The Maliki madhab is a wonderful legal system, whose contribution to Islamic fiqh is huge and influential. Many have asked about a clear way to approach studying the school. What follows below is my own suggestion, based on my own experiences and consultations with local scholars in my home of Arabia. I know that the Africans have their own ways and I respect that. This is my advice which I pray will benefit students of this amazing madhab.
The following curriculum is predicated on the assumption that one has studied some of the basic works such as Mukhtasar al-Akhdari, Matn al-Ashmawi, al-Waghlisyah, al-‘Izziyah (esp. Marriage and Commerce), al-Murshid al-Mu’in, Risalat Ibn Abi Zayd and Sharh al-Hattab ‘ala al-Waraqat. Of these basic works, I especially advise al-Murshid al-Mu’in and Risalat Ibn Abi Zayd due to the large amount of commentaries available and the likelihood of finding teachers and students who have studied the texts. Risalat Ibn Abi Zayd has the unique distinction of being continuously taught for over a thousand years. One unique feature is that the author often uses hadiths to construct the wording of the text. It is the second most popular Maliki matn in the manuscript tradition, boasting 238 known copies, second only to Mukhtasar Khalil. The text can be studied alone or with any of the following commentaries: Hashiyat al-‘Adawi, al-Thamr al-Dani by al-Azhari, Kifayat al-Talib al-Rabbani by al-Manufi (d. 939), or Sharh Shaykh Ahmad Zarruq (d. 889) with Hashiyat Fath al-Rabbani by al-Bannani (d. 1194).
Elementary
The goal of this stage is to start preparation for Khalil. There are two texts which do this very well. The first, which is the focus of this level, is Tadrib al-Salik by ‘Abd al-‘Aziz Al al-Shaykh Mubarak (d.1360), a 20th century scholar from Arabia. The text itself is an abridgment of Aqrab al-Masalik by Ahmad al-Dardir al-‘Adawi, which itself is an abridgment of Mukhtasar Khalil, and so is the perfect text for meeting our goal.
I strongly advise supplementing this with a modern work which has found great popularity and acceptance among contemporary Malikis: al-Fiqh al-Maliki fi Thawbihi al-Jadid by Muhammad Bashir Shaqfah. It is based on the major commentaries of Mukhtasar al-Khalil and is thus a reliable summary of the mashur of the school, with the added bonus of mentioning evidences. Most Malikis agree that is incredibly accurate in transmitting the relied upon views of the school. It is studied in the Emirates in the Shari’ah colleges after being commissioned by Shaykh Zayed in the late 1960s. Shaykh Hamza Yusuf also studied from this text during his study there. This book should be by one’s side from the beginning of one’s study of Maliki fiqh.
I also advise one to study al-Qawanin al-Fiqhiyyah by Ibn Juzayy al-Kalbi (abridged from Bidayat al-Mujtahid), to get introduced to fiqh al-muqarran and usul al-fiqh from a Maliki perspective. Some delay or even avoid fiqh al-muqarran, but I think it is essential to train students to think like a faqih from an early stage and appreciate and respect legal differences of opinion.
At this stage one should begin a proper study of Maliki usul al-fiqh. The Maliki madhab is distinguished not only in its approach to sources, but also the relatively large amount of sources it utilities, both textual and rational, in contradistinction to the Shafi’is. One must be aware, however, that most Maliki usuli works were highly influenced by Shafi’i works (tariaqat al-mutakalimun). In fact, both the Malikis and Hanbalis have generally been followers in this regard. The traditional texts to study are al-Isharah fi Usul al-Fiqh and al-Hudud by al-Baji and the short and clear Taqrib al-Wusul by Ibn al-Juzay. I personally prefer the modern work al-Jawahir al-Thaminah fi Bayan Adilat ‘Alim al-Madinah by Hasan al-Mashat. It is very clear in presenting the large number of Maliki usul sources and serves as a strong foundation for further study. One should also read the section on asbab al-ikhtilaf from Murtaqa al-Wusul by Ibn ‘Asim al-Gharnati.
