该学派的奠基学者马立克·本·安纳斯·本·阿米尔，于公元717年生于麦地那。他的祖父阿米尔是麦地那著名的圣门弟子之一。马立克曾师从当时最伟大的圣训学者伊本·沙哈卜·祖赫里学习圣训，也曾师从杰出的圣训传述者纳菲尔学习，纳菲尔是圣门弟子阿卜杜拉·本·欧麦尔的被释奴隶。

The founding scholar of this Madh-hab, Maalik ibn Anas ibn ‘Aamir, was born in Madeenah in the year 717 CE. His grandfather, ‘Aamir, was among the major Sahaabah of Madeenah. Maalik studied Hadeeth under az-Zuhree who was the greatest Hadeeth scholar of his time as well as under the great Hadeeth narrator, Naari’, the freed slave of the Sahaabee ‘Abdullah ibn ‘Umar.

马立克除了朝觐之外，从未离开过麦地那，因此他的学识很大程度上局限于麦地那所能获得的知识。公元764年，麦地那的总督下令严厉鞭打他，原因是他作出了一个法律裁决：被迫离婚无效。这一裁决与阿拔斯王朝统治者的做法相抵触。当时，阿拔斯统治者要求民众在效忠宣誓中加入一条条款：凡违背誓言者，自动离婚。马立克被绑缚鞭打，双臂遭受严重损伤，以至于他无法在拜中把双手交叠放在胸前。据一些传述，此后他便开始在拜中双手垂放于身体两侧。

Maalik’s only journeys outside of Madeenah were for Hajj, and thus he largely limited himself to the knowledge available in Madeenah. He was severely beaten in the year 764 CE by the order of the Ameer of Madeenah, because he made a legal ruling that forced divorce was invalid. This ruling opposed the ‘Abbaasid rulers’ practice of adding in the oath of allegiance given to them by the masses the clause that whoever broke the oath was automatically divorced. Maalik was tied and beaten until his arms became severely damaged to such a degree that he became unable to clasp them on his chest in Salaah and thus he began the practice of praying with his hands at his sides according to some reports.

伊玛目马立克在麦地那教授圣训长达四十年,并编纂了一部书,收录了先知的圣训以及圣门弟子和他们的再传弟子的圣行(Athars),他将此书命名为《穆宦塔》(al-Muwatta',意为"踏平的道路")。他开始编纂圣训,是应阿拔斯王朝哈里发艾布·贾法尔·曼苏尔(公元754-775年)的请求。曼苏尔希望有一部以先知ﷺ的逊奈为基础的综合法典,使之能在他的整个统治疆域内统一适用。但在书成之后,马立克拒绝将其强加于民众,并指出圣门弟子已散布于伊斯兰帝国各地,并且带走了逊奈的其他部分,这些部分也必须在国家颁行的任何法律中加以考虑。哈里发哈伦·拉希德(公元768-809年)也向这位伊玛目提出过同样的请求,但同样遭到了拒绝。伊玛目马立克于公元801年在他的出生地去世,享年83岁,令人敬仰。133

Imaam Maalik continued to teach Hadeeth in Madeenah over a period of forty years and he managed to compile a book containing Hadeeths of the Prophet (s.w.) and Athars of the Sahaabah and their successors which he named al-Muwatta’ (the Beaten Path). He began his compilation of Hadeeths at the request of the ‘Abbaasid caliph, Abu Ja’far al-Mansoor, (754-775 CE) who wanted a comprehensive code of law based on the Prophet’s (s.w.) Sunnah which could be applied uniformly throughout his realm. But, on its completion, Maalik refused to have it forced on the people pointing out that the Sahaabah had scattered throughout the Islamic empire and had taken with them other parts of the Sunnah which also had to be considered in any laws imposed throughout the state. Caliph Haaroon arRasheed (768-809 CE) also made the same request of the Imaam, but he was also turned down. Imaam Maalik died in the city of his birth in the year 801 CE at the venerable age of 83.133

伊玛目马立克的教学方法，以叙述圣训和结合当时的问题讨论其含义为基础。他或是向学生叙述有关伊斯兰教法各类议题的圣训与圣门弟子的言论（athar），然后讨论其中的含义；或是询问学生所来地区出现的问题，然后叙述可用来解决这些问题的适当圣训或圣门弟子的言论。

Imaam Maalik’s method of teaching was based on the narration of Hadeeths and the discussion of their meanings in the context of problems of that day. He would either narrate to his students Hadeeths and Athars (statements of the Sahaabah) on various topics of Islamic law then discuss their implications, or he would inquire about problems which had arisen in the areas from whence his students came, then narrate appropriate Hadeeths or Athars which could be used to solve them.

马立克完成《穆宛塔》之后，他常常向学生们讲述这部书，视之为自己教法学派（Madh-hab）的总体体现；每当有新的材料传到他那里时，他便会对其内容稍作增删。他严格避免臆测和假设性的教法推论，因此他的学派及其追随者被称为圣训派（Ahl al-Hadeeth）之人。

After Maalik completed al-Muwatta’, he used to narrate it to his students as the sum total of his Madh-hab, but would add or subtract from it slightly, whenever new information reached him. He used to strictly avoid speculation and hypothetical Fiqh and thus his school and its followers were reffered to as the people of Hadeeth (Ahl al-Hadeeth).

