Madh'hab: Difference between revisions

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Unique to the Maliki madh'hab is its non-exclusive reliance upon Islamic scriptures and some degree of reason. Imam Malik, living in a Medina that had just a few generations ago hosted Muhammad and his companions, thought it was prudent to observe and emulate the religious practices and beliefs of his contemporaries, even if they could not marshal a hadith narration to justify themselves. This was because Imam Malik believed strongly in what some have dubbed the "living" tradition in addition to the "written" or "memorized" scriptural tradition. As a result, the Maliki madh'hab is the only school of Islamic law to rely o on what is known as ''<nowiki/>'Amalu ahl al-Madinah'' (or, "the actions of the people of Medina"). The Maliki madh'hab is also distinguished by its relative cosmopolitanism and leniency compared to competing schools of Islamic law (thus making it particularly popular among Western converts to Islam today, most famously Hamza Yusuf) due to Imam Malik having allegedly received questioners from all over the Islamic empire and this needing to accommodate a wide variety of cultural and social milieus in his legal judgements.
Unique to the Maliki madh'hab is its non-exclusive reliance upon Islamic scriptures and some degree of reason. Imam Malik, living in a Medina that had just a few generations ago hosted Muhammad and his companions, thought it was prudent to observe and emulate the religious practices and beliefs of his contemporaries, even if they could not marshal a hadith narration to justify themselves. This was because Imam Malik believed strongly in what some have dubbed the "living" tradition in addition to the "written" or "memorized" scriptural tradition. As a result, the Maliki madh'hab is the only school of Islamic law to rely o on what is known as ''<nowiki/>'Amalu ahl al-Madinah'' (or, "the actions of the people of Medina"). The Maliki madh'hab is also distinguished by its relative cosmopolitanism and leniency compared to competing schools of Islamic law (thus making it particularly popular among Western converts to Islam today, most famously Hamza Yusuf) due to Imam Malik having allegedly received questioners from all over the Islamic empire and this needing to accommodate a wide variety of cultural and social milieus in his legal judgements.


It is said that of all of the four madh'habs, the Maliki and Hanafi madh'habs are most similar methodologically, as the Maliki madh'hab employs the principle of ''Istislah,'' also translatable as "public interest" (comparable to and in many ways indistinguishable from the Hanafi principles of ''Istihsan'' and ''Mashlaha''). The primary difference is that whereas the Hanafi madh'hab prefers ''qiyas'' to ''istihsan'', the Maliki madh'hab prefers ''istislah'' to ''qiyas''.
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It is said that of all of the four madh'habs, the Maliki and Hanafi madh'habs are most similar methodologically, as the Maliki madh'hab employs the principle of ''Istislah,'' also translatable as "public interest" (comparable to and in many ways indistinguishable from the Hanafi principles of ''Istihsan'' and ''Mashlaha''). The primary difference is that whereas the Hanafi madh'hab prefers ''qiyas'', or analogy'','' to ''istihsan'', the Maliki madh'hab prefers ''istislah'' to ''qiyas''. The Maliki madh'hab also prefers the practices of the people of Medina as well as the ''Ijma'' or consensus of Muhammad's [[companions]] over ''qiyas,'' but allows ''qiyas'' as well.
 
The most important book in the development of the formal Maliki madh'hab is Imam Malik's own collection of Hadith, ''<nowiki/>'Amal'', and fiqh commentary called the ''Muwatta''. The other key source in the Maliki tradition is the ''Mudawwana'' which was a compilation, for the most part, of the views of Imam Malik as compiled by his important students Ibn Qasim and Sahnun. In addition to the views of Imam Malik, the two compilers occasionally include their own reasoning (using Imam Malik's principles) on legal matters on which Imam Malik did not himself opine. As with the other madh'habs, the Maliki madh'hab is internally diverse.


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The Maliki madh'hab, internally diverse, prefers the practices of the people of Medina as well as the ''Ijma'' or consensus of Muhammad's [[companions]] over ''qiyas'', or analogy, but allows this as well. The most important book in the development of the formal Maliki madh'hab is Imam Malik's own collection of Hadith, ''<nowiki/>'Amal'', and fiqh commentary called the ''Muwatta''. The other key source in the Maliki tradition is the ''Mudawwana'' which was a compilation, for the most part, of the views of Imam Malik as compiled by his important students Ibn Qasim and Sahnun. In addition to the views of Imam Malik, the two compilers occasionally include their own reasoning (using Imam Malik's principles) on legal matters on which Imam Malik did not himself opine.


===The Shafi'i madh'hab (Sunni)===
===The Shafi'i madh'hab (Sunni)===
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