A Simple Guide to ISLAM
Fiqh – Jurisprudence
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Imam Malik’s method in
al-Muwatta
is that on each legal topic he
first relates the relevant Hadith from the Prophet, if available, then
from some Companion, and lastly the practice and opinions of the
scholars of Madinah. Afterwards he states the views of his own
school, that is, of the scholars of Madinah, saying that ‘so has been
the practice since the times of the Prophet in which there is no
difference among us.’ At times he even rejects a tradition coming
from the Prophet in favour of the opinion of a Companion or a
successor. For, to Imam Malik the agreed and established practice
of Madinah was the ideal practice. People objected to this
standpoint adopted by him. But he seems to be justified in his
stand, for Madinah enjoyed the position of having an established
practice coming down from the Prophet. While other centres were
devoid of this distinction. As such those jurists who had settled in
Kufa and Basra, for instance, were compelled to lay more emphasis
on Hadith instead of insisting on its practice.
Imam Malik’s fame had spread far and wide. Once the great Caliph
Harun Rashid came to Madinah, there he met Imam Malik and said
to him: “O Malik I entreat as a favour that you will come every day
to me and my two sons Amin and Mamun, and instruct us in
traditional knowledge” Imam Malik replied, “O Khalifa, the science
of hadith is of a dignified nature and instead of going to any
person, requires that all should come to it.”
The Caliph agreed to send both his sons to Imam Malik, who
seated them among his other scholars without any distinction.
