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The Methodology of Imam Malik in the Jurisprudence of the Quran and Sunna
Author : Dr. Mufti Sa`eid Farhan
Date Added : 11-09-2024

All praise is due to Allah, Lord of the Worlds and  may the best of prayers and peace be upon the clear light, the mercy to the worlds, Muhammad, and upon his family and companions, and upon all those who follow his guidance and emulate his Sunna until the Day of Judgment.

Islamic jurisprudence (Fiqh) is the practical aspect of Islamic law (Sharia), and it illuminates the way for those who are accountable, guiding them on what is required of them. It is an inexhaustible source with its rulings and interpretations, which are suitable for all times and places.

The wisdom of Allah, Exalted be He, has decreed that Islamic jurisprudence be built upon firm principles and solid foundations to ensure its stability and steadfastness. At the same time, it is based on flexible branches and permissible ijtihad (independent reasoning), which guarantee its continuity and applicability to everyone across different times. Many rulings are derived from a few textual sources, and it is well known that the primary and main sources of Fiqh are the Qur'an and Sunna. However, what is the understanding of the Qur'an and Sunna for those who study Fiqh, derive rulings from it, and issue fatwas to people? And how do they approach the Qur'an and Sunna?

Undoubtedly, each Imam has their own unique method of dealing with the Quran and Sunna in their ijtihad and Fiqh. This is evident in the school of thought they founded and the teachings they imparted to their students, resulting in established principles and foundations known to all.

This is precisely what happened with the four renowned Imams, who established their respective schools of jurisprudence based on unique principles and foundations. These principles were used to understand the texts of the Quran and Sunna, and to determine how to deal with them. They possessed a deep understanding of Islamic law and its wisdom, and Allah blessed them with sound minds and insightful perspectives.

On the other hand, there is a group of people who claim to adhere to Islamic jurisprudence but say: "The Sharia is the Qur'an and the Sunna; these are the primary and sufficient sources. We do not accept the sayings of men" – meaning the Mujtahids (those who engage in independent legal reasoning). Whatever we find in the Quran and Sunna, we act upon it and it is sufficient for us.

In addition, Islamic jurisprudence is not derived from a single hadith, but from a collection of texts. This is because a hadith might contradict a fundamental principle for the Mujtahid. For example, Imam Malik would sometimes refrain from acting upon a hadith, even if it was included in his Muwatta, because it contradicted the practice of the people of Medina. This demonstrates his deep understanding of jurisprudence, may Allah be pleased with him. He would narrate a hadith that contradicted his own opinion, based on a principle he held, to prevent the assumption that the hadith had not reached him.

We say to these people: Allah, the Exalted, Says in His Noble Book (What means): "And ask the people of knowledge if you do not know." [An-Nahil/43]. Moreover, why did the Prophet, peace be upon him, says: "He should follow my Sunna and the Sunna of the rightly guided, rightly directed successors, holding fast to it with his molars"? [At-Tirmidhi].

In any case, I do not wish to debate this matter as this is not the appropriate place for it. Rather, I wanted to present a scholarly school of jurisprudence with deep-rooted principles and foundations in ijtihad, a school that approached the claim of the Quran and Sunna with the utmost reverence for and adherence to them: the school of Imam Malik, may Allah be pleased with him.

Imam Malik is a prominent scholar of hadith, spent his life serving it and was among those who defended it. No reasonable person who examines Imam Malik's opinions and writings could doubt his unwavering commitment to the Prophetic hadith. Any claims that Imam Malik contradicted the Prophetic hadith are mere fabrications. Those who make such claims clearly do not understand Imam Malik or his Madhhab. If one were to carefully examine the hadiths narrated by Imam Malik but not acted upon by him, they would find a legitimate Islamic reason for the Imam's actions, and there are numerous examples of this.

Imam Malik, may Allah be pleased with him, was so committed to the textual evidence of the Quran and Sunna that he never neglected a hadith. He would not leave any established text without acting upon it, and he would never deliberately prioritize one text over another until he had exhausted all efforts to reconcile them. He derived legal rulings from the totality of hadiths, and did not limit himself to a single hadith as some jurists do. In fact, he made every effort to utilize every hadith, even if it meant applying it to a specific legal issue, even if the hadith seemed to contradict his own principles.

