The Mālikites , Arabic المالكية, DMG al-mālikiyya orالمالكيون al-mālikiyyūn , are one of the four traditional schools of law ( Madhahib ) of Sunni Islam . The Mālikitic school of law goes back to Mālik ibn Anas ibn Mālik al-Aṣbaḥī (born around 711 (between 708 and 715); died 795). His main work, the Muwaṭṭaʾ , is the basis of the school of law, in which, however, legal thinking has not yet become law; this should bereserved forhis disciple and also madhhab founder Muḥammad ibn Idrīs al-Shāfiʿī .
The primary sources of the law school
- The Medina Legal Practice
In addition to Mālik's consistent recourse to the traditional material known in Medina , the legal thinking of the early Mālikites is based on the “Medinan” legal practice, which, however, was not necessarily in accordance with the traditional hadith material. Thus, the Mālikites offer a systematic presentation of the Islamic rite and law on the basis of the Sunna generally recognized in Medina , but here as the "Sunna of the Medinese" ( sunnat ahl al-Madīna ) often without any recognizable reference to the Sunnah of the Prophet Mohammed . The legal uncertainty that is always observed in madhhab is only partially eliminated by the consensus of scholars ( idschma ).
- Koran and Hadith
The hadith - besides the Koran - is therefore neither for Malik Ibn Anas nor for his successors the highest authority of justice; his tendency to take an independent legal view ( Ra'y ) is undisputed in his school. Nevertheless, Malik set new standards with his al-Muwaṭṭaʾ in the written legal literature of the 8th century; because he always endeavors to mediate between traditional legal practice and the known hadith material and to make the latter as valid as possible, to harmonize Ra'y with hadith or the Medinan legal practice. This structure of his legal work mentioned was the reason to name Mālik in the history of Islamic tradition as a representative of ashāb al-hadīth , the followers of the hadith, although his school of law was also more important in the subsequent generations of the independent legal view in law and in the practice of religious practice attaches as the hadith.
The development and dissemination of the law school
The consolidation of the law school of Medina only takes place through the work of the students of Mālik, who, as narrators and reviewers of his work over Egypt and North Africa to al-Andalus, contributed to the spread of the Malikite / Medinan doctrine and its expansion. In the Islamic East , the school of law did not achieve the same success as in the West because the Hanafis were stronger here, but important Maliki scholars such as Ismāʿīl ibn Isḥāq al-Ǧahḍamī (st. 895), "Head of the Mālikites in Baghdad", worked in Iraq Aḥkām al-Qurʾān explains the Koranic laws according to the teachings of the school of law, al-Abharī (st. 985), who also works in Baghdad, the author of the extensive explanation ( Šarḥ ) of the legal compendium of the Egyptian scholar Ibn ʿAbd al-Ḥakam (st. 882 ), also al-Bāqillānī (st. 1013) and the Qadi ʿAbd al-Wahhāb ibn Naṣr al-Baghdādī (st. 1031), author of the Kitāb at-Talqīn , a work on Malikite law with several comments.
Egyptian ( Fustāt ) and North African ( Qairawān ) scholars have influenced the further development of the Mālikites ; its classical representatives in the 9th and 10th centuries worked here and no longer at the place of origin of the school in Medina.
The writings of the Qairawān scholar Sahnūn ibn Saʿīd († 854), summarized under the title al-Mudawwana , have been the most frequently used and commented manual of the Mālikites for centuries, in which, through Egyptian mediation, the doctrines of Mālik on all areas of Islamic law are based Chapters are arranged and set out with additions by his students. Compared to the two-volume Muwaṭṭaʾ Māliks, this is where the Malikite legal doctrine experienced its substantial expansion of content; Sahnūn's work comprises sixteen volumes in the first printed edition .
Around the same time, another Malikite legal work of Andalusian provenance came into being: "The clear representation of Sunna and jurisprudence" al-Wadih fi-s-sunan wal-fiqh /الواضح في السنن والفقه / al-Wāḍiḥ fī s-sunan wal-fiqh - also al-Wadiha for short /الواضحة / al-Wāḍiḥa - the Córdobes scholar ʿAbd al-Malik ibn Habīb , in which he, also covering all areas of religious law, discussed in detail the Sunna - both the legally relevant Prophet's Sunna and the Sunna of Medina. Part of the work dealing with ritual purity was published in 1994.
It is thanks to the famous Kairouan scholar Ibn Abī Zaid al-Qairawānī from the late 10th century that the works of ʿAbd al-Malik Ibn Habīb and his contemporaries from Egypt and Andalusia in the 9th century have not been completely lost. Because in his monumental legal compendium he evaluated the then known writings of the Mālikites, even quoting them verbatim or paraphrased. He gave his work the rich title of an-Nawādir wal-ziyādāt ʿalā mā fī l-Mudauwana min ġairi-hā min al-ummahāt ("Strange and additions to Mudauwana from other basic works (the school of law)"). The author endeavored to present the individual legal questions in all areas of Islamic law and ritual practice using excerpts from the then known writings of the legal school. Controversial doctrines ( Ichtilāf ) within the law school of Medina on Egypt, North Africa and al-Andalus are also discussed . The completely preserved manuscript - produced somewhat late - comprises nineteen volumes and has around four hundred pages per volume. The oldest copies, even if only in fragments, were made during the author's lifetime. The print edition comprises fifteen volumes.
The Malikite school of law spread from the heartland of Islam, first in Egypt , in Ifrīqiya (North Africa), in the Maghreb , from there in Islamic Spain, further in Sudan , in Mauritania as well as in Nigeria , Kuwait and Bahrain .
For many years, especially since King Mohammed VI came to the throne . of Morocco in 1999 , under the patronage of the king, Malekism is developing into a “liberal” alternative to Saudi- inspired Salafism , cautiously seeking connection to Western intellectual traditions .
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- See Algeria: Imams found their union to counter the Salafists , AFP , March 26, 2013, cited above. According to Afrika-News, Apr. 1, 2013, and How Morocco's King Wants to Reform Islam , Deutschlandfunk , Nov. 12, 2017