Maliki Islam is one of the four major Sunni schools of Islamic jurisprudence (fiqh). It was founded by Malik ibn Anas in the 8th century CE. Maliki fiqh emphasizes traditionalist interpretation and adherence to the practices of the early Muslim community in Medina during the time of the Prophet Muhammad. Some key features of Maliki Islam include:
Sources of Law
The primary sources of law in Maliki fiqh are the Quran, hadiths (sayings and traditions of Prophet Muhammad), ijma (scholarly consensus), and qiyas (analogical reasoning). However, Malikis place a strong emphasis on the practices of the Medinan Muslim community as an authoritative source of law. This is based on the hadith “Hold fast to my ways and the ways of the rightly-guided caliphs who succeed me.”
Reasoning by Analogy
Malikis utilize analogical reasoning (qiyas) extensively to derive rulings for new situations based on existing precedents. However, they only accept analogies rooted in the Quran and Sunnah and reject speculative reasoning not firmly grounded in revealed texts.
Consensus of Medina
The consensus (ijma) of the Medinan scholars is considered authoritative by Malikis, given the prominence of Medina as the city of the Prophet. However, ijma applies solely to consensus within Medina, not of all Muslim scholars generally.
Acts of Worship
In matters of worship (‘ibadat), Malikis take a relatively strict stance, adhering closely to the practices of early Medinan Islam. They prohibit many innovations (bid’ah) in worship practices as unwarranted deviations.
Daily Life Transactions
For daily life transactions (mu’amalat), Malikis take a more flexible approach, adapting the law to meet the needs of society. They utilize the principles of istislah (public interest) and istihsan (juristic preference) extensively in this domain.
School of Medina
The Maliki school is named after and centered around the teachings of Imam Malik ibn Anas, who lived in Medina. Adherents strived to preserve the normative practices of Islam in Medina, honoring it as the city of the Prophet.
Widespread in North and West Africa
Historically, the Maliki school has been influential in North and West Africa, particularly in Egypt, Sudan, Tunisia, Algeria, Morocco, and parts of Nigeria. It is the third largest school globally after the Hanafi and Shafi’i schools.
Differences with Hanafi and Shafi’i Schools
Unlike the Hanafi and Shafi’i schools, Malikis do not consider juristic preference (istihsan) as a universal source of law. They also restrict consensus (ijma) specifically to Medina, differ over which hadiths are authoritative, and emphasize custom over opinion to a greater extent.
Rejection of Istihsan as Source of Law
A key point of difference is that while Hanafis and Shafi’is accept istihsan (juristic preference) as an independent source of law, Malikis reject it outside the realm of daily life transactions due to it being speculative and not firmly based on revealed texts.
Emphasis on Hadiths from Sahihayn
Malikis placed great emphasis on hadiths recorded in the two Sahihs (Bukhari and Muslim), only accepting hadiths from other collections if they met stringent criteria. Hanafis and Shafi’is utilize a broader range of hadith collections.
Priority to Custom over Opinion
Where authentic texts are lacking, Malikis give priority to the customary practice of the Medinan community over juristic opinion (ra’y). Hanafis in particular rely more extensively on juristic opinion in such cases.
Reaction to Political Pressures
Some scholars argue the Maliki emphasis on traditional Medinan practice represented a reaction to the pressures of adapting Islamic law to different conquered territories faced by earlier jurists in Iraq and Syria.
Decline with Rise of Ottoman Empire
With the rise of the Ottoman Empire from the 15th century onwards, the Hanafi school was promoted as the official madhhab, contributing to the gradual decline in adherents of the Maliki school over subsequent centuries.
Renewal and Adaptation in Modern Era
In the modern era, Maliki fiqh has seen efforts at renewal, aiming to differentiate between legal principles and specific applications influenced by custom. There is greater adaptation of Maliki law to contemporary contexts.
Continued Influence in North & West Africa
Despite its decline from earlier peaks, the Maliki school retains significant followers in North Africa and the Sudan region. It has shaped the legal landscape in many nations, including Egypt, Libya, Tunisia, Algeria and Morocco.
Shared Principles with Other Sunni Schools
In many areas, Maliki fiqh shares the same principles and rulings with the Hanafi, Shafi’i and Hanbali schools as they all follow Sunni orthodoxy. Differences tend to be in specific interpretations and methodologies.
Notable Maliki Scholars Over the Centuries
Prominent scholars who shaped Maliki fiqh over the centuries include Sahnun (d. 854 CE), Ibn Abi Zayd al-Qayrawani (d. 996 CE), al-Baqillani (d. 1013 CE), Ibn Rushd (d. 1126 CE), al-Qarafi (d. 1285 CE) and Shihab al-Din al-Qarafi (d. 1285 CE).
Emphasis on Hadith Verification
Malik ibn Anas was renowned for his stringent criteria for hadith authentication. He rejected many hadiths other scholars considered authentic if chains of narration or textual content did not meet his standards.
Doctrine of Istislah (Public Interest)
A distinguishing feature of the Maliki school is its doctrine of istislah – the consideration of public interest in deriving laws for new issues. But istislah is subordinate to revealed texts and not an independent source.
Applicability Across Regions
The Maliki madhhab was historically applied in Medina as well as regions across North Africa, al-Andalus (Islamic Spain) and parts of West Africa. This widespread applicability enhanced its influence.
Differences in Inheritance Laws
In inheritance, Malikis differ from other schools by not requiring a residual heir for estates. They distribute inheritance solely based on Quranic heir shares, even if it results in a partial distribution.
Flexibility in Financial Transactions
The Maliki school adopted a flexible stance towards financial transactions, permitting sale agreements prior to taking possession of items and the transfer of debts between third parties.
Adaptability on Religious Taxes
Malikis adapted the application of religious taxes like zakat and ushr based on local custom. This flexibility helped the school gain acceptance in new territories as Islam expanded.
Conclusion
In summary, Maliki Islam is one of the four main Sunni schools of law emphasizing traditionalist interpretation. Distinctive features include its reliance on Medinan scholarly practice and Malik’s stringent hadith authentication. Historically influential in Africa, it retains many adherents there despite its decline elsewhere since medieval times. Maliki fiqh shares many principles with other Sunni madhhabs but differs in specific sub-rulings and legal methodologies. It demonstrates both conservatism in matters of worship and adaptability in transactions. The Maliki legacy continues in parts of the modern Muslim world.