I also suggest at this level introducing takhrij al-furu ‘ala al-usul, a rare science barely taught these days. It shows how usul principles are extended to produce furu’ outcomes. The best book for this at this level is Miftah al-Usul by al-Tilimsani.
Students should also read al-Muwatta with Ibn ‘Ashur’s wonderful sharh Kashf al-Mughatta. It is a modern commentary which elucidates the essentials with a focus on linguistic details.
For maqasid, the best introductory work is Ibn ‘Ashur’s Maqasid al-Shari’ah al-Islamiyyah. This is also short and clear, providing an overview of the field.
A lovely introduction to the Maliki madhab is Mubahith fi al-Madhab al-Maliki by Dr. ‘Umar al-Jidi. Supplement this with Nubdah min Istilah al-Malikiyyah by Ibrahim al-Zayla’i, which is his introduction to his edition of al-Masa’il alati la yu’dhir bi-Jahaliha.
Finally, the qawa’id al-khams must be introduced and the most appropriate text is the final section of Nazm Ibn Abi Kuff. This can serve as an introduction to Iydah al-Masalik by al-Wansharisi (d.914). The best edition is by Dar Ibn Hazm, edited by al-Ghariyani.
Intermediate
This is the stage at which one really needs to roll up one’s sleeves in order to advance in the madhab is a well-rounded manner. The effort put in at this stage is what will make further study easier.
The primary text for furu’ and the final step in preparation for Khalil is Aqrab al-Masalik by Ahmad al-Dardir al-‘Adawi (d. 1201).
Ahmad al-Dardir abridged this text from al-Khalil’s Mukhtasar, leaving out the differences of opinion, and clarifying some difficult passages. In that sense it is somewhat similar to Manhaj al-Tullab in the Shafi’i madhab and Zad al-Mustaqni’ in the Hanbali madhab. It serves as an excellent preparation for Khalil and should be the foundation of one’s intermediate level studies. The teacher may use either of the following commentaries:
- Sharh al-Saghir and/or al-Sawi’s (d.1241) hashiyat Bughyat al-Salik li-Aqrab al-Masalik
- Tabyin al-Masalik li-Tadrib al-Salik by Muhammad al-Shaybani al-Shanqiti
Another great modern text is al-Fiqh al-Maliki wa Adilatihi by al-Habib b. Tahir (which is a tahdhib and ta’dil for Sharh al-Saghir). This book is basically a refined version of Sharh al-Saghir and is the best book one can use when studying it.
At this level, I personally highly rate (the former grand mufti of Libya) al-Ghiryani’s Mudawwanat al-Fiqh al-Maliki wa Adilatihi (which is based on Mawahib al-Jalil, the large works of Ibn Rushd and other expansive Maliki works). If read before Khalil and its commentaries, it opens up everything. It’s a fantastic book. I have even heard some say that it is enough for one who just wants to learn the essentials of the madhab.
These two modern books are wonderful for Malikis today. Where they differ, Ibn Tahir is given preference, though this is a subjective view. Al-Ghiryani is excellent for showing how to think like a faqih and apply this to new scenarios.
For each chapter, reference al-Dhakhirah by al-Qarafi to get some qawa’id and fawa’id related to the chapter. One should also dip in and out of al-Madkhal by Ibn al-Hajj.
At this stage the student should read Istilah al-Madhab ‘ind al-Malikiyyah by Muhammad Ibrahim ‘Ali, a former professor of comparative fiqh at Umm al-Qura university in Makka. It is an excellent book covering the historical development of the school as well as the terminologies used. This should be supplemented with select readings from Qadi Iyad’s Tartib al-Madarik, to learn about the major scholars of the school.
For ahkam al-Qur’an, read Ahkam al-Qur’an by Ibn al-‘Arabi.
