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HANAFI SCHOOL OF ISLAMIC

JURISPRUDENCE


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 legal 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 this school spread throughout the
Arabia and other countries of the world. Today majority of the Muslims are
follower of this school.
Besides Hanafi school, Maliki , Shafii and Hanbali schools were also
founded in this golden period of learning. These four schools are known as
Sunni schools. The sunni are so called from 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 important
school 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 HANIFATHE FOUNDER OF HANAFI SCHOOL
(80 A.H TO 150 A.H. 699 A.D. TO 767 A.D. )

Abu Hanifa an-Numan ibn Thabit , 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 memory
and 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 in
the 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 SCHOOLIT 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 prefer 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 created
countless 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. He
formed 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 perfectness
and 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 ofImam 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. Among 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 thoughts, 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 hanafi
School 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
asAl-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 Mlik ibn Anas ibn Mlik Ibn Ab 'mir Ibn
'Amr Ibnul-Hrith Ibn Ghaimn 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 toIslam 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

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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 come 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 analogical
deduction 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)maslahamuraatal-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 Donald 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 him
it 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 that
it 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
permissible
2
.
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 Muwatta
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 Madina
according 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 interest in pointing out a smooth
path(This is practically what of muwatta means) through 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 later
period. 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 difference
between 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 rak`at before
Subh which is Sunnah (there are 3 more Sunnahs you can look up in Maliki
fiqh books).

Hanafis pray one Salatul Witr while Malikis pray 2 raka`at Salat al-Shaf` and
then 1 rak`at 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 with
a 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 Maliki 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.