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Original Islam: Malik and the Madhhab of Madina / Edition 1
     

Original Islam: Malik and the Madhhab of Madina / Edition 1

by Yasin Dutton
 

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ISBN-10: 0415338131

ISBN-13: 9780415338134

Pub. Date: 10/28/2006

Publisher: Taylor & Francis

Original Islam investigates the primacy of Madinan Islam and the madhhab (school of law) of its main exponent, Malik ibn Anas. It contains an annotated translation of Intisar al-faqir al-salik li-tarjih madhhab al-Imam al-kabir Malik, which was written by al-Ra'i, a fifteenth-century Andalusian scholar resident in Cairo.

This book

Overview

Original Islam investigates the primacy of Madinan Islam and the madhhab (school of law) of its main exponent, Malik ibn Anas. It contains an annotated translation of Intisar al-faqir al-salik li-tarjih madhhab al-Imam al-kabir Malik, which was written by al-Ra'i, a fifteenth-century Andalusian scholar resident in Cairo.

This book includes:

  • a comprehensive section on the scholarly credentials of the great eighth-century Madinan jurist Malik ibn Anas
  • a detailed examination of a number of theoretical and practical disputed legal issues
  • examples of the inter-madhhab rivalry and prejudice prevalent in fifteenth-century Cairo
  • an extensive introduction giving background information on al-Ra'i and his life and times.

It also highlights the significance of the text for contemporary Muslim discourse, in which both "modernist" and "fundamentalist"
elements often equate the concept of madhhab with an outmoded tradition which must be rejected as irrelevant to the practice of Islam in a globalized world. This book aims to put this ongoing controversy about madhhab, particularly the Maliki madhhab and its "pre-madhhab" Madinan origins, on a surer footing. Original Islam provides access to a hitherto little known area of Islamic law and is essential reading for those with interests in this area.

Product Details

ISBN-13:
9780415338134
Publisher:
Taylor & Francis
Publication date:
10/28/2006
Series:
Culture and Civilization in the Middle East Series
Edition description:
ANN
Pages:
240
Product dimensions:
6.25(w) x 9.25(h) x 0.70(d)

Table of Contents


Acknowledgements     xi
Notes on the text     xii
Introduction     1
The madhhabs today     2
Al-Ra'i and his Intisar     5
The author of the Intisar     7
Al-Ra'i's early life     7
Al-Ra'i in Cairo     9
Al-Ra'i's books     10
The Intisar and its significance     12
The reason for writing the Intisar     12
The book's significance     13
The rise of the madhhabs     14
Al-Shafi'i's influence     16
A note on the translation     19
Translation of al-Ra'i's Intisar     21
Author's introduction     23
On giving preference to Malik, may Allah have mercy on him and be pleased with him     26
The hadith of the Prophet about the 'alim of Madina     28
The hadith of the Prophet about "the people of the West"     32
The testimony of the other three imams about Malik     34
Abu Hanifa's praise of Malik     34
Al-Shafi'i's praise of Malik     35
Ahmad ibn Hanbal's praise of Malik     37
Malik's special qualities     39
Testimonies to Malik's learning     41
Malik's respect forknowledge     43
Further testimonials to Malik's knowledge and character     44
Why the people of the West follow Malik     48
Selections from Abu Nu'aym's Hilya     49
Two dreams about Malik in Ibn Hajar's Tawali al-ta'sis     50
Al-Qarafi on Malik's special qualities     50
An unlikely karama attributed to Malik     51
Selections from al-Yawaqit al-murassa'a     52
Malik's care in relating hadith     53
Selections from al-Ghafiqi's Musnad Hadith Muwatta' Malik     53
Malik's death     55
Three dreams about Malik in al-Nawawi's Tahdhib al-asma'     56
Further selections from Abu Nu'aym's Hilya     57
Selections from al-Shirimsahi's Nazm al-durr and other sources     61
Further selections from Qadi 'Iyad's Madarik     66
On giving preference to the madhhab of Imam Malik, may Allah have mercy on him, and the sources on which it is based     68
The authoritativeness of Madinan 'amal     69
Al-Mansur and the compilation of the Muwatta'     73
Asad ibn al-Furat's study of the madhhab of Malik     74
Qadi 'Iyad on the consensus (ijma') of the people of Madina     77
Ibn Rushd on sales with conditions (al-bay' wa-l-shart)      84
Al-Shirimsahi on the 'amal of Madina     85
Sales by list of contents (al-bay' 'ala l-barnamaj)     88
The invalidity of khiyar al-majlis     89
The principle of sadd al-dhara'i' (blocking the means)     90
Rational proofs for giving preference to the madhhab of Malik     91
Some anecdotes     97
A poem in praise of the Maliki madhhab     97
Malik's letter to al-Layth ibn Sa'd about the 'amal of the people of Madina     100
Al-Layth's reply to Malik's letter about the 'amal of the people of Madina     100
Some points of difference which are frequently mentioned between the proponents of the other madhhabs which indicate that one should| give preference to the madhhab of Iman Malik, may Allah have mercy on him|     102
The purity of water     102
Is semen pure or not?     104
The purity of dogs     107
An anecdote concerning a certain Shafi'i     113
The praiseworthy characteristics of dogs     114
Fasting being broken by something getting into the body     115
Wiping the head when doing wudu'     115
Repeating the takbir in the adhan     116
Should the basmala be recited when doing the prayer?     118
The difference of opinion regarding recitation behind an imam      126
Someone doing a fard prayer praying behind someone doing a nafl prayer     128
Some examples of the prejudice that I have seen and heard from the proponents of other madhhabs which led to the writing of this book     130
Prejudice on the part of some Shafi'i scholars     130
The basis for saying that a mutilated slave is free     131
Doing the prayer behind a Maliki imam who does not recite the basmala     132
How the adhan should be done     134
A Shafi'i's objection to a Maliki leading the prayer     135
Denial of the accusation that Ashhab wounded al-Shafi'i     137
What Ibn Hajar said in his Manaqib al-Layth     139
Prejudice on the part of some Hanafi scholars     143
Further examples of the prejudice of some Shafi'is     145
Examples of the fairness of some Shafi'i scholars towards the Maliki madhhab     147
Some |grammatical| points where many specialists make mistakes     150
Wudu' and wadu'     150
Dhikr and dhikra     151
Ghusl and ghasl     151
Akl and ukl     151
Kuhl and kahl     151
Reasons why the way many mu'adhdhins call the adhan is kufr     151
The common error regarding the pronunciation of the word mi'a      154
Notes     156
Glossary     184
Biographical notes     188
Bibliography     209
Arabic sources     209
European-language sources     213
Index     217

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