For al-Muwatta, the next commentary one should read is al-Muntaqa by al-Baji, which is an astonishing masterpiece that attests to the author’s scholarship. Read it alongside Awjaz al-Masalik which is a wonderful commentary. Do not let the fact that the author was an Indian Hanafi dissuade you from studying it. He did an excellent job transmitting the mash-hur of the madhab.
The next stage of fiqh al-muqarran is Bidayat al-Mujtahid by Ibn Rushd (abridged from Ibn Abd al-Barr’s al-Istidhkar). This expands upon Ibn Juzayy’s book and furthers one’s legal thinking, whilst appreciating that legal differences have validity.
In usul al-fiqh, the focus should now be on Maraqi al-Su’ud by al-‘Alawi al-Shanqiti with the two commentaries: Nathr al-Wurud by Muhammad al-Amin al-Shanqiti and Huli al-Taraqi by Muhammad Fal al-Shanqiti. Maraqi al-Su’ud is a nazm of the famous Shafi’i usul work Jam’ al-Jawami’, to which the poet added a lot more sources from the Malikis. Sharh Tanqih al-Fusul by al-Qarafi can be read as a supplement.
For qawa’id, an excellent book for this level is Tatbiqat Qawa’id al-Fiqh ‘ind al-Malikiyyah by al-Ghiryani.
For al-maqasid, Nahwa Taf’il Maqasid al-Shari’ah by Jamal al-Din ‘Atiyyah is a great book for this level.
One should master the terminologies of the madhab at this stage, because they will keep coming thick and fast thereafter in research.
For example, al-muttafaq ‘alayhi (unanimous) is when all of Malik’s statement on a matter (recorded in various books) are in agreement, alongside all the mujtahids within the madhab. It is somewhat synonymous with al-mu’tamad (the relied upon view), in that there is no disagreement that this is the view of the school.
Al-Mashhur (popular) has three definitions:
- The position which has been stated by most (this definition is best according to most scholars, and it matches the linguistic definition)
- The position which has the strongest evidence (which actually should be defined as al-rajih – see below)
- Malik’s statement in al-Mudawwana, recorded by Ibn al-Qasim (according to Ibn ‘Arafah (d.803), the hardcore Maliki imam from Tunis, in al-Mukhtasar al-Fiqhi)
Al-Shadh (Anomalous) is a position which has very few supporters. It is the opposite of mashhur above.
Al-Rajih (preponderant) is defined as the position which has the strongest evidence. This is the most subjective category and has the most difference of opinion. In fact, no scholar as of yet in the Maliki madhab has come along and reviewed the entire madhab and compared the statements with the evidences, giving preponderance to positions with strongest evidence in line with the usul of the school, in a manner which has gained wide acceptance akin to al-Rafi’i and al-Nawawi’s efforts in the Shafi’i madhab.
Al-Qawl al-da’if (weak statement) is the opposite of al-rajih in that the evidence according to the usul is weak.
Al-Mutasawi is when two positions have equal standing and neither has been given preponderance.
Advanced
Mukhtasar Khalil b. Ishaq al-Jundi (d. 776)
The Mukhtasar of Sidi Khalil has an unrivaled position in the later Maliki School and is the mu’tamad and mufti bihi text today. It is still memorized in Mauritania. Its popularity is attested to by 348 manuscript copies, making it the most popular non-Hanafi fiqh text in the pre-modern period. It uses unique phrases to indicate differences of opinion among major authorities of the School:
- ‘fiha’ for Sahnun’s al-Mudawwanah
- ‘al-ikhtiyar’ for al-Tabsirah by al-Lakhmi
- ‘al-tarjih’ for al-Jami’ li Masa’il al-Mudawwanah by Ibn Yunis
- ‘al-zahir’ for al-Bayan wa al-Tahsil by Ibn Rushd
- ‘al-qawl’ for Sharh al-Talqin by al-Mazari
However, the text is pregnant in meaning and difficult in expression. Much is implicit. Therefore, it invariably is studied with commentary. Teachers would refer to a variety of the countless commentaries such as Sharh al-Zarqani, al-Bayan wa al-Taklil, and al-Hattab’s magnificent, though difficult, Mawahib al-Jalil. Students, on the other hand, may refer to the following:
- Sharh al-Kabir by Ahmad al- Dardir (d. 1201) – the mu’tamad sharh in the madhab, with hashiyyat al-Dasuqi (d. 1230)
- Nasihat al-Murabit by Shaykh Muhammad al-Amin al-Shanqiti (d.1325) is an excellent work, popular in Mauritania
- al-Tawdih fi sharh Mukhtasar Ibn al-Hajib which is the mother book of Mukhtasar Khalil
- al-Mukhtasar al-Fiqhi by Ibn ‘Arafah (16 vols. in Dar Ibn Hazm ed.)
