Tuesday, November 30, 2021

A022 - Malik ibn Anas

Malik ibn Anas

Malik ibn Anas (Malik ibn Anas ibn Malik ibn 'Amr al-Asbahi) (Mālik ibn Anas ibn Malik ibn 'Āmr al-Asbahi) ("Imam Malik") ("Sheikh of Islam") ("Proof of the Community") ("Imam of the Abode of Emigration")  (c. 710/711-795/796).  Muslim jurist and the imam of the law school of the Malikites, which is named after him.  He is frequently called the Imam of Medina.  His great work, the Muwatta’  --  the Book of the Smoothed Path -- , is the earliest surviving Muslim law book.  Malik introduced the recognition of the unanimous practice of Medina, which he established as an organized judicial system.  He thus created a theoretical standard for matters which were not settled from the point of view of consensus.

Born in Medina, where he spent most of his life, Malik became the most prominent jurist of that city.  Malik was born the son of Anas ibn Malik and Aaliyah bint Shurayk al-Azdiyya.  His family was originally from the al-Asbahi tribe of Yemen, but his great grandfather Abu 'Amir relocated the family to Medina after converting to Islam in the second year after the hijra.

Little is known about Malik’s early life, although many legends abound.  Malik is supposed, for example, to have spent two or three years in his mother’s womb and to have been taught fiqh by some nine hundred teachers.  Malik seems to have been in competition for a time with Ibn Ishaq, Muhammad’s biographer, until Ibn Ishaq abandoned both fiqh and Medina.

Malik’s Muwatta’ is the earliest work on fiqh written to develop a basis for law by means of a survey of custom in Medina, but he was writing at a stage when the rules for transmission of hadith had not been fully formed and his work was subjected to modification and correction by later scholars.  Nevertheless, Malik’s criticism of his authorities was so rigorous that even today his reputation in this area has remained high.

Malik did not start from a theoretical position but with the law as it existed, so his work seems somewhat disorganized under the larger topics of contracts, penal law, marriage, etc.   However, despite this failing, Malik’s work was so influential that Islamic legal treatises continued this pattern.

While Malik did not start a school, his name came to be used by a branch of Islamic law found in the Maghrib, Africa, and Upper Egypt.  A particularly famous adherent of this school was Ibn Rushd (Averroes), who wrote a systematic treatise on the legal system.

Malik took advantage of the fact that he was contemporary to many of the Tabi'in to formulate his famous school of thought which gave precedence to the acts of the people of Medina over the hadith if they were in conflict.  This was done due to the sizeable amount of scholars, and companions of Muhammad, residing in the city where Malik's reputation grew immensely.  Malik nevertheless showed hesitancy in issuing religious verdicts. 

Despite his reluctance to render religious verdicts, Malik was outspoken.  He issued fatwas against being forced to pledge allegiance to the Caliph al-Mansur, and was punished via flogging for his stance.  Al-Mansur apologized to Malik and offered him money and residence in Baghdad, but Malik refused to leave the city of Muhammad.  Later, Harun al-Rashid asked Malik to visit him while Harun was performing the hajj.  The Imam refused, and instead he invited the new caliph to his class.

Malik died in Medina in 796 and was buried in the famous Jannat ul-Baqi cemetery across from the Masjid al-Nabawi.  He is recognized as one of the most highly respected scholars of fiqh in Sunni Islam.  Imam Shafi, who was one of Malik's students for nine years and a scholarly giant in his own right, stated, "when scholars are mentioned, Malik is like the star among them."  The Maliki Madhab, named after Malik, is one of the five schools of Islamic jurisprudence and remains popular among Muslims to this day.


Malik ibn Anas ibn Malik ibn 'Amr al-Asbahi see Malik ibn Anas
Asbahi, Malik ibn Anas ibn Malik ibn 'Amr al- see Malik ibn Anas
Imam of Medina see Malik ibn Anas
Imam of the Abode of Emigration see Malik ibn Anas
Sheikh of Islam see Malik ibn Anas
Proof of the Community see Malik ibn Anas

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Malikites
Malikites (in Arabic, Malikiyya) (Maliki).  Juridico-religious group of orthodox Islam which formed itself into a school after the adoption of the doctrine of imam Malik ibn Anas.  The success of the school is due to Malik’s intolerance towards the Qadariyya and the Kharijites.  Nor is there any place in it for mysticism, although a number of Maliki mystics are known.  In Medina, all trace of the school was lost after the demise of Malik’s first disciples.  It only returned with the triumph of Sunnism in the fourteenth century.  Malikism is predominant in Morocco, Algeria, Tunisia and Libya.  It was the sole official rite of al-Andalus (Muslim Spain) during the eighth and ninth centuries.  At the present time, the majority of the Muslims of the Sudan belong to the Maliki school of law and there are Maliki Muslims in Senegal, Mali, Niger, Togo, Chad and Nigeria.

Malikites comprise one of the four orthodox schools of law in Islam.  Their sect was named after Malik ibn Anas, who died in the Arabian city of Medina in 796.  A celebrated legal scholar, Malik is known above all as the author of Kitab al-Muwatta, the earliest surviving work on law in Islam.  Its contents in general reflect the outlook of that early legal tradition associated with the Hijaz.  While the Maliki school owed its formative inspiration to the teaching of Malik, the elaboration of its doctrine into a unified, distinctive code of law was in the main the work of his leading disciples, in particular of al-Sulami (d. 852), al-Tanukhi, known also as Sahnun (d. 854), and Isma‘il ibn Ishaq (d. 895).  In addition to the Qur’an, Malikis based their legal rulings on the consensus (ijma) or customary law of Medina, and when these failed to provide an adequate basis for law they had recourse to personal judgment (ijtihad/ra’y).  Malikis did make use of the hadith (the traditions of the Prophet) as a basis for law, but these never constituted the highest court of appeal for them.  If Malikis and Hanafis were largely in agreement on the role of reason in the juridical process, they sometimes differed substantively in the realm of positive law, a fact explained largely by their different geographical roots.  Apart from isolated cases, and for reasons that are not entirely clear, Maliki law never won acceptance in the eastern lands of Islam.  However, it has been and remains the dominant school of North Africa.

Malikiyya see Malikites

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