伊玛目马立克依据以下几类来源推导伊斯兰教法，这些来源按其重要性排列。

Imaam Maalik deduced Islamic law from the following sources which are listed in the order of their importance.

和其他所有的伊玛目一样,马立克将《古兰经》视为伊斯兰教法的首要来源,并在运用时不设任何前提条件。

Like all the other Iaams, Maalik considered the Qur’aan to be the primary source of Islamic law and utlized it without laying any pre-conditions for its applications.

伊玛目马立克将圣训（逊奈）作为伊斯兰教法第二重要的渊源加以运用，但与艾卜·哈尼法一样，他对其运用设定了一些限制。若某段圣训与麦地那人的惯常做法相抵触，他便会拒绝该圣训。然而，他并不坚持圣训必须是广为人知的（Mash-hoor，即著名的）。

The Sunnah was used by Imaam Maalik as the second most important source of Islamic law, but, like Abu Haneefah, he put some restrictions on its use. If a Hadeeth were contradicted by the customary practice of the Madeenites, he rejected it. He did not, however, insist that a Hadeeth be Mash-hoor (well-known)

在它能够像阿布·哈尼法那样被运用之前，他采用的是任何传到他那里的圣训，只要其中的传述者没有已知的说谎者或记忆极差的人。

before it could be applied as Abu Haneefah did. Instead he used any Hadeeth that was narrated to him as long as none of the narrators were known liars or extremely weak memorizers.

伊玛目马立克推断：麦地那人中有许多是圣门弟子的直系后裔，而且先知（ﷺ）在麦地那度过了一生的最后十年，因此，所有麦地那人共同遵行的做法必定是被允许的，即便不是先知（ﷺ）亲自鼓励的。于是，伊玛目马立克将麦地那人的共同做法视为一种极为可靠的圣行，它以行为而非言语的方式流传下来。134

Imaam Maalik reasoned that since many of the Madeenites were direct descendants of the Sahaabah and Madeenah was where the Prophet (s.w.) spent the last ten years of his life, practices common to all Madeenites must have been allowed, if not encouraged by the Prophet (s.w.) himself. Thus, Imaam Maalik regarded common Madeenite practices as a form of highly authentic Sunnah narrated in deeds rather than words.134

马立克与艾卜·哈尼法一样，认为圣门弟子的伊吉玛尔（ijmā'），以及后世学者的伊吉玛尔，是伊斯兰教法的第三个最重要的渊源。

Maalik like Abu Haneefah considered the Ijmaa’ of the Sahaabah, as well as that of later scholars, as the third most important source of Islamic law.

伊玛目马立克充分重视圣门弟子的意见，无论他们的意见是相互矛盾还是一致的，并将其收录于他的圣训著作《穆宛塔》中。然而，圣门弟子的一致意见优先于圣门弟子的个人意见。若圣门弟子之间没有一致意见，则他们的个人意见优先于他自己的意见。

Imaam Maalik gave full weight to the opinions of the Sahaabha, whether they were conflicting or in agreement, and included them in his book of Hadeeth, al-Muwatta’. However, the consensus of the Sahaabah was given precedence over individual opinions of the Sahaabah. Where there was no consensus, their individual opinions were given precedence over his own opinion.

马立克过去会在前述依据未涵盖的问题上运用自己的演绎推理。然而，由于这类推理带有主观性，他对此非常谨慎。

Maalik used to apply his own deductive reasoning on matters not covered by the previously mentioned sources. However, he was very cautious about doing so because of the subectivity of such forms of reasoning.

伊玛目马立克也重视麦地那一些人中零星存在的做法，只要它们不与已知的圣训相矛盾。他的理由是：这些习俗即使只在个别情况下出现，也必定是从前代传承下来的，并且得到了圣门弟子的认可，甚至得到了先知穆罕默德ﷺ本人的认可。

Imaam Maalik also gave some weight to isolated practices found among a few people of Madeenah so long as they were not in contradiction to known Hadeeths. He reasoned that such customs, though occurring only in isolated instances, must also have been handed down from earlier generations and sanctioned by the Sahaabah or even the prophet (s.w.) himself.

