The Evolution Of Fiqh by Bilal Philips

Imaam Maalik never hesitated to change his rulings, even if he had already uttered them in public, if proof to the contrary came to him from a reliable source. One of his main students, Ibn Wahb confirmed this attitude of the Imaam saying, “I once heard some one ask Maalik about washing between the toes during Wudoo, to which he replied, People do not have to do it.’ I waited until most of the people left the study circle and informed him that there is a Hadeeth concerning it. He asked what it was, so I said, that al-Layth ibn Sa’d, Ibn Luhay’ah and “Amr ibn Al-Haarith all related from al-Mustawrid Ibn Shidaad al-Qurashee that he saw Allaah’s Messenger (s.w.) rub between his toes with his little finger, Maalik said, ‘Surely that is a good Hadeeth which I have never heard before.’ Later when I heard people ask Maalik about washing between the toes, the toes, he used to insist that it must be washed.”203 This narration is clear proof that Maalik’s Madh-hab, like Abu Haneefah’s was that of the sound Hadeeth, even though we do not have a specific statement by him to that effect, as in the case of Abu Haneefah.

Maalik also emphasized the fact that he was subject to error and that the only rulings of his which should be used were those which did not come in conflict with the Qur’aan and Hadeeth. Ibn ‘Abdul-Barr reported that Maalik once said, “Verily I am only a man, I err and am at times correct; so thoroughly investigate my opinions, them take whatever agrees with the Book and the Sunnah, and reject whatever contradicts them.”204 This statement clearly proves that the Qur’aan and the Hadeeth were given preference over all else by this great scholar who never intended that his opinions be rigidly followed. In fact, when the ‘Abbaasid Caliph Abu Ja’far alMansoor (reign 759-755 CE) and Haroon ar-Rasheed (reign 786-809

CE) requested that Maalik allow them to make this collection of Hadeeths, called al-Muwatta’, the official authority in the state on the Sunnah, he refused on both occasions, pointing out that the Sahaabah had scattered throughout the land and had left behind many Hadeeths not found in his collection. Thus, Maalik turned down the opportunity to have his Madh-hab made the official Madhhab of the Islamic state and in so doing, he set an example that others might have been wise to follow.