Islamic Law – Suhaib Webb

The Distinguishing Features of The Muwatta’: Shaybani’s Narration

Suhaib Webb on June 12, 2024

This unparalleled work in jurisprudence is blesssed with the narrations of our Prophet (peace and blessings be upon him and his family and companions) and by the efforts of its compiler, Imam Malik (may Allah have mercy on him). One of the signs of the excellence of the Muwatta’ is that Allah has granted it widespread acceptance among both the general public and scholars of Islam. Moreover, Allah’s complete blessing upon Imam Malik (may Allah have mercy on him) is evident in the Muwatta’s organization, categorization, and comprehensiveness, recording the noble Sunnah according to various jurisprudential chapters.

Malik’s Depth & Humility

In the Muwatta’ – as narrated by Muhammad ibn al-Hasan – Malik said: “I visited Abu Ja’far in the morning when the sun had just risen, and he had descended from his bed to his carpet. He said to me: ‘You truly deserve all good and every honor.’ He continued to ask me questions until the call to the Dhuhr prayer, and then he said to me: ‘You are the most knowledgeable of people.’ I said: “No, by Allah, O Commander of the Faithful.” He said: “Yes, but you are hiding it. There is no one more knowledgeable than you today after the Commander of the Faithful, O Abu Abdullah”—this being the kunyah (nickname) of Imam Malik. “Write books for the people and avoid the strictness of Abdullah ibn Umar, the leniencies of Ibn Abbas, and the odd views of Ibn Mas’ud. Stick to the middle ground and what the ummah and the companions have agreed upon. If I live, I will write your books in gold and compel people to follow them.”

I said to him: “O Commander of the Faithful, do not do this, for the people have already accepted various opinions, heard hadiths, narrated traditions, and each group has adopted what they previously encountered and acted upon it, following the differences among the companions of the Messenger of Allah (peace and blessings be upon him and his family and companions) and others. It would be difficult to turn them away from what they believe. So leave the people with what they have chosen and what the people of each land have selected for themselves.”

He said: “By my life, if you had agreed with me on this (to do what he said), I would have commanded it.”

In Al-Zurqani’s commentary on the Muwatta’, it is mentioned: Abu Mus’ab narrated that Abu Ja’far Al-Mansur said to Malik: “Write a book for the people that I can compel them to follow.”

Malik discussed this with him and Abu Ja’far al-Mansur said: “Write it, for there is no one more knowledgeable than you today.” So, Malik wrote the Muwatta’, but before he finished it, Abu Ja’far passed away.

The Meaning and Significance of Al-Muwatta

The term “Al-Muwatta’” means “the facilitated and simplified.” Imam Malik, upon his completion of the text, presented it to seventy jurists from among the scholars of Madinah, who all agreed on its authenticity, and thus it was named “Al-Muwatta’.

Imam Malik (may Allah have mercy on him) compiled in Al-Muwatta’ the hadith of our Prophet (peace and blessings be upon him and his family and companions), the sayings of the Companions, the sayings of the Followers, and the consensus of the scholars of Madinah, as well as his ijtihads, his understanding of Usul al-Fiqh, the science of hadith and more.

The Importance of Al-Muwatta’ and the Difficulty of Combining Jurisprudence and Hadith

Writing hadith and compiling them into a book organized by jurisprudential chapters can only be undertaken by a jurist who understands the meanings of the noble hadiths, comprehends their contexts and objectives, and can distinguish between different wordings, as well as the depth, purpose and relationship hadith has with the Shari’ah, God’s law

Scholars, who combine expertise in hadith and jurisprudence, are rare compared to the many narrators and hadith preservers. Memorization is one thing, and jurisprudence is another—more distinguished, noble, important, and beneficial. Jurisprudence involves the precise understanding of texts from the Qur’an and Sunnah, whether through explicit wording, implication, indication, or metaphor, and applying them appropriately in various rulings without excess, deficiency, rashness, or rigidity.

These qualities were rare among scholars of the past, and are even rarer among contemporary scholars. It is a grave and compounded mistake to assume that merely memorizing hadith or owning and reading hadith books makes one a jurist knowledgeable in Islamic rulings and skilled in precise deduction.

Imam Ahmad ibn Hanbal (may Allah be pleased with him) said: “How rare is jurisprudence among the people of hadith.”

The Merits of Al-Muwatta’

The Muwatta’ by Imam Malik (may Allah have mercy on him) has numerous distinctive qualities that set it apart from other books of hadith.

These include:

First: The Muwatta’ was compiled by an eminent, pioneering jurist, hadith scholar, and mujtahid, recognized and followed by his contemporaries and later scholars for his unparalleled knowledge in both jurisprudence, hadith and the legal precedents before him.

The hadith scholar Ibn Abi Hatim narrated in “Al-Jarh wa Al-Ta’dil” from Ali ibn Al-Madini: “The hadith understandings of the jurists was more beloved to them than that of the scholars of hadith.”

Ahmad ibn Hanbal said: “Understanding hadith and its jurisprudence is more beloved to me than merely memorizing hadith.”

Ali ibn Al-Madini said: “The noblest knowledge is understanding the texts of hadith and knowing the conditions of the narrators.”

In “Tadrib Al-Rawi” by Al-Hafiz Al-Suyuti, Al-A’mash said: “A hadith circulated among the jurists is better than a hadith circulated among the elders.”