An example of this is one of his fundamental principles, may Allah be pleased with him: worship is specific to the individual and no one can perform worship on behalf of another. Hajj is included in this. If Hajj becomes obligatory for someone and they perform it, they are cleared from liability before Allah the Almighty. However, if someone else performs Hajj on his or her behalf, it is not valid.

However, there is a sound hadith narrated by Bukhari from the Khath'amiya woman who asked the Prophet, peace be upon him: "O Messenger of Allah, the obligation of Hajj upon Allah's servants has come upon my father, an old man who cannot endure the journey. Can I perform Hajj on his behalf?' He said: "Yes." This took place during the Farewell Pilgrimage. Imam Malik also narrated this hadith in his Muwatta.

Imam Malik, may Allah have mercy upon him, said: 'It is permissible to perform the optional pilgrimage on behalf of a deceased person, but it is disliked to do so for the obligatory pilgrimage.' Here, Imam Malik has applied his general principle while also taking into account the specific hadith, not neglecting it, even in a particular aspect of the overall issue.

Imam Al-Dasuqi said: "The prevailing opinion is to prohibit delegation [in Hajj] for the living, absolutely, whether they are healthy or sick, whether it is for the obligatory or optional pilgrimage... What is mentioned in Sharh al-Ummdah about delegation in Hajj being good if it is without payment, because it is a charitable act, and being disliked if it is with payment, as stated by Malik, because it involves profiting from worldly matters in exchange for an act of the afterlife, indicates that the discussion of delegation is primarily about the dead, not the living." [Hashiya Al-Dasuqi Ala Al-Sharh Al-Kabir,Vol. 2/P.18].

Similar to this is the case of someone who eats or drinks while fasting, forgetting that they are fasting. The general principle is that anything that enters the body, whether food or drink, breaks the fast, even if it is unintentional. However, due to the sound hadith narrated by the Prophet, peace be upon him: "Whoever eats or drinks while fasting, forgetting that they are fasting, should not break their fast, for that is sustenance provided by Allah," narrated by Tirmidhi, Imam Malik, in consideration of this hadith, stated that eating or drinking due to forgetfulness breaks the obligatory (Fard) fast; not the voluntary (Nafil).

Imam Malik, may Allah have mercy upon him, said: "Whoever eats or drinks during Ramadan, whether out of forgetfulness or absentmindedness, and it was an obligatory fast upon them, then they must make up that day." [Muwatta Malik, Vol. 1/P. 304].

In addition, eating locusts is permissible according to the majority of jurists without the need for slaughtering, due to the hadith narrated from Ibn Umar, may Allah be pleased with them both, who said: "The Messenger of Allah, peace be upon him, said: 'Two dead creatures and two types of blood have been made lawful for us. The two dead creatures are the fish and the locust, and the two types of blood are, I think he said, the liver and the spleen.'" [Sunn Al-Kubra by Al-Bayhaqi].

Imam Malik said, 'Eating anything without slaughtering is not permissible, due to the general principle that anything that dies a natural death is considered carrion and cannot be eaten. Therefore, locusts must be slaughtered. However, in consideration of the hadith, Imam Malik did not require the complete slaughtering of locusts, but rather any action that would kill the locust, such as dropping it in oil, would suffice.

In the matter of eating locusts, Imam Malik applied the general principle that anything that dies a natural death is considered carrion and cannot be eaten. He also applied the principle of Islamic slaughtering and took into account the hadith that permitted eating dead locusts. He neglected nothing of these matters. May Allah have mercy upon Imam Malik, who founded a comprehensive school of jurisprudence for those who came after him. It is no wonder that the Maliki Madhhab is a Madhhab of general principles, legal texts, objectives, consequences, and interests. This is true jurisprudence, comprehensive jurisprudence.

May Allah benefit us from these eminent scholars and make us follow in their footsteps. Our final supplication is that all praise is due to Allah, The Lord of The Worlds.

 

The published article reflects the opinion of its author

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Summarized Fatawaa

What is the ruling on wiping the front of the head beneath the ḥijāb, and is it permissible to wipe over the ḥijāb if it was put on while in a state of purification (wudu`)?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is permissible to wipe the front portion of the head (nāṣiyah) with the fingertips. It is likewise sufficient to place a wet hand over a head covering (ḥijāb), provided the moisture actually reaches the hair beneath it — if it does not, it does not suffice. A head covering is not treated in the same manner as leather socks (khuff) and may not be wiped over in lieu of the head itself.
Imām al-Nawawī, may Allah have mercy upon him, states in al-Majmūʿ (Vol.1/P.407): "If a person is wearing a turban and does not wish to remove it — whether for a valid reason or otherwise — he should wipe the entire front portion of the head... The same ruling applies to whatever a woman wears on her head. If, however, he confines himself to wiping over the turban without wiping any part of the head itself, this does not suffice — and there is no disagreement among us on this point." He further states: "A woman is like a man in the manner of wiping the head... She should insert her hand beneath her head covering so that the wiping falls upon the hair itself. If she places her wet hand over her head covering, our scholars stated: if the moisture does not reach the hair, it does not suffice her." And Allah the Almighty knows best.

