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Passion Islam I May 2009 SPECIAL FEATURE I 25
Customs of the Madinites meaning in Arabic is a four legged hab: Today, the followers of this
Imaam Maalik R.A. also gave some animal. Hence, a contract made in Madh-hab are found mostly in Upper
weight to isolated practices found Syria requiring payment in the form Egypt, Sudan, North Africa [Tunisia,
among a few people of Madinah so of a Daabbah would legally mean a Algeria, and Morocco], West Africa
long as they were not in contradiction horse whereas elsewhere in the Arab [Mali, Nigeria, Chad, etc.] and the
to known Hadeeths. he reasoned world it would have to be more clearly Arabian Gulf States [Kuwait, Qatar,
that such customs, though occuring defined as a horse. and Bahrain].
only in isolated instances, must Main students of the Maalikee
also have been handed down from Madh-hab: The most notable of THE SHAAFI’EE MADH-HAB:
earlier generations and sanctioned Imaam Maalik’s students who did not The Founder: Imaam Ash-Shaafi’ee
by the Sahaabah or even the Prophet later form their own Madh-habs were [769-820 CE].
Sallallahoo Alayhi Wasallam himself. al-Qaasim and Ibn Wahb.
Abu Abdur-Rahmaan Ibn al-Qaasim The full name of the scholar after
Istislaah [Welfare] [745-813 CE]. whom this school of legal thought
The principle of Istihsaan developed Al-Qaasim was born in Egypt but has been named was Muhammad
by Imaam Abu Haneefah R.A. was travelled to Madinah where he studied Ibn Idrees ash-Shaafi’ee. He was
also applied by Imaam Maalik R.A. under his teacher and mentor for a born in the town of Ghazzah on the
and his students except that they period of more than twenty years. He Mediterranean coast of what was
called it by the name Istislaah which wrote an extensive book on the Fiqh then known as Shaam in the year
simply means seeking that which is of the Madh-hab, eclipsing even ‘al- 769 CE. but travelled to Madinah in
more suitable. It deals with things Muwatta’ of Imaam Maalik himself his youth to study Fiqh and Hadeeth
which are for human welfare but have and called it al-Mudawwanah. under Imaam Maalik R.A. He
not been specifically considered by Abu Abdillaah Ibn Wahb [742-818 succeeded in memorizing the whole
the Sharee’ah. An example of Istislaah CE]. of Imaam Maalik’s book, ‘al-Muwatta’
is found in Caliph ‘Alee’s ruling that a Ibn Wahb also travelled from Egypt and recited it to him from memory,
whole group of people who took part to Madinah in order to study under word perfect.
in a murder were guilty even though Imaam Maalik R.A. He distinguished Ash-Shaafi’ee remained under
only one of the group had actually himself in the deduction of laws to Imaam Maalik until the latter passed
committed the act of murder. such a degree that Imaam Maalik away in 801 CE. He then departed to
The legal texts of the Sharee’ah R.A. gave him the title of al-Muftee, Yemen where he taught. He remained
covered only the actual murderer. which means the official expounder in Yemen until he was accused of
Another example is right of a Muslim of Islamic Law.Ibn Wahb was offered Shi’ite leanings in the year 805 CE
leader to collect taxes from the rich an appointment as judge of Egypt, but and brought as a prisoner before the
other than Zakaah if the interest of the turned it down in order to maintain his Abbaasid Caliph Haroon ar-Rasheed
state demands it, whereas in Sharee’ah integrity as an independent scholar. who was the ruler of Iraq from 786-
only Zakaa has been specified. Imaam Imaam Maalik R.A. had other famous 809 CE. Fortunately, he was able to
Maalik R.A. also applied the principle students from other Madh-habs. prove the correctness of his beliefs
of Istislaah to deduce laws more in Some of them modified their own and was subsequently released.
keeping with needs which arose from Madh-habs based on what they learnt Ash-Shaafi’ee remained in
current situations than those deduced from Imaam Maalik R.A. for example, Iraq and studied for a while under
by Qiyaas. Muhammad ash-Shaybaanee who Imaam Muhammad Ibn al-Hassan,
was among the foremost students the famous student of Imaam Abu
Urf [Custom] of Imaam Abu Haneefah R.A. There Haneefah R.A.. He then travelled to
Like Imaam Abu Haneefah R.A., were others who developed their Egypt in order to study under Imaam
Imaam Maalik R.A. considered the own Madh-habs by combining al-Layth, but by the time he reached
various customs and social habits of Imaam Maalik’s teachings with that Egypt the Imaam had passed away.
people throughout the Muslim world of others, for example Muhammad However, he was able to study the
as possible sources of secondary Ibn Idrees ash-Shaafi’ee who studied Madh-hab of al-Layth from al-Layth’s
laws as long as they did not contradict for many years under Imaam Maalik students. Ash-Shaafi’ee remained
either the letter or the spirit of the R.A. as well as under Imaam Abu in Egypt until his death in the year
Sharee’ah. According to custom in Haneefah’s student Muhammad ash- 820 CE during the rule of Caliph al-
Syria, for example, the word Daabbhah Shaybaanee. Mamoon [813-832 CE].
means a horse, whereas its general Followers of the Maalikee Madh- Continued next month
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