Page 23 - AQIF M1

4
20
Philosophy and Fundamentals of Sharī’ah for Islamic Finance
SHA0011

e. The Malikis main sources of legal deduction are basically the Qur’ān, Sunnah,
the consensus of the people of Madīnah (ijmā’), analogy (qiyās), the statement
of the Prophet’s companions (qawl al- saḥābi), unrestricted interest (maṣlaḥah
mursalah), customs (‘urf), blocking the means to an evil (sadd al-dharā’i‘),
juristic preference (istiḥsān) and presumption of continuity (istiṣḥāb).

f. The most influential book written by Imām Mālik is al-Muwaṭṭa’ which is a
compilation of Hadīth and its legal effects. Al-Muwatta’ is the first book of
its kind and contains about 1,720 number of Hadīth, from which a total
of 822 Hadīth are from the Prophet SAW with the remainder from the
Companions (ṣaḥābah), students of Companions (tābi‘in) and others.

Salient Features of Malikī Madhhab in Ijtihād

a. Formulation of juridical decisions is heavily relied upon the well- established
practice of early associates of the Prophet Muhammad SAW and
Madinese people.

b. Preference is given to the practice of Madinese over solitary Hadīth.

c. Application of analogical deduction in cases not explicitly mentioned
in the Qur’ān and Sunnah.

d. Subscribed to the application of juristic preference (istiḥsān) and
unrestricted interest (maṣlahah mursalah) as valid sources of Sharī’ah.

Example of Ijtihād based on Malikī Madhhab

• Imām Mālik rejected the application of Hadīth that say, parties in
contract are free to change their minds so long they have not separated.
This Hadīth according to Imām Mālik is in contradiction with the
practice of Madinese.

• Levying of additional taxes on the wealthy is allowed when government
runs out of fund.

• Judicial divorce on ground of injurious treatment by husband is valid and
enforceable.

The Shāfi’ī Madhhab

a. The founder of this madhhab is named Abu Abdullah, Muhammad ibn
Idris ibn Uthman ibn Shāfi’ī ibn al-Sai’d al-Qurayshi, al-Matlabi or also
known as Imām al-Shāfi’ī.

b. He was born in 150 A.H, the year Imām Abu Ḥanifah died.

c. While in Baghdad, Imām al-Shāfi’ī met with Abdul Raḥman ibn al-Mahdi, an
expert of Hadīth, who had asked him to write a book on fiqh and its
methodology, which Imām al - Shāfi’ī accepted.