What is the ruling of Islamic Law if the follower (maʾmūm) stands up for the third rakʿah out of forgetfulness while the imam has sat for the middle tashahhud?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
If the imam sits for the tashahhud while the follower (maʾmūm), out of forgetfulness, stands up for the third rakʿah, he is obliged to return to his sitting position, since following the imam is obligatory. In this case, no prostration of forgetfulness (sujūd al-sahw) is required of him. If, however, he fails to return, his prayer is rendered invalid.
Shaykh al-Islām Imām Zakariyyā al-Anṣārī, may Allah have mercy upon him, states: "If the follower stands up alone out of forgetfulness, he is obliged to return, since following the imam is obligatory... If he does not return, his prayer is rendered invalid, due to his departure from what is obligatory." [Asnā al-Maṭālib,Vol.1/P.190] And Allah the Almighty knows best.

Does sacrificing one sheep avail for the entire household?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Offering an Udhiyah (sacrificial offering) is a communal Sunnah (Sunnah Kifayah) for members of the same household, provided that their financial maintenance is undertaken by a single provider. By "communal Sunnah," we mean that when one person performs it, the religious recommendation is fulfilled on behalf of the entire household, though the spiritual reward itself belongs uniquely to the one who offered it.
 
Therefore, if any member of the household performs the sacrifice—even if it is someone who is not legally responsible for the household's expenses, such as the wife or one of the children—the recommendation is fulfilled for everyone in that home. However, the reward does not automatically extend to the other members unless the person offering the sacrifice explicitly intends to share the reward with them—similar to how performing a funeral prayer (Janazah) fulfills the communal obligation for everyone, yet the specific reward is earned by those who actually prayed.
 
Additionally, a single sacrifice is sufficient for a man who is married to more than one wife. And Allah the Almighty Knows Best.

What is the ruling on combining more than one intention in the prayer, such as combining the *sunnah* of wuḍūʾ with the pre-Dhuhr *sunnah*, or combining the *sunnah* of greeting the mosque (*taḥiyyat al-masjid*) with the pre-Dhuhr *sunnah*?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Combining two intentions in a single act of worship, which some jurists call the “overlapping of acts of worship”, has several cases and precise rules. These can be consulted in the books of legal maxims, such as al-Manthūr fī al-Qawāʿid al-Fiqhiyyah by al-Zarkashī and al-Ashbāh wa’l-Naẓāʾir by al-Suyūṭī. Among the most important of these rules:
First: If all of the acts of worship that one wishes to combine under one intention are obligatory, the intentions do not overlap. An example is combining the intention of the obligatory ʿAṣr prayer with that of the obligatory Dhuhr prayer. The intentions do not overlap in this case.
Second: If the two acts are specified supererogatory prayers (nawāfil muqayyadah) that are aimed at in themselves because of a particular time, occasion, or cause, or if they are an obligatory prayer and a specified supererogatory prayer, the intentions again do not overlap. An example is the Duha prayer, which may not be combined with, for instance, the regular sunnah of Dhuhr.
It is stated in Bushrā al-Karīm: “Whatever is not, in meaning, an absolute voluntary prayer, such as the Duha sunnah… is not subsumed under another. Rather, if he intends something else along with it… the prayer is not validly entered. This is because combining two obligations, two specified supererogatory prayers, or an obligation and a specified supererogatory prayer invalidates the prayer in cases not built upon overlapping, as ritual purification (ṭahārah) is.”
Third: If the two acts are absolute voluntary prayers (nawāfil muṭlaqah), or one of them is, where the texts of the Sharīʿah show that the aim of the voluntary act is to fill the time with worship, then overlapping of intentions is permissible. An example is the obligatory Dhuhr prayer together with the sunnah of greeting the mosque (taḥiyyat al-masjid). And Allah Almighty knows best.