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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

Does using a respiratory device (oxygen) affect the validity of fasting?

Using an oxygen device does not affect the validity of fasting because oxygen is a gas with no physical substance.
However, if medicinal substances with physical particles are added to the oxygen, its use would break the fast, as it enters the body cavity through a natural passage.

What is the ruling on performing the night prayer (*qiyām al-layl*) between the first and second adhān of Fajr? And which is better: delaying the prayer until shortly before the Fajr adhān, or performing it earlier than that?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The time for night prayer (qiyām al-layl) begins after the Maghrib prayer and lasts until the second adhān of Fajr. The best time for it is the last third of the night, and best of all are the fourth and fifth sixths of the night. If the night is divided into two halves, the latter half is better.
Whoever intends to pray at night is encouraged to delay the Witr until he has prayed the night prayer. If he knows that he will not wake up, it is better for him to pray and perform Witr before sleeping, so that he does not miss both the night prayer and the Witr.
It is stated in Mughnī al-Muḥtāj (Vpl.1/p.462): “I say: The voluntary prayer of the night, that is, the absolute voluntary prayer (al-nafl al-muṭlaq), is better than the absolute voluntary prayer of the day, because of the report in Muslim: ‘The best prayer after the obligatory prayer is the night prayer.’ In another narration of his: ‘In the night there is an hour that no Muslim man meets while asking Allah for any good of this world and the next except that He gives it to him, and that is every night.’ It is also because the night is a time of heedlessness. I restricted the voluntary prayer to the absolute kind following the commentator, although what the ḥadīth and the underlying meaning require is that the night rawātib be preferred over the day rawātib, since the jurists preferred the two rakʿahs of Fajr over everything except Witr. The middle of the night is better than its two ends if it is divided into thirds, because heedlessness is greatest then and worship is hardest. If he wishes to pray during some third, the best is the fourth and fifth sixths, based on the ḥadīth in the two Ṣaḥīḥs: ‘The most beloved prayer to Allah the Exalted is the prayer of Dāwūd: he would sleep half the night, stand for a third of it, and sleep for a sixth.’ Then the latter part is better than the first if he divides it into two halves, because of the saying of Allah the Exalted: ‘And in the hours before dawn they would ask forgiveness’ [al-Dhāriyāt: 18], and the report of the two Shaykhs: ‘Our Lord, Blessed and Exalted, descends,’ meaning His command descends, ‘to the lowest heaven when the last third of the night remains, and says: Who calls upon Me, that I may answer him? Who asks of Me, that I may give him? Who seeks My forgiveness, that I may forgive him?’”
It is also stated in ʿUmdat al-Sālik (p. 60): “It is better to perform it [the Witr] immediately after the sunnah of ʿIshāʾ, unless he has tahajjud, in which case it is better to delay it so that he performs Witr after it. If he performs Witr and then wishes to pray tahajjud, he prays two rakʿahs at a time and does not repeat the Witr, nor does he need to cancel it with a single rakʿah before the tahajjud. It is recommended that he not deliberately pray after it.”
Qiyām al-layl is a term applied to any prayer performed at night. Tahajjud, on the other hand, refers to the night prayer that follows sleep, whether it is prayed after Maghrib or after ʿIshāʾ, or the prayer performed after ʿIshāʾ without sleep. On this basis, the Witr is also called tahajjud, since it is only prayed after ʿIshāʾ.
It is stated in al-Majmūʿ (Vol.4/p.84): “The sound position, as stated in al-Umm and al-Mukhtaṣar, is that the Witr is called tahajjud.”
It is stated in Nihāyat al-Zayn (Vol.1/p.114): “Among the absolute voluntary prayers is qiyām al-layl. If it is performed after sleep, even during the time of Maghrib and after having prayed ʿIshāʾ early (taqdīman), it is called tahajjud.”
And it is stated in Ḥāshiyat al-Bujayrimī ʿalā al-Khaṭīb (Vol.1/p.418): “His statement: ‘(the night prayer)’: the genitive construction (iḍāfah) carries the sense of fī, meaning a prayer in the night. His statement: ‘(it would be more fitting)’: the reason it is more fitting is that the night prayer includes both tahajjud and other prayers.” And Allah Almighty knows best.

What is the Islamic punishment for the one who neglects prayer?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Neglecting the prayer (Salah) is among the major sins (Al-Kaba’ir). One who neglects it out of laziness is considered a transgresor (Fasiq), while one who neglects it while denying its obligation is a disbeliever (Kafir). And Allah the Exalted knows best.

Is it permissible to offer prayer at home, or should it be offered in the mosque?

All perfect praise be to Allah, The Lord of The Worlds.                                                                                                                                                                      It isn`t preferable for the man to pray at home as praying in the mosque is twenty seven times more rewarding. Therefore, this should motivate him to offer prayers in the mosque. And Allah Knows Best.