Some older classics which are suitable supplemental readings at this level are al-Kafi by Ibn Abd al-Barr and al-Talqin, al-Ma’una and al-Ishraf by Qadi Abd al-Wahab. One text in particular is precious: Sharh al-Talqin by al-Mazari, which is an outstanding commentary on al-Talqin by Qadi ‘Abd al-Wahab. Whilst they do not provide the mashur of the madhab, they expose the student to the legal thinking and presentation of issues for Malikis living among non-Malikis and thus having to justify the school’s positions from the standpoint of hadith. Non-Malikis are usually and generally not convinced by non scriptural sources such ‘amal and istihsan. Whilst I often think that Malikis and Hanafis solely using hadiths to justify positions is a losing battle (because you can’t beat the Shafi’is at their own game), and should instead justify from an usul al-fiqh point of view, these works are good efforts.
For ahkam al-Qur’an, read al-Jami’ li-Ahkam al-Qur’an by al-Qurtubi.
For al-Muwatta, one must read extensively from al-Istidhkar and al-Tamhid by Ibn ‘Abd al-Barr. These two also serve as the fiqh al-muqarran books for this level. I would also add Sharh al-Zarqani, which was heavily relied upon for Awjaz al-Masalik.
For legal theory, al-Furuq by al-Qarafi should be read. It shows practical examples of legal distinctions in the madhab and is a unique work, appreciated even by non-Malikis.
For al-maqasid, Nazariyat al-Maqasid ‘ind al-Imam al-Shatibi by Ahmad al-Raysuni. This serves an an outstanding introduction to the masterpiece al-Muwafaqat by al-Shatibi, which is one of the greatest usul al-fiqh works ever written, though it was neglected until the late 19th century.
Mastery
At this level, one should be competent enough to research the mother books and references of the school. Mastery of this madhab is extremely difficult, and these are just the beginning steps.
The two works which should be used now are:
- al-Tawdih fi sharh Mukhtasar Ibn al-Hajib by Khalil b. Ishaq
- al-Mukhtasar al-Fiqhi by Ibn ‘Arafah
These two reviewed the ummahat works and attempted to give tarjih between conflicting statements. They both had differing approaches. For example, Khalil equates mash-hur with the most frequently cited opinion whereas Ibn ‘Arafah equates it with Malik’s statement especially in al-Mudawwanah. Read both and compare their approaches issue by issue. Check their citations against the foundation works below.
Works based on al-Mudawwanah:
- Ibn Abi Zayd (d.386) – al-Nawadir wa al-Ziyadat
- Al-Baradi’i (d.400) – al-Tahdhib (a mukhtasar which became a very important teaching text in the early period of the school)
- Ibn Yunus (d.451) – al-Jami’ li Masa’il al-Mudawwanah (sharh)
- al-Lakhmi (d. 478) – al-Tabsirah (ta’liqa)
- Ibn Rushd al-Jadd (d.520) – al-Muqadimat al-Mumahhidat (a sharh)
Works on al-‘Utbiyah:
- Ibn Rushd al-Jadd – al-Bayan wa al-Tahsil (sharh)
The rank of sources of Malik’s statements (collectively known as al-Ummahat):
- al-Mudawannah al-Kubra by Suhnun (d.240)
- al-Muwatta’ in its various transmissions
- al-‘Utbiyyah/al-Mustakhrajah by al-‘Utbi (d.255)
- al-Mawwaziyyah by Ibn al-Mawwaz (d.281)
- al-Wadihah by Ibn Habib (d.238) – no longer extant but available in sections of al-Nawadir wa al-Ziyadat and other works
How to find the mashur in the Maliki school
This is a simplified generalization. Nevertheless, it highlights the importance of al-Mudawwanah, which takes precedence over the various transmissions of al-Muwatta’.