Second: Scholars unanimously praised and honored the Muwatta’, speaking highly of it. Here, I suffice with the words of the leader of the imams, the jurist, hadith scholar, and followed mujtahid, Imam Al-Shafi’i (may Allah be pleased with him), which is enough:

He said: “There is no book on the face of the earth after the Book of Allah that is more authentic than the book of Malik.”

In another version: “There is no book on earth that is closer to the Qur’an than the book of Malik.” In another version: “There is no book after the Book of Allah that is more correct than the Muwatta’ of Malik.” In another version: “There is no book after the Book of Allah that is more beneficial than the Muwatta’.”

The variety of these expressions indicates Imam Al-Shafi’i’s repeated praise for the Muwatta’ on multiple occasions.

This praise by Imam Al-Shafi’i (may Allah have mercy on him) for the Muwatta’ was before the compilation of Sahih Al-Bukhari and Sahih Muslim. Al-Hafiz Al-Dhahabi and Ibn Al-Salah mentioned that he said this before these two Sahihs were authored.

Third: The Muwatta’ was authored in the mid-second century of the Hijra, making it a pioneer in its field, unmatched by any similar work. It is the first book of its kind, and being the first gives it distinction and merit. Imam Malik was the one who established the method of compiling hadith according to the chapters of jurisprudence, a methodology followed by later scholars like Abdullah ibn Al-Mubarak, Al-Bukhari, Muslim, Sa’id ibn Mansur, Abu Dawud, Al-Tirmidhi, Al-Nasa’i, Ibn Majah, and others. For being the first, it is deserving of our high praise. A poet wrote:

“It is, by its precedence, deserving of distinction and worthy of our beautiful praise.”

Fourth: It was transmitted, in this context, from its author by a prominent, pioneering jurist, hadith scholar, and mujtahid, who was renowned for his knowledge in jurisprudence, hadith, and Arabic—Imam Muhammad ibn Al-Hasan Al-Shaybani. He was a student of the two imams, Abu Hanifa and Abu Yusuf, and the teacher of Imam Al-Shafi’i. He stayed with his teacher Malik for three years, listening to the book from him verbatim, absorbing his jurisprudence, knowledge, and narrations. His exceptional intelligence, acute awareness, and profound understanding made jurisprudence second nature to him.

He mastered the transmission of the Muwatta’ from his teacher Malik and added after narrating it his opinions on the issues, whether agreeing or disagreeing, and stated the views of his teacher, Imam Abu Hanifa, whether in agreement or disagreement, and sometimes the views of Imam Malik and other jurists.

In many chapters, he would explain the meaning of the hadith, its context, and his preferred or disliked aspects of the issue, often detailing the differences between his views and those of his teachers, Imam Abu Hanifa and Imam Malik, clarifying the conditions and rulings of the matter.

I ask Allah Almighty to grant us understanding in religion, teach us interpretation, and provide us the means to act upon what we know. Ameen.

Sheikh Ahmad Sharif al-Nasani

Malik, the Muwatta, Ali & Ahl Bayt

Suhaib Webb on June 11, 2024

Q: Is it true Imam Malik shied away from narrating hadith about Ali (رضي الله عنه) in the Muwatta because Malik feared the Umayyads?

A: That is incorrect for three reasons:

Historically inaccurate: Imam Malik started writing the Muwatta around 147 AH, finishing it around 158 AH. That was well after the Umayyads were gone. They fell around 132 AH. Sheikh Abdul Fattah Abu Ghudda – may Allah have mercy on him – writes: “Malik’s compilation of Al-Muwatta’ took place after the year 146 or 147 AH, and its completion was after the year 158 AH with certainty.”
Imam Malik was a student of Imam Ja’far al-Sadiq, who encouraged people to take Malik as an Imam. Imam al-Zawawi mentioned in his book “The Merits of Imam Malik – may Allah have mercy on him” that “some people from the people of Kufa entered upon Ja’far al-Sadiq during his illness, in which he passed away – may Allah have mercy on him – and they asked him to appoint a man for them after him whom they could return to regarding their religious matters. He said: ‘Adhere to the sayings of the people of Medina, for it purifies it as alkali purifies iron; adhere to the traditions of those who have passed; for I assure you that I am a follower, not an innovator. Adhere to the understanding of the people of Hijaz; adhere to the blessed Mu’min in Islam, who followed the traditions of the Messenger of Allah – peace be upon him – as I have examined him and found him to be a knowledgeable and virtuous scholar, following him willingly, not inclining to desires nor belittling by necessity, and he narrates only from the virtuous companions of the Messenger of Allah – peace be upon him – for if you follow him, you will grasp your share of Islam, and if you oppose him, you will be misguided and doomed. Do you not say that I am filled with knowledge, not in need of anyone from the creatures, as I have taken from me everything they need, so that desires do not lead you to destruction, I warn you of Allah’s punishment on the Day of Resurrection, a day when neither wealth nor sons will be of any avail, except for those who come to Allah with a sound heart… They asked: Who is he? He said: Malik ibn Anas.”
Imam Malik narrated numerous hadiths from Ahl al-Bayt – may Allah honor them. For example, he often narrated hadiths from Jabir ibn Abdullah al-Ansari through Ja’far ibn Muhammad from his father. He also narrated hadiths to Sayyidina Ali, Allah be pleased with him.

