due tp the fact that it always takes an

average view or adopt middle course on dispute point Imam Maliks Muwatta

got so much respect and fame that every scholar felt proud to refer it. The

Abbasid Caliph like Harun-al-rashid, Ameen and Mamun consult it. No book

in Hadith got such fame and no other work in authority can be compart with

Muwatta. Therfore, Imam Shafii aptly remark that beneath the sky on the

earth, no book after holy Quran is so authentic like Muwatta. Imam Malik

had based his fiqh on the tradition of Hadith whether it may be Musnad or

Mursil Abu Bakar ab Hari stated that in Muwatta the total number of Mutassil

(connected) Ahadith are 1720 and among them 600 are Musnat, 200 Mursil

disconnected 630 Muwqoof and 275 are the qual of Tawayin (savings of

tawayin) 15 recensions in allof the Muwatta are known, only two of which still

survive in their entirety, while some 5 where studied in the 3/6 century A.H.

in Spain and 12 were still available to Al-rudani (died 1094).


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Comparision and notable differencebetween Hanafi and Maliki schools

Prayers:

Hanafis say praying witr is Wajib or obligatory and that missing it is sinful.

Malikis say that praying witr is Sunnah or strongly reccomended and that

missing it is not sinful.

Hanafis say missing stressed-Sunnah prayers regularly without an excuse is

sinful.

Malikis say that missing stressed-Sunnah prayers, well most of them are not

even stressed-Sunnahs but in fact Fadila or a weaker Mandub

(reccomended) action EXCEPT for Witr which is Sunnah and 2 rakàt before

Subh which is Sunnah (there are 3 more Sunnahs you can look up in Malikifiqh books).

Hanafis pray one Salatul Witr while Malikis pray 2 rakaàt Salat al-Shaf` and

then 1 rakàt Salatul Witr.


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Hanafis pray with their hands folded up while Malikis pray with their hands to

their sides.

Malikis believe you cannot pray behind a sinful Imam who has not done

tawba or - in some opinions - an Imam who is just doing it to show off. No

clue what the Hanafi view is. Malikis say that if you prayed to the wrong

direction by mistake it is only reccomended to repeat the prayer and not

obligatory. Malikis do not read the du`a before the Fatiha or the Basmala in

prayers.

Marriage:

Hanafis believe marriage can simply be carried out through a groom and

bride offer and acceptance in front of 2 Muslim witnesses - on the condition

that the witnesses know that they are witnessing a marriage and that they

are suitable matches for each other.

In the Maliki school the marriage must have a Wali for the female along witha dowry, and a groom and bride with an offer and acceptance and the

publicizing of the marriage and witnesess.

Beards:


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The Maliki school believes the beard is what is above and below the teeth.

Shaving the moustache is an innovation. There is difference of opinion on

the matter but the beard is allowed to be trimmed short.

Hanafis believe in fist-long beards which include the side-burns.

`Awrah:

The Malik i school believes that the knee of a man is not included in his

`Awrah (what is between the navel and the knees) while other schools

include the knee.

Niqab:

The Maliki school does not believe that face-veil is required in some opinion.

There is difference of opinion if the girl is young and attractive.

Hanafi school believes in niqab or face-veil for women.

Food:

The Maliki school believes it is NOT sinful to eat sea food other than fish.

Hanafis do not eat seafood other than fish. The Maliki school believes that

eating dogs, horses, mules, frogs, and bugs are not forbidden. Other schools


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have stricter prohibitions on food. In the Maliki school the only 4 forbidden

things to eat - Alcohol, Sudaie-Family products (pigs), Human Being, and

something which is Najas or Filthy under Maliki law.

Shaving pubic hair:

The Maliki school, according to the GH, does not find it sinful to not shave

one's pubic hair, armpit hair, etc. while other schools find it sinful.

Documents

HANAFI SCHOOL OF ISLAMIC JURISPRUDENCE (Autosaved).docx