Maliki Fiqh

Alhamdulilah for the vastness and beauty of Islam! For those who enjoy comparitive fiqh, you will enjoy the discussion that will continue. For those who do not or who feel that “ikhtilaaf” is not a mercy, then do not read further. Before I begin this discussion I want to get a few things out of the way:

1) This is an issue of what is recommended vs what is not. Not an issue of obligation, thus no one should be cutting throats over this issue. 2) I fully respect the ijtihad of the scholars who deem sadl (hands on the side) to be the verdict of the Maliki school. I simply disagree that this was the established view of the Medinites. 3) This is a discussion regarding this issue, and I expect all those involved to be loving, gentle, and caring.

Now for the crux of the matter. I forward, oh beloved Sidi Abdur-Rahman, that qabd (the act of placing the right hand on the left in Salah) was in fact the view of Ahlul Medinah. It was also considered Mustahabb by Imam Malik and the school. I shall present the reasons below:

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Research Compiled by Abul Layth

The Shafi’i jurist and judge, Qadhi Safadi stated regarding this issue,

“They all agree that touching the genitals with something other than the hand does not break wudu’. They disagree about touching the penis with the hand. Abu Hanifah says that it absolutely does not break wudu’ however you do it. Ash-Shafi’i and Mālik say that Wudu’ is broken by touching skin to skin with the front of the hand but not the back. The well-known position of Ahmad is that either the front or back of the hand breaks it. They agree that someone who touches his testicles, even without a covering, does not have to do wudu’. They disagree about touching the opening of the anus. Abu Hanifah and Mālik say that touching it does not break wudu’. Ash-Shafi’i and Ahmad say that it does. There is, however, one position from ash-Shafi’i and one transmission from Ahmad that it does not break wudu’.¹

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Footnotes (Click ↩ at the end of the note to Go Back to Original Place in the article) :

1. The Mercy in the Difference of the Four Sunni Schools by Qadi Safadi, Trans. By Aisha Bewley. Published by Dar-Al-Taqwa 2004 [↩]

Posted by Ibn Saad

(Special Thanks to Tilmeedh of Sunniforum)

Some excerpts from his book, “The soundness of the principles of the madhhab of the people of Madina “:

“Praised be Allah, the madhhab of the people of City of the Prophet - the place of the Sunnah, the place of migration (hijrah) and the place of helping (nasrah), and where the Prophet established the sunnahs of Islam and its laws and where the muhajirs came and hailed Allah and His Prophet and from it were the Ansar who populated the city earlier and their hearts with eman - verily their (the people of Madina’s) madhhab in the era of the Sahabah and the Tabi’een and their Tabi’een is the soundest of madhhabs of all the Islamic cities east and west, in the fundamentals and branches of religion. And verily these three eras are the eras of the three esteemed generations, regarding whom the Prophet (s) said in the sahih hadith ‘The best of generations are my generation, then those who follow them, then those who follow them.’”
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I onced listened to a lecture by Shaykh Nuh Ha Mim Keller (possibly the 1998 Suhba in Virginia) and he was discussing keeping good ties with the family. Now everyone who knows anything about Shaykh Nuh (may Allah protect and preserve him) knows that he is a qualified Shafi’i faqih (jurist) who has done one of the greatest services for this Ummah with his Shafi’i masterpiece “Reliance of the Traveller”. Jokingly, while talking about his non-Muslim family, he says “Imam Maalik! Here I come!” My wife and I, as well as the audience, started laughing. Convert/Revert Muslims understand the difficulties with dogs, as well as other issues, when dealing with non-Muslims. As I was in a paltalk room last night, I was talking with some Muslims (may Allah guide them all and protect then from the wiswaas of Shayton) about the Maaliki stance on dogs. I admit that deep inside me I love sharing this opinion with the lay Muslim. I think it is the “Shock and Awe” factor one feels when they first hear it that is so amusing. I told them that I would collect some statements of the scholars regarding this issue and share it with the readers of SeekingIlm.com. So this article is dedicated to those brothers and sisters who patiently listened while I read and translated to them the statement of Imaam Ash-Shawkaani from his Nayl Al-Awtaar pertaining to the purity of a dog. I am not a Maaliki, so I hope and encourage, Maalikis to share their opinions regarding this issue. I hope they are able to bring more quotes so that we can include them in this article, insha’allah.

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 By Abul Layth ibn ‘Ataa’

His Youth

On a beautiful Fajr morning on the 22nd of Muharram in the year 846 A.H (June 7th 1442 CE), in the village of Tiliwaan, was born a man the ‘Aarifeen would forever praise and look to for spiritual growth. His name was Ahmad ibn Ahmad ibn Muhammad ibn ‘Isaa Al Barnoosi Al-Faasi, known as Az-Zarruq. His parents died while he was one week of age due to a horrible outbreak known as ‘Azzunah. His maternal grandmother Umm Al-Baneen, a woman he would always express absolute love and gratitude for, raised him. Umm Al-Baneen had memorized the Qur’aan and studied Islaam. She was a Zaahida and raised her beloved grandson as one as well. Imaam Az-Zarruq describes his grandmother as such,

“She instructed me how to make Salaah and ordered me to do so at the age of five. At the same age she sent me to the kuttaab (Qur’anic School) and started teaching me about tawheed, tawakkul, eemaan, and deen in a curious method. One day she prepared food for me. When I came back from the Kuttaab for luch she said, ‘I have got nothing for you to eat. However, provision is in the treasure of the Almighty! Sit down and let us ask from Him!’ We stretched out our hands to the heavens and began praying to Allah. Then she said: ‘Go and look, aybe Allah has put something in the corner of the house.’ We began to search and how glad I was when I found the food! She said: ‘Come and let us thank Allah before we eat, so that our Lord may give us more from his Mercy!’ We thanked Allah and praised Him for an hour then we commenced eating. She used to do many times till I grew up.”

 He tells of another occasion,

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