Here are several narrations from the Muwatta of Yahya from Ali, Allah be pleased with him:

1. He narrated – with an explicit statement – that he did not perform ablution from what touched fire. Malik reported to me that it reached him that Ali ibn Abi Talib and Abdullah ibn Abbas did not perform ablution from what touched fire. (Al-Muwatta 1/26 Hadith number: 52).

2. He narrated – as a Musnad hadith – the ruling of ablution from pre-seminal fluid. Yahya reported to me from Malik from Abu al-Nadr, the freed slave of Umar ibn Ubaydullah, from Sulayman ibn Yasar, from Muqdad ibn al-Aswad, that Ali ibn Abi Talib ordered him to ask the Messenger of Allah, peace be upon him, about a man who approached his family and then experienced pre-seminal fluid. Ali said: “I have a daughter of the Messenger of Allah, peace be upon him, and I am ashamed to ask him.” Muqdad said: “So, I asked the Messenger of Allah, peace be upon him, about it, and he said: ‘If one of you experiences that, let him wash his private parts with water and perform ablution for prayer.'” (Al-Muwatta 1/4, Hadith number 84).

3. He narrated in the chapter of Recitation in Prayer: Yahya reported to me from Malik from Nafi from Ibrahim ibn Abdullah ibn Hunayn from his father from Ali ibn Abi Talib that the Messenger of Allah, peace be upon him, forbade wearing rough garments during prayer, wearing gold rings, and reciting the Quran while bowing. (Al-Muwatta 1/8, Hadith number 176).

4. He narrated – with an explicit statement – in the chapter of the Middle Prayer: Malik reported to me that it reached him that Ali ibn Abi Talib and Abdullah ibn Abbas used to say that the Middle Prayer is the Fajr prayer. Malik said: “The statement of Ali and Ibn Abbas is what I prefer in this matter.” (Al-Muwatta 1/139, Hadith number 316).

5. Mentioned in the Hadith of Umm Hani’ in (The Duha Prayer): Narrated to me by Malik from Abu al-Nadr, the freed slave of Umar ibn Ubayd Allah, that Abu Murrah, the freed slave of Aqil ibn Abi Talib, informed him that he heard Umm Hani’ bint Abi Talib saying: “I went to the Messenger of Allah, peace be upon him, in the year of the conquest, and found him performing ghusl while Fatimah, his daughter, was covering him with a garment.” She said: “So I greeted him, and he said: ‘Who is this?’ I said: ‘Umm Hani’ bint Abi Talib.’ So he said: ‘Welcome, Umm Hani’.’ When he finished his ghusl, he stood and prayed eight rak’ahs, wrapped in one garment. Then he left. So I said: ‘O Messenger of Allah, my maternal uncle Ali claims that he fought a man whom so-and-so hired.’ So the Messenger of Allah, peace be upon him, said: ‘We will pay him from what he was paid, O Umm Hani’.’ Umm Hani’ said: “That was the Duha prayer.” (Al-Muwatta 1/152 Hadith number 356).

6. Mentioned in (The Permissibility of Passing in Front of the Worshipper): Narrated to me by Malik that it reached him that Ali ibn Abi Talib said: “Nothing should cut off the prayer from what passes in front of the worshipper.” (Al-Muwatta 1/156 Hadith number 368).

7. Mentioned in (The Eid Prayer): Abu Ubaid said: “Then I witnessed the Eid prayer with Ali ibn Abi Talib and Uthman, who was restricted, and he came, prayed, then departed, and he delivered a sermon.” (Al-Muwatta 1/179).

8. Mentioned in (Standing at Funerals): Yahya narrated to me from Malik, from Yahya ibn Said, from Waqid ibn Amr ibn Sad ibn Muadh, from Nafi ibn Jubayr ibn Mut’im, from Mas’ud ibn al-Hakam, from Ali ibn Abi Talib, that the Messenger of Allah, peace be upon him, used to stand at funerals, then he would sit afterward. (Al-Muwatta 1/232 Hadith number 551).

9. Mentioned in (The Chapter of Visiting Graves): Narrated to me by Malik, that it reached him that Ali ibn Abi Talib used to rest on graves and recline on them. Malik said: “We disapprove of sitting on graves, as we view it according to the schools of thought.” (Al-Muwatta 1/233 Hadith number 552).

10. Mentioned in (The Chapter of Reciting Quran During Hajj): Yahya narrated to me from Malik, from Ja’far ibn Muhammad, from his father, that al-Miqdad ibn al-Aswad entered upon Ali ibn Abi Talib with water for him to perform ablution, and he had dough and dates ready for him. He said: “This is Uthman ibn Affan prohibiting connecting Hajj and Umrah together.” So Ali ibn Abi Talib went out, and traces of dough and dates were on his hands. He never forgot the traces of dough and dates on his arms until he met Uthman ibn Affan. Then he said: “Are you prohibiting connecting Hajj and Umrah?” Uthman said: “That is my opinion.” So Ali left angrily, saying: “Here I am, O Allah, here I am, with Hajj and Umrah combined.” (Al-Muwatta 1/336 Hadith number 742).

11. Mentioned in (The Chapter of Tawaf): Narrated to me by Malik, from Ja’far ibn Muhammad, from his father, that Ali ibn Abi Talib used to perform Tawaf with Hajj until the sun declined on the Day of Arafat, then he would perform the Tawaf. (Al-Muwatta 1/338 Hadith number 746).