伊斯提哈森（Istihsaan）这一原则由艾卜·哈尼法（Abu Haneefah）提出并加以发展，马立克（Maalik）及其弟子也运用了这一原则，只是他们称之为伊斯提斯拉赫（Istislaah），意为寻求更为适宜之事。它涉及那些有益于人类福祉、但未被伊斯兰教法（Sharee’ah）专门规定的事务。 伊斯提斯拉赫的一个例子见于哈里发阿里（‘Alee）的裁决：一群参与谋杀的人，即便实际下手的只有其中一人，整个群体都被判有罪。另一个例子是穆斯林领袖有权在国家利益需要时向富人征收天课（Zakaah）以外的税款，而伊斯兰教法中只规定了天课。伊玛目马立克还运用伊斯提斯拉赫的原则推导律例，使其更符合当下情况所产生的需要，而这比通过类比推理（Qiyaas）所推导出的律例更为贴切。

The principle of Istihsaan developed by Abu Haneefah was also applied by Maalik and his students except that they called it by the name Istislaah which means seeking that which is more suitable. It deals with things which are for human welfare but have not been specifically considered by the Sharee’ah. An exaple of Istislaah is found in Caliph ‘Alee’s ruling that a whole group of people who took part in a murder were guilty even though only one of the group had actually committed the act of murder. Another example is the right of a Muslim leader to collect taxes from the rich other than Zakaah if the interest of the state demands it, whereas in Sharee’ah only Zakaah has been specified. Imaam Maalik also applied the principle of Istislaah to deduce laws more in keeping with needs which arose from current situations than those deduced by Qiyaas.

与阿布·哈尼法一样,马利克也将穆斯林世界各地人们的各种习俗和社会习惯视为次级律例的可能来源,只要它们不与伊斯兰教法的字面或精神相抵触。135

Like Abu Haneefah, Maalik considered the various customs and social havits of people throughout the Muslim world as possible sources of secondary laws as long as they did not contradict either the letter or the spirit of the Sharee’ah.135

按照叙利亚的习惯，例如，“Daabbah”一词指的是马，而它在阿拉伯语中的一般含义是四足动物。因此，在叙利亚订立的一份要求以“Daabbah”形式支付的合同，在法律上将指马；而在阿拉伯世界其他地方，则必须更明确地界定为马。

According to custom in Syria, for example, the word Daabbah means a horse, whereas its general meaning in Arabic is four legged animal. Hence, a contract made in Syria requiring payment in the form of a Daabbah would legally mean a horse whereas elsewhere in the Arab world it would have to be more clearly defined as a horse.

马立克的学生中，后来没有自立学派（门户）的最著名者，是阿尔-卡西姆和伊本·瓦哈卜。

The most notable of Maalik’s students who did not later form their own Madh-habs were al-Qaasim and Ibn Wahb.

阿卡西姆出生于埃及，后前往麦地那，在他的老师兼导师门下求学二十余年。他撰写了一部关于马利克学派教法（Fiqh）的鸿篇巨著，其声望甚至超过了马利克本人的《穆宛塔》，并将此书命名为《穆达瓦奈》。

Al-Qaasim was born in Egypt but travelled to Madeenah where he studied under his teacher and mentor for a period of more than twenty years. He wrote an extensive book on the Fiqh of the Madh-hab, eclipsing even al-Muwatta’ of Maalik himself and called it al-Mudawwanah.

伊本·瓦哈卜也从埃及前往麦地那，师从伊玛目马立克。他在推导教法方面表现出众，以至于马立克授予他"穆夫提"的称号，意为伊斯兰法的官方阐释者。

Ibn Wahb also travelled from Egypt to Madeenah in order to study under Imaam Maalik. He distinguished himself in th deduction of laws to such a degree that Maalik gave him the title of al-Muftee, which means the official expounderof Islamic law.

伊本·瓦哈卜曾被授予埃及法官的职位,但他为了保持作为独立学者的操守而拒绝了这一任命。136

Ibn Wahb was offered an appointment as judge of Egypt, but turned it down in order to maintain his integrity as an independent scholar.136

马立克还有其他来自不同学派的著名学生。

Maalik had other famous students from other madh-habs.

其中一些人根据从马立克那里所学的内容修正了自己的教法学派，例如穆罕默德·沙伊巴尼，他是艾布·哈尼法最杰出的学生之一。还有一些人则将马立克的学说与其他人的学说结合起来，发展出了自己的教法学派，例如穆罕默德·伊本·伊德里斯·沙斐仪，他曾长期跟随伊玛目马立克学习，也曾跟随艾布·哈尼法的学生穆罕默德·沙伊巴尼学习。

Some of them modified their own Madh-habs based on what they learnt from Maalik, for example, Muhammad ash-Shaybaanee who was among the foremost students of Abu Haneefah. There were others who developed their own Madh-habs by combining Maalik’s teachings with that of others, for example Muhammad ibn Idrees ash-Shaafi’ee who studied for many years under Imaam Maalik as well as under Abu Haneefah’s student Muhammad as-Shaybaanee.

如今，这一教法学派的追随者主要分布于上埃及、苏丹、北非（突尼斯、阿尔及利亚和摩洛哥）、西非（马里、尼日利亚、乍得等）以及阿拉伯湾国家（科威特、卡塔尔和巴林）。

Today, the followers of this Madh-hab are found mostly in Upper Egypt, Sudan, North Africa (Tunisia, Algeria and Morocco), West Africa (Mali, Nigeria, Chad, etc) and the Arabian Gulf states (Kuwait, Qatar, and Bahrain).