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Malikism

The Maliki ( Arabic : , kabyle : Damalki) is one of the four madhhab (school) classical Islamic law Sunni. It is based on the teachings of Imam Malik ibn Anas (711-795) (and his followers), theologian and legislator who lived in Medina. It is the majority in North Africa and that West Africa , is found in Egypt , the Sudan and some countries of the Gulf ( Kuwait , Qatar , Bahrain ). Followed by about 20% of Muslims, is the third school in number of practitioners, and well attended in France where she became the first school in this country.

It differs essentially from three other schools from sources it uses to determine the case. If the four schools all use the Koran , the Sunna and the ijma (consensus of experts) and analogies ( qiyas ), the malikism also uses the practices of the early Muslim inhabitants of Medina (Amal ahl al-medina) as source of jurisprudence ( fiqh ).

Summary

Formation of the madhhab

Imam Malik reported the hadith and discussing their meanings in context. Either he quoted the hadith and athaars (sayings of the Sahabah) on areas of the shari'a by discussing the consequences arising there from, or he asked his students if there was a problem in their countries which they could attempt to resolve.

After completing his book al-Muwatta , he recited his students with variations by adding or subtracting some hadiths as he received new information.

He scrupulously avoided the hypothetical fiqh, and his school was attached to the "people of hadith" (ahl al-hadith) as opposed to "people of reason" ( ahl al-Ra'y ).

Sources and methodology

Sources are in order of importance:

  1. The Koran : it is the primary source and Imam Malik applied it without any restrictions.
  2. The Sunnah : Just as Abu Hanifa , Malik imposed some restrictions on its use: if a hadith contradicts the practice of Medina, he rejected it. However he did not ask that the hadith is known (mash'hour) to apply, unlike Abu Hanifa , he used everything as long as the hadith narrators were reliable and were not the forgers of hadith or Memory low.
  3. The practice of Medina (amal ahl al-Madinah): Imam Malik argued that since many of Medina were descendants of Sahabah and that was the place where the Prophet had spent the last ten years of his earthly life, the general practice of Medina should at least be allowed, even encouraged by the Prophet himself. Imam Malik regarded as the point where more than authentic Sunnah as where action speaks louder than words: the lifestyle of the inhabitants of the city is seen as a sunna applied.
  4. The consensus of the companions ( ijma ' ): the unanimous opinion of the Sahabah on a point not mentioned in a previous sources takes precedence over any personal opinion of any lawyer.
  5. The separate opinion of a companion of Imam Malik gave full importance to the statements of the Sahabah, they are agreements between them or not, and includes them in his book Al-Muwatta. The consensus of the Sahabah, however, was stronger than an individual opinion of a Sahabi.
  6. The Qiyas or reasoning by analogy: in areas where there was no clear evidence available, but Malik was admitted qiyas took every precaution against this subjective science.
  7. The custom of some isolated Medina: Malik believed that even the practices were to be isolated from the Medina home of the Prophet and Sahabi see as they did not conflict with any hadith they were accepted.
  8. The Istislh (interest): comparable to the principle of istihsan (preference) of the Hanafi school , it's actually looking for what is most appropriate. It concerns an event that is not considered by the Sharee'ah but that is for the common interest. An example is when the decision of the Caliph Ali on a group that was involved in a murder was guilty even though one group had committed the murder.
  9. Local custom ( 'urf ): local customs come into play when there is no religious injunctions available. This principle is behind the inclusion of certain cultural practices such as religious views by an outside observer. A small example is the word "Daabbah" in Arabic meaning in Syria a horse but in other Arab countries means any animal with four legs. Thus a contract with the term Syria would not require further explanation in contrast to other regions.

Students and lawyers famous Maliki

Other students of Imam Malik altered somewhat what they had learned from him like Muhammad Al-Chaybani the Hanafi. Muhammad ibn Idris ash-Shafii he combines what he learned from Imam Malik with other knowledge and created his own madhhab, the Shafi'i.

See also

External link


Currents and movements in Islam
Sunni
Schools Chafisme Hanafi Hanbalism Malikism
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