12. Mentioned in (The Chapter of Sacrifice of the Haram Animals): Yahya narrated to me from Malik, from Ja’far ibn Muhammad, from his father, that Ali ibn Abi Talib said: “The Messenger of Allah, peace be upon him, sacrificed some of his sacrificial animals and others were sacrificed by others.” (Al-Muwatta 1/394 Hadith number 883).

13. Also mentioned in the Chapter of the Inheritance of Non-Muslims: Yahya narrated to me from Malik, from Ibn Shihab, from Ali ibn Husayn ibn Ali, from Umar ibn Uthman ibn Affan, from Usamah ibn Zayd, that the Messenger of Allah, peace be upon him, said: “A Muslim does not inherit from a disbeliever.” Malik narrated to me from Ibn Shihab, from Ali ibn Abi Talib, that he informed him: “Aqil and Talib inherited from Abu Talib, but Ali did not inherit from him.” He said: “So we left our share of the property.” (Al-Muwatta 2/519 Hadith numbers 1.82 and 1.83).

14. Mentioned in the Book of Marriage (Chapter on What is Disliked Regarding Marrying Two Sisters through the Right of Possession): Yahya narrated to me from Malik, from Ibn Shihab, from Qubaysah ibn Dhu’ayb, that a man asked Uthman ibn Affan about marrying two sisters through the right of possession, if it is permissible. Uthman said: “Allah made one lawful and the other unlawful. As for me, I do not like to do that.” He said: “So the man left him and met a man from the companions of the Messenger of Allah, peace be upon him, and asked him about that, and he said: ‘If I had any authority in the matter and found anyone doing that, I would punish him.’” Ibn Shihab said: “I think it was Ali ibn Abi Talib.” (Al-Muwatta 2/538 Hadith number 1122).

15. Mentioned in (The Chapter of Temporary Marriage): Yahya narrated to me from Malik, from Ibn Shihab, from Abdullah and al-Hasan, the sons of Muhammad ibn Ali ibn Abi Talib, from their father, from Ali ibn Abi Talib, may Allah be pleased with him, that the Messenger of Allah, peace be upon him, forbade temporary marriage on the day of Khaybar, and eating the meat of domesticated camels. (Al-Muwatta 2/548 Hadith number 1129).

Q: Why is the Muwatta not filled with narrations about Sayydina Ali, Allah bless him?

A: This is more geographical than political, and your question is framed wrong for a number of reasons. In short: Malik narrated what he had access to; all of the narrators in the Muwatta were from Medina except six or seven. For that reason, his narrations of the companions who lived outside of Medina were limited. Ali, Allah bless him, being one of them. Another example is. Abdullah bin Masud; Malik did not narrate a lot on his behalf. Harun Rashid asked Malik a similar question. The Imam responded that his geographical location limited him to the scholars he had access to.

Allah knows best,

Suhaib Webb

Acts Allowed On Hajj: Azhar Research Center

Suhaib Webb on June 8, 2024

With the names of Allah: the Most Gracious, the Most Merciful

This is a brief document translated and organized by the Suhaib Webb Institute for pilgrims, educators and guides. The original was prepared by the Azhar Center for Research under the leadership of Dr. Ahmed Tayyib, the current Sheikh al-Azhar.

Appreciate this work? Support my institute by subscribing at Join.suhaibwebb.com today!

Suhaib Webb

Introduction

Praise be to Allah and blessings and peace be upon our Master, the Messenger of Allah, and upon his family and companions

To alleviate the great hardship that befalls some pilgrims of the Sacred House of Allah due to travel, crowding, hot weather, and other difficulties, the Al-Azhar Global Fatwa Center at the Al-Azhar Mosque presents a short document titled: The Clarification On Permissible Actions for Pilgrims and Those Performing Umrah.

It clarifies what is permissible for pilgrims to do, contrary to what many people think is prohibited during Hajj. These actions are, in fact, permissible, and there is no harm in doing them.

Know, dear pilgrim, the following are permissible while on Hajj::

1. Wear your ihram clothes and declare your intention for Hajj before leaving your home, at the airport (if possible), or on the plane as long as you have not crossed the miqat.

2. For a menstruating woman or a woman experiencing postnatal bleeding, it is permissible to intend ihram, as purification is not a condition for ihram.

3. Change your intention among the three types of pilgrimage (ifrad, tamattu’, and qiran) before crossing the miqat. After crossing the miqat, it is permissible to switch from ifrad to tamattu’ and from qiran to tamattu’. There is a detailed discussion and disagreement among scholars regarding the reverse.

4. Wear a belt with your ihram clothes, carry a bag in your hand, wear a wristwatch, sunglasses, or a ring. All of this is permissible.

5. Wear medical shoes and a medical belt with your ihram clothes if needed.

6. If you have an excuse, such as urinary incontinence or bleeding, you can protect your clothes and perform tawaf and sa’i. By wearing diapers or shields.

7. Carry an umbrella over your head as long as it is not attached to your head.

8. For a woman in ihram, it is permissible to wash and comb her hair while taking care to avoid intentionally causing hair to fall.