- Ibn al-Qasim’s narrations from Malik in al-Mudawwanah
- Others’ narrations from Malik in the Mudawwanah
- Ibn al-Qasim’s opinions in the Mudawwanah
- Others’ opinions in the Mudawwanah
- Ibn al-Qasim’s narrations from Malik outside the Mudawwanah
- Others’ narrations from Malik outside the Mudawwanah
- Ibn al-Qasim’s opinions outside the Mudawwanah
- The opinions of the major scholars of the madhab outside the Mudawwanah
The importance of the Mudawwana is that it’s a collection of what Ibn Al Qasim learned in the last 20 years of Imam Malik’s life, which means it’s the final ijtihad of Imam Malik.
One should also read books on judging, especially Tuhfat al-Hukkam by ibn ‘Asim and Tabsirat al-Hukkam by Ibn Farhun. These must be read before giving any judgement or fatwa in the madhab.
Development of the Madhab
In the early period of the madhab, the primary manuals of instruction were Risalah Ibn Abi Zayd and Tahdhib al-Baradi’i, which was a refined abridgment of al-Mudawwanah.
For development beyond the Mudawwana, one looks at the different historical schools of the madhab, which formed in the generation of Malik’s students, in the age of takhrij (addressing issues Malik did not). I must add that is is traditionally said that only four schools developed, but the reality is that it was at least six, if one counts the offshoots as independent schools.
The Egyptians were most authoritative because their leaders were senior students of Malik. They were strong advocates of Malik and generally preferred Madinan amal over ahad hadith:
- Ibn al-Qasim (d.191)
- Ibn Wahb (d.197)
- Ashab (d.204)
- Ibn Abd al-Hakim (d.210)
The Madinans are next in precedence simply because of the blessing of Madinah, rather than their scholarship or contributions to the madhab. They were unique in that they apparently preferred ahad hadith over Madinan amal, unlike every other school. The main figures were:
- Ibn Nafi’ (d.207)
- Ibn al-Majishun (d.214)
- Mutarrif (d.220)
The Maghribis/Ifriqians (North-West Africans), especially the Tunisians, are next in precedence because they developed they preserved the madhab quite extensively. They were more concerned with the statements and fatawa of Malik than the Muwatta’. They held full dominance in their lands, with little opposition, so gave little attention to evidences. There was no need to justify positions beyond what what mash-hur. The notables of this school were:
- ‘Ali b. Ziyad (d.183), who first introduced al-Muwatta to Ifriqiya
- Asad b. al-Furat (d.213), the primary student of Ibn Ziyad, and whose basic text formed the foundation of al-Mudawwanah
- Sahnun (d.240), who built upon Asad’s work by checking with Ibn al-Qasim to write al-Mudawwanah
- Ibn Abi Zayd al-Qayrawani (d.386), whose al-Nawadir wa al-Ziyadat was the first abridgment of al-Mudawwanah and al-Risalah became the most popular teaching text
- al-Lakhmi (d.478), whose al-Tabsirah is an important commentary on al-Mudawwanah and one of Khalil’s major sources. He was a mujtahid mutlaq in the madhab. His ikhtiyarat are well-argued and go against the mash-hur in many instances. His book is amazing, one of the essentials.
