Understanding Usul Al-Fiqh by Abu Tariq Hilal - Abu Ismael al-Beirawi

Malik ibn Anas (93 AH- 179 AH) was born and passed away in Madinah. His ancestral place was Yemen. After the birth of Islam, his ancestors who had become Muslims migrated to and settled in Madinah. He received his education in Madinah, which was the highest place of learning in the vast Islamic State and housed most of the distinguished Sahabah (ra) of the Prophet (saw).He studied under Abdur-Rahman ibn Hormuz, who advised Malik that: “The „Alim (Scholar) should teach the people to say: “I do not know”. Imam Malik followed and adhered to this advice throughout his life. Once a man attended his Halaqah and asked him a question to which Imam Malik replied: “I do not know, no-one else ever asked this question.... the scholars from before never discussed such a topic.” Then Imam Malik told the man to come back the following day and he would see if he would be able to supply the answer. When the man returned the following day, Imam Malik again told him that he had no answer. The man then told him that he had heard that Imam Malik was the most knowledgeable man in the world, and so if Imam Malik did not know, then who else would know. Imam Malik kept with his answer that he did not know.

Imam Malik also studied with Ibn Shihaab Az-Zuhri, Nafi‟ the ex-slave of Abdullah bin Umar, Yahya ibn Sa‟eed; Rabiah ar-Ra‟ee; and Jafar As-Sadiq. Imam Malik learned Ar-Ra‟ee from Rabiah and from Yahya ibn Sa‟eed, and he learned Hadith from Naafi‟ and from Ibn Shihaab Az-Zuhri. Therefore, we can say that Imam Malik had studied from both schools of Hadith and Ra‟ee, since Ra‟ee was also being taught in Al-Madinah.

Imam Malik was known for his very sharp memory and quick thinking. He used to think very hard and carefully to arrive at his opinions and never rushed to issue a Fatwa. Once someone asked him a question, and another person remarked that the question was very easy. Imam Malik replied that there is nothing easy or trivial with regard to giving a rule. Imam Malik also disliked lengthy arguments. He was once asked that if a person was very knowledgeable in the Hadith and Sunnah, should that person continue arguing his point. Imam Malik replied that such a person should just issue his opinion and his evidence without engaging in too much of a discussion or debate.

Imam Malik‟s classes were characterised by their serenity, discipline and high sense of respect, exhibited by the students for their learned teacher. Once, during his visit to Madinah, Haroon ar Rashid wanted to hear the Muwatta (collection of traditions by Imam Malik). Haroon sent for the Imam who advised him saying, “Rashid, tradition is a learning that used to be patronised by your ancestors. They had utmost regard for it. If you do not respect it as a Khaleefah, no one else will. Furthermore, people come to seek knowledge but knowledge doesn‟t seek people.” Khaleefah Haroon ar Rashid agreed to listen to the Muwatta and his students.

Among the persons who benefited from Imam Malik‟s learning were Khulafa such as Mansoor, Hadi, Haroon, and Mamun. Scholars like Abu Hanifah, Shafi‟i, and Abu Yusuf to name just a few, also benefited from the teachings of Imam Malik.

Imam Malik lived under the rule of the Ummayyads and the Abbassids. He did not entirely agree with their rule, nor did he join the rebels, but rather he advised that the people should not tolerate their wrong doings. He was not exempt from problems with the rulers, especially during the era of Abu Jafar al-Mansoor. Imam Malik had reported a Hadith in which the Prophet (saw) said:

“There is no oath if given under duress.” At that time some of the Shi‟a, under the leadership of Muhammad Nafsul Zakiyyah were leading a revolt against the Khaleefah, using this Hadith as a basis for their revolt. Abu Jafar al-Mansoor sent a messenger to Imam Malik to ascertain if this Hadith had in fact been reported and supported by Imam Malik. Imam Malik told the Messenger that he had in fact reported that Riwayah, and so the Khaleefah understood from the reply that Imam Malik was a part of the Shi‟a‟s rebellion. He was imprisoned and was beaten very severely to the point that his hands became deformed (Imam Malik after this used to pray with his hands at his side). Afterwards, Abu Jafar tried to reconcile with Imam Malik. Imam Malik once said:

“When I returned to meet Abu Jafar during the Hajj season, he told me: „I swear by Allah, I did not instruct anyone with what happened to you. The people of Al-Haramayn will remain in a good condition as long as you are with them. Allah lifted up this Ummah as long as you are with them. I ordered the Wali who was responsible to come to me and I have put him in jail, humiliated, insulted and punished him with more than what you were punished”.

Imam Malik continued, “May Allah give you good health and a good destination on the day of Judgment. I have forgiven that Wali since he is a relative of the Prophet (saw).”

His book Al-Muwatta is one of the earliest collections of Ahadith. Imam Malik was one of the greatest scholars in the field of Hadith. He was also one of the few who wrote down the results of his Isnad (chain of reporters) in his collection of Hadith for the benefit of later generations.

He began writing it during the era of Al Mansoor and finished it during the era of Al Mahdi. Haroon Ar-Rashid wanted to adopt it as a legislative source of Islamic State‟s canons but Imam Malik refused, and was also against the idea of hanging a copy in the Ka‟aba. The book of Al Mudawan Al Kubrah is also attributed to him.

Well-recognised Maliki scholars include:

 Abdur-Rahman ibn Qasim.

 Abdul Wahab Ali al Baghdadi.

 Ali ibn Hazm.

 Qadi Iyad.

 Abu Bakr Muhammad al Baqillani.

 Ibn Rushd who wrote Bidayatul Mujtahid.