9. Take a bath while in ihram, avoiding the use of perfume.

10. Enter the Sacred Mosque (Masjid al-Haram) through any gate you wish.

11. Know that you have a supplication that is answered upon seeing the Kaaba for the first time, so rejoice in this.

12. Rest during your tawaf and sa’i if needed, such as due to old age or severe fatigue.

13. Point to the Black Stone with your hand if you cannot reach it.

14. Perform tawaf on the upper floors, and you will receive the same reward as those who perform tawaf around the Kaaba directly.

15. It is recommended to pray two rak’ahs behind the Maqam Ibrahim or in any place that is convenient for you in the mosque if it is crowded.

16. You are permitted to skip the arrival tawaf (tawaf al-qudum) and go directly to Arafat if you arrive late.

17. It is permissible to go to Arafat before noon.

18. You may skip going to Mina on the eighth day and go directly to Arafat.

19. Know that the entire area of Arafat is a place of standing except for the bottom of the valley (Wadi ‘Uranah).

20. It is permissible to sleep, eat, drink, seek shade, walk, sit, and do what others do during the rites of Hajj.

21. You may also seek medical treatment if you suffer any harm, Allah forbid, during the rituals.

22. Know that in cases of necessity, you are allowed to leave Arafat before sunset without any penalty. This is the opinion of the Shafi’i scholars, and is supported by the hadith narrated by the authors of the Sunan from Ghazwah ibn Mudarris al-Tai, who said: “I came to the Messenger of Allah at the place of gathering (meaning Muzdalifah) and said: ‘O Messenger of Allah, I came from the mountain of Tayy, I exhausted my camel and tired myself. By Allah, I left no mountain but I stood upon it. Is there Hajj for me?’ The Messenger of Allah said: ‘Whoever prays this prayer with us and stands with us until we depart, and has already stood at Arafat before that, day or night, has completed his Hajj and fulfilled his ritual.'”

23. It is permissible to combine Maghrib and Isha prayers before reaching Muzdalifah, combining them at the earlier time.

24. You are also allowed to leave Muzdalifah at night to throw the pebbles.

25. Spending the night at Muzdalifah is achieved by the mere stopping of the car, bus, or yourself for a short time, even if only for 5 minutes.

26. You can collect the pebbles from any place; it is not required to collect them from Muzdalifah.

27. You may throw the pebbles before noon.

28. You may advance or delay the actions of the Day of Sacrifice as you wish. The Messenger of Allah said to those who asked about advancing or delaying some of the actions of Hajj: “Do it, there is no harm.”

29. You may appoint someone to throw the pebbles on your behalf if you have an excuse.

30. There is no specific size required for the pebbles used for throwing.

31. It is recommended to spend the nights of Tashreeq in Mina; the Messenger of Allah permitted his uncle Al-Abbas to skip this stay due to an excuse and did not require him to offer a sacrifice, which is the ruling for fatwa.

32. You can combine the farewell tawaf with the tawaf of Hajj.

33. Purification is not a condition for sa’i between Safa and Marwa.

34. Menstruating women and women experiencing postnatal bleeding may take a bath, protect themselves, perform tawaf, and sa’i if necessary, such as fearing missing the group.

35. Engaging in intercourse after the initial release (tahallul al-asghar) does not invalidate the Hajj, but a sacrifice is required.

36. It is permissible for a pilgrim to perform tawaf and sa’i while riding if needed.

37. You are also allowed to appoint someone to slaughter on your behalf.

38. It is recommended that your last act in the Sacred House be the farewell tawaf.

39. Pilgrims are also permitted to shop and buy whatever they need.

40. You are allowed to hasten your departure on the second day of Tashreeq if you leave before sunset, as Allah says: “Whoever hastens to leave in two days, there is no sin upon him, and whoever delays, there is no sin upon him…” (Al-Baqarah: 203).

Origin of Legal Principles: Malik As An Example

Suhaib Webb on June 8, 2024

Methods of Usuli Derivation

There are methods of usuli derivation that are common among the different jurisprudential schools. These methods are not exclusive to any particular school; rather, they are pathways for derivation used by scholars of each school to understand, validate, and debate the principles of their respective Imams. Some of these methods include:

Explicit Reference:

This method involves the Imam explicitly stating that a certain principle is one of his foundational principles and It is divided into two categories:

1. Explicit

An example of this is Imam Malik explicitly stating that the practice of the people of Medina is a legitimate legal proof and a considered evidence, as mentioned in his letter to Al-Layth ibn Sa’d. This type is the highest rank, the most esteemed path, and the rarest. Its inclusion here involves some leniency.

2. Implicit

An example of this is Imam Malik’s statement about the equivalence between a woman’s life and a man’s in terms of injuries, based on the verse:

“And We ordained for them therein a life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and for wounds is legal retribution. But whoever gives [up his right as] charity, it is an expiation for him..” (Quran 5: 45).

From this reasoning, Ibn al-Qassar inferred that Imam Malik advocated for adhering to the Sharia of the prophets before us. However, many within the school do not consider this method as part of explicit mention, instead seeing it as derived through a different approach (1).

Second Method: Extraction (Dependent Relationships)

This method is divided into two categories:

1. Deriving a Principle from a Specific Case

An example is Ibn al-Qassar deriving Imam Malik’s position that a command implies immediate action from his statement on the immediacy of Hajj. Ibn al-Qassar said: “Imam Malik did not explicitly state that Hajj should be performed immediately, but his school indicates it should be immediate because the command implies immediacy” (2).

2. Deriving a Principle from Another Principle

This method involves deriving one principle from another, based on their relationship. It is further divided into three types depending on the relationship between the derived principle and the principle it is derived from:

The First Type: Dependent Relationship

An example is the principle of istihsan (juridical preference) being dependent on the principle of allowing the specification of a legal text’s underlying cause. There is debate over the validity of this type of relationship, as it is not universally accepted that advocating istihsan necessitates allowing the specification of the cause.

The Secomd Type: Stronger Implication Relationship

An example is that if one considers the implications of a description (mafhum al-sifah), they would consider the implication of a condition (mafhum al-shart) even more so, as it is agreed to be stronger than the description (3).

The Third Type: Necessary Consequence Relationship:

An example is that anyone who holds that a command implies immediacy must also necessarily hold that it implies repetition, due to the inherent logical connection between them (4).

Third Method: Analogical Reasoning Qiyas (Resemblance Relationships)

This relationship is one of similarities, not dependency! For instance, the ruling that the waiting period for a widow starts from the time of death or divorce, not from the time of knowing about it. Similarly, the agent’s dismissal takes effect upon the death of the principal or the dismissal notice, not from the time the agent learns about it (5).

The Fourth Method: Consensus within the School

The apparent agreement among the scholars of the school on a principle suggests that there must be a basis for it from the Imam, whether explicitly mentioned or not. This underscores the importance of ensuring accurate transmission and explicit citation. Some Maliki jurists, like Abu al-Walid al-Baji and al-Mazari, insist on this, while others rely on the precedents set by earlier scholars.

References

1. Imam Malik’s “Al-Muwatta,” 2/872, Book of Penalties: Chapter on Retribution for Killing, Hadith No. 2560. Hatim Bay: “Al-Tahqiq fi Masa’il al-Usul,” p. 71.

2. Ibn al-Qassar: “Al-Muqaddima fi al-Usul,” p. 231.

3. Hatim Bay: “Al-Tahqiq fi Masa’il al-Usul,” p. 47.

4. “Al-Usul al-Mutafaq alayha bayn al-Hanafiyya wa al-Malikiyya: Dirasa Ta’siliya Tatbiqiya,” p. 171.

5. Ibn Rushd al-Jadd: “Al-Muqaddimat al-Mumahhidat,” p. 58, First Edition, 1988, Dar al-Gharb al-Islami.

6. Hatim Bay: “Al-Tahqiq fi Masa’il al-Usul,” p. 71.

The Origins of the Maliki Madhhab and Its Schools

Suhaib Webb on June 6, 2024

The Maliki madhhab originated in Medina, but it quickly spread to many parts of the world, with varying degrees of prevalence. The rapid and robust spread of the madhhab is largely attributed to the esteemed reputation and distinguished scholarly status of Imam Malik, may Allah have mercy on him. Students of knowledge traveled from all corners of the earth to learn from him, and upon returning to their homelands, they became ambassadors of the Maliki madhhab, establishing its foundations in various regions.

Among these students, distinct groups emerged, each characterized by unique features influenced by their environments and personal interactions with Imam Malik. These variations led to the formation of independent schools within the Maliki madhhab, all adhering to the core principles and foundational teachings of Imam Malik’s school.

The Notable Schools within the Maliki Madhhab

1. The Madinan School

The Madinan School was established by some of the most prominent students of Imam Malik in Medina. These scholars were renowned for their extensive knowledge during Imam Malik’s lifetime and continued teaching and issuing fatwas after his death. Notable figures include:

Uthman ibn Isa ibn Kinanah (d. 185/186 AH): A respected jurist in Medina who was close to Imam Malik. He assumed a significant role in the legal council after Imam Malik’s death.
Abdullah ibn Nafi al-Saigh (d. 206 AH): Appointed by Imam Malik as his successor, he accompanied him for forty years, known for his exceptional memory despite being illiterate.
Mughira ibn Abdulrahman al-Makhzumi (d. 188/186 AH): A jurist who provided fatwas during Imam Malik’s lifetime and continued his legacy after his death.

2. The Egyptian School

The Egyptian School emerged as the first Maliki school outside Medina, founded by students of Imam Malik who returned to Egypt to spread his teachings. Key figures include:

Uthman ibn al-Hakam al-Judami: Known for his narrations from Imam Malik, he contributed significantly to the dissemination of Maliki teachings in Egypt.
Abdurrahman ibn Khalid al-Jumahi: A notable transmitter of Imam Malik’s “Muwatta,” his teachings were widely recognized and continued by his students.
Abdullah ibn Wahb (d. 163 AH): A distinguished student of Imam Malik, his extensive narrations from the “Muwatta” played a crucial role in the school’s development.

The true founders and prominent figures of the Egyptian School, such as Abdurrahman ibn al-Qasim, Ashhab, and Abdullah ibn Abdulhakam, studied under Imam Malik to deepen their knowledge and then returned to Egypt to spread the Maliki teachings.

3. The Iraqi School

The Iraqi School of the Maliki madhhab developed through the efforts of Imam Malik’s students who traveled to Iraq. Key figures include:

Abdurrahman ibn Mahdi (d. 198 AH): A close student of Imam Malik, he studied both jurisprudence and hadith.
Abdullah ibn Maslamah al-Qa’nabi (d. 220 AH): Spent twenty years with Imam Malik and was known for his dedication to the “Muwatta.”
Ismail ibn Ishaq al-Qadi (d. 282 AH): One of the prominent jurists after Imam Malik, recognized for his contributions to the Maliki madhhab in Iraq.

4. The Maghrebi School

The Maliki madhhab spread throughout the western Islamic world, including Andalusia, Morocco, Tunisia, and surrounding regions, largely through the efforts of about thirty of Imam Malik’s students who traveled from these regions to study with him. These students then returned to their homelands and established the Maliki madhhab.

Among the prominent figures of this school were:

Ali ibn Ziyad (d. 183 AH): A scholar from Ifriqiya (modern-day Tunisia).
Abdullah ibn Ghanim (d. 190 AH).
Abdurrahim ibn Ashras and Bahlul ibn Rashid (d. 183 AH).

Their students continued their legacy, with notable figures such as:

Asad ibn al-Furat (d. 213 AH): Played a significant role in documenting the school’s jurisprudence through his book “Al-Asadiyya.”
Imam Sahnun (d. 240 AH): Revitalized the school during his time, refining and verifying the “Mudawwana” under the guidance of his teacher Ibn al-Qasim, spreading the Maliki madhhab through the Qayrawani School in Tunisia.

These schools, along with others that emerged, maintained adherence to the core principles and foundational teachings of Imam Malik, yet developed distinct characteristics influenced by their environments and personal interactions with the Imam.

Understanding the Minimum Age Requirements for Sacrificial Animals in Islam

Suhaib Webb on June 5, 2024

The sacrificial animal (udhiyah) can be one of four types: sheep, goats, camels, and cows, with sheep being the preferred choice.

For the age requirement, it is based on the lunar year, not the Gregorian calendar. For sheep, entering the second year is sufficient. However, in the Maliki school of thought, there are different opinions due to the varying interpretations of the term “jadh’a” in the hadith narrated by Jabir bin Abdullah, where the Prophet Muhammad (peace be upon him) said: “Do not slaughter except a fully grown animal, but if it is difficult for you, then slaughter a jadh’a of sheep” (Muslim).

The term “jadh’a” has been interpreted differently:

• Some say it is a one-year-old, which is the well-known opinion.
• Others say it is a ten-month-old.
• Some say it is an eight-month-old.
• Others say it is a six-month-old.

For those opinions that say less than a year, there is no evidence that it must be a large jadh’a, as stated by al-Qadi Abu Bakr Ibn al-Arabi.

For goats, it must clearly enter the second year, at least by a month.

For cows, the age must be at least three years (entering the fourth year), and for camels, it must be at least five years (entering the sixth year). There is no strict requirement for clearly entering these ages.

Suhaib Webb

Sources:

• Fawakih al-Dawani: 1/581
• Al-Masaalik in Sharh Muwatta’ Malik: 5/169
• Maliki Fiqh and its Evidences by Sh. Habib Tahir 2/227

Question: Is it permissible for me to perform Hajj on behalf of someone else?

Suhaib Webb on June 2, 2024

Q: Can I do Hajj on someone’s behalf?

A: The default is that Muslim is required to perform Hajj for themselves unless they are unable to do so due to old age or an incurable illness. In such cases, Islamic law allows them to appoint someone else to perform Hajj on their behalf, provided that the appointed person has already performed Hajj. This ruling is supported by a narration from Ibn Abbas (may Allah be pleased with him), where the Prophet (peace be upon him) heard a man saying,

“Labbayka (I am here at Your service), on behalf of Shubrumah.” The Prophet asked, “Who is Shubrumah?” The man replied, “A brother of mine, or a relative of mine.” The Prophet then asked, “Have you performed Hajj for yourself?” The man said, “No.” The Prophet said, “Perform Hajj for yourself first, then perform it for Shubrumah.” [Narrated by Abu Dawūd[

An Important Point

It is required, also, that a person gives their permission before Hajj is performed on their behalf.

Hajj On Behalf Of The Deceased
For the deceased, it is permissible to perform Hajj on their behalf without prior permission, whether it is an obligatory Hajj or a voluntary one. If someone dies without having performed their obligatory Hajj, it is recommended that the expenses for Hajj be taken from their estate, and their family should appoint someone to perform Hajj on their behalf, regardless of whether the deceased had left a will requesting it or not.

This ruling is based on a narration from Ibn Abbas (may Allah be pleased with him) that a woman from Juhainah came to the Prophet (peace be upon him) and said, “My mother had vowed to perform Hajj but she died before fulfilling it. Should I perform Hajj on her behalf?” The Prophet said, “Yes, perform Hajj on her behalf. Would you not pay off her debt if she had one? Pay off the debt to Allah, for Allah is more deserving of the settlement.” [Narrated by Al-Bukhari]

Allah knows best

Suhaib Webb

Ruling on a Father Marrying His Daughter Against Her Will Dr. Zaynab Abu Fadel

Suhaib Webb on May 5, 2024

Summary of the Question:
What is the stance on a father forcing his daughter to marry her cousin, whom she does not wish to marry, claiming his guardianship rights over her?

Answer:
It is impermissible for a father to force his daughter into marriage under any circumstances. A father’s guardianship only extends to facilitating the marriage contract on her behalf, with her explicit consent and after asking for her permission, as a mark of respect for her. Texts clearly mandate that a woman’s consent is essential for the marriage contract, and this holds true regardless of whether she is a virgin or not.

For instance, a virgin once approached Prophet Muhammad, peace be upon him, complaining that her father married her off against her will. The Prophet then gave her the choice, effectively allowing her to affirm or annul the marriage. Similarly, in the case of a previously married woman, the Prophet annulled her marriage when her father forced her into it.

Notably, the jurist Ibn Qayyim, may God have mercy on him, argued strongly against the permissibility of a father forcing his daughter into marriage, diverging from his Hanbali school of thought. He notably argued, “If a mature and sensible virgin cannot have her father manage even the smallest bit of her finances without her consent, how can it be permissible for him to degrade her and marry her off to someone of his choice, against her will?”This is tantamount to slavery!

The daughter should assert her right to refuse this marriage, and her mother and family members should support her in opposing her father’s unjust actions, as if he were subjecting her to a form of slavery, echoing Ibn Qayyim’s views. Especially since the inquiry suggests that this marriage is more like a transaction or trade involving the daughter for the financial benefits from the young man’s wealth, including property sold by the girl’s father to his brother due to poverty—echoing a time when slave markets were common.

Imam Abu Hanifa’s humane jurisprudence is also relevant here, as he rejected all impositions except in cases of public harm. He recognized the manipulative nature of such deals and benefits, advocating against limiting the agency of even the unwise, as long as they are competent adults. He argued that stripping someone of their agency is more harmful than potential reckless spending, as it dehumanizes them and equates them to animals.

In conclusion, I strongly support the daughter’s right to marry according to her choice and urge her to resist any undue pressure or accusations of dishonor. This father is in the wrong by his actions. May God have mercy on a parent who supports their child’s right to respect and choice.

Expiation Of Oaths

Suhaib Webb on April 22, 2024

In the Maliki school of Islamic law, if someone needs to make up for violating an oath, they are required to provide food for ten poor people. This food should be of average quality, akin to what families eat, based on the Quranic instruction: ”…so its expiation is the feeding of ten needy people from the average of what you feed your families…” [Al-Ma’idah: 89].

Each needy person should receive at least one mudd of food, which in modern terms amounts to approximately 500 grams (about 1.1 pounds). This amount follows the tradition set by the Prophet Muhammad ﷺ.

Instead of giving plain grain or flour, one can opt to either give each of the ten poor people two loaves of bread totaling about 754 grams, or provide two full meals (like lunch and dinner) to each of the ten people on one or more days. While not required, it’s commendable to add something like dates, milk, or oil to enhance the meal.

Here in America, it’s common for people to substitute the food donation with a monetary equivalent. This should be done cautiously to ensure the amount is neither excessive nor insufficient. The goal is to reflect the cost of the food needed without causing undue burden on the giver. If a modest meal costs around $7 in your area, then the total would be $7 x 20 = $140.

The recipients of this charity must be Muslim, should not be financially dependent on the giver, and must be ten different individuals. Distributing all the food or money to fewer than ten people does not fulfill the requirement. This practice ensures fairness and adequate support for those in need.

Allah knows best

Suhaib Webb

Two Books To Aim For If You Want To Grasp Usul al-Fiqh

Suhaib Webb on March 27, 2024

The study of Usul al-Fiqh in English presents a formidable challenge. Here are some directions for those who can read Arabic and have some experience studying Usul al-Fiqh. Note: See Imam al-Haramayn’s “Waraqat” as a beginning. Master it and move on without wasting too much time.

The foundation of non-Hanafi Usul al-Fiqh largely rests on two texts: “al-Mahsūl” by Fakhr al-Din al-Razi, referred to as the Imam, and “Ihkam” by Imam al-Amidi. Both are cumbersome and require some sifting. However, there is hope.

Razi’s work is succinctly summarized in al-Baydawi’s “Minhaj,” which is derived from two works that encapsulate Razi’s contributions, while al-Amidi’s work was explained twice by Ibn Hajib: the first being quite large; the second, known as the Mukhtasar, is smaller, but demands a teacher.

Make al-Baydawi’s Minhaj and Ibn Hajib’s Mukhtasar your targets. Studying them will equip you with the essential knowledge needed to grasp the picture of Usul al-Fiqh from the perspective of the Mutakallimin. For that reason, since 1924, al-Baydawi’s “Minhaj” has been a required subject at Al-Azhar, replacing “Jam’ al-Jawami’.

Here are some good lessons on both texts. Usul al-Fiqh can get exhaustive, and an unfocused teacher may go off on tangents, wasting time. I learned to find teachers who were qualified, buy also stayed focus on the objective at hand: learning the subject matter:

There are other texts you should explore after the Waraqat before advancing to the ones mentioned above. For those studying within the Maliki framework, consider Sheikh Abdul al-Hamid Badis’ introduction to Usul al-Fiqh. This work is outstanding, organizing fifty essential topics for gaining familiarity with Usul al-Fiqh. Additionally, Imam Ibn al-Qassar’s introduction to Usul al-Fiqh is remarkable, delving into some of the philosophical discussions that appear later. By the grace of Allah, I have translated both of these texts, and once they are edited, I hope to publish them and teach them at my school. Finally, the Waraqat serves as a summary of al-Shirazi’s Lum’a, providing a solid foundation that prepares you for more advanced texts. Feel free to move to it, also.