The Andalusians tended to combine the hadith approach of the Madinans with the mash-hur approach of the Egyptians and Ifriqians. This perhaps might have resulted from the presence of other schools in Spain such as those of al-Awza’i (d.158) and Dawud al-Zahiri (d.270). Spain produced such figures as:
- Yahya b. Yahya al-Laythi (d.224), whose transmission of al-Muwatta became the most popular due to Andalusian commentaries
- Ibn Habib (d.238), author of al-Wadihah
- al-‘Utbi (d.255), author of al-‘Utbiyyah
- Ibn Abd al-Barr (d.463), author of al-Kafi in Maliki fiqh and the two commentaries on al-Muwatta: al-Tamhid and al-Istidhkar
- Abu al-Walid al-Baji (d.474), author of the highly regarded al-Muntaqa
- Ibn Rushd al-Jadd, ‘the grandfather’ (d.520), author of al-Muqaddimat
- Ibn Rushd al-Hafid, “the grandson” (d.595) author of Bidayat al-Mujtahid
- Abu Ishaq al-Shatibi (d.790), author of al-Muwaffaqat, though largely unknown till the late 19th century
The Sicilian school was somewhat of an extension of the Maghribi school and boasted such luminaries as:
- Ibn Yunus (d.451), whose al-Jami’ li Masa’il al-Mudawwanah is an important commentary on al-Mudawwanah
- al-Mazari (d.536), born in Sicily but migrated to Tunisa after the Norman invasion of Sicily, where he studied under al-Lakhmi (d.478) and later wrote the unique masterpiece, Sharh al-Talqin, which was heavily relied on by Khalil in his Mukhtasar. Al-Mazari is one of the absolute mujtahids in the Maliki madhab, and Sharh al-Talqin is one of the best fiqh books written in any madhab.
The Iraqis are ranked last due to their remoteness and rational approach. The Iraqi school is said to have been somewhat of an extension of the Madinan school. As a result of being in Iraq, where all the other schools were present, the Iraqis tended to focus on evidence to defend the school in debates with others. Their primary figures were:
- Qadi Abd al-Wahab (d.422), author of al-Talqin, al-Ma’una, and al-Ishraf, is seen to have a similar rank to Ibn Rushd with the latter scholars of the madhab, and attained prominence after moving to Egypt
- Ibn al-Jullab
- al-Abhari (d.355)
These regional schools developed furu’ based on takhrij of the madhab’s usul. However, because each school had a particular approach based on differing understanding and application of Malik’s usul, there appeared a wide array of conflicting statements on any given issue. What was needed was immense effort to sift through these statements and do tarjih between them.
The first step towards this process was done by Ibn al-Hajib (d.646), who attempted to collect all of Malik’s statements in Jami’ al-Ummahat by combining al-Mudawannah al-Kubra by Suhnun, al-‘Utbiyyah/al-Mustakhrajah by al-‘Utbi, al-Mawwazinah by Ibn al-Mawwaz, and the no longer extant al-Wadihah by Ibn Habib, available in sections of al-Nawadir wa al-Ziyadat and other works. His work replaced Tahdhib al-Baradi’i as the main text in the school, replacing even the Mudawwana in practice. Jami’ al-Ummahat enjoyed wide acceptance and came to be regarded as a synopsis of the madhab.
The next step came from Khalil b. Ishaq al-Jundi (d.776), who then wrote a magnificent commentary on Jami’ al-Ummahat called al-Tawdih fi sharh Mukhtasar Ibn al-Hajib. This book reviewed the primary works of the madhab and gave tarjih between the conflicting opinions.
Al-Tawdih was then abridged in Mukhtasar Khalil, which is basically the main Maliki fiqh text today, upon which fatwa can be given.
After Khalil came Ibn ‘Arafah (d.803), the hardcore Maliki imam from Tunis, who wrote his ironically titled (16 volume masterpiece) al-Mukhtasar al-Fiqhi. This work also refined the madhab and serves as an encyclopedia of Maliki fiqh.
Original Article Here.