An Overview of Imam Malik’s School of Fiqh and Islamic Jurisprudence
Imam Malik’s school of fiqh, or Islamic jurisprudence, is based on several key sources: the Quran, the Sunnah, the Ijma (consensus of scholars), the Amal of Medina (practice of the people of Medina), and the Maslaha (public welfare). These sources are used to derive legal rulings, and Imam Malik’s approach to using these sources sometimes differed from other imams.
The Quran and the Sunnah are the primary sources for Islamic legislation. They form the basis for analogical reasoning (Qiyas) and consensus (Ijma). The Sunnah includes the actions, sayings, and approvals of the Prophet (SAW).
The Ijma represents the agreement of the scholars on a legal issue. It serves as proof for the validity of a ruling and a source of unity and stability for the Ummah, the global community of Muslims.
The Amal of Medina refers to the practice of the people of Medina, who inherited Islam from the Sahaba (companions of the Prophet). Medina holds a unique status as the place where the Prophet (SAW) lived and taught. The Amal of Medina is a source of knowledge that is not based on mere information, but on experience and action.
The Maslaha considers the public welfare and benefit of the people. It is a criterion for choosing a ruling that follows the spirit of the law more than the letter of the law. It takes into account the rational and practical aspects of the Sharia (Islamic law).
Imam Malik was the only imam who was a master of both hadith (sayings of the Prophet) and fiqh. He authored the Muwatta, which contains hadith and sayings of the people of Medina. He was the teacher of many scholars and the founder of the Maliki school.
Categories of Legal Rulings in Sharia
In the Sharia, legal rulings fall into five categories: fard (obligatory), mandub (recommended), mubah (permissible), makruh (discouraged), and haram (prohibited). The criteria for each category are based on the presence or absence of reward, punishment, or neither. There are also two types of obligations: fard ayn (individual obligation) and fard kifaya (collective obligation).
A command given resolutely is considered fard, and other than jazm (resolute) is mandub. The Quran and the Sunnah use different modes of commands to indicate different levels of obligation. For example, the command to establish prayer is fart, but the command to visit graves is mandub. The command to eat and drink is mubah, unless there is a restriction or exception.
A prohibition is considered haram unless there is proof that it is makruh. To say something is haram requires strong proof, because the dominant opinion is things are halal (permissible) unless proven otherwise. For example, the prohibition of wine is haram, but the prohibition of raising one’s voice in the masjid (mosque) is makruh. There are also things that are fasiq (sinful) or batil (invalid), which are invalid or corrupt.