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Volume :20 Issue : 63 2005      Add To Cart                                                                    Download

The Maliki School of Fiqh in Andalusia: Between Taqleed (Adherence, Imitation) and ‘Ittibaa’ (Aware following)

Auther : Dr. Tawfiq ibn Ahmad Al-Ghalbzouri

 

Malik, the Imam of Al-Madinah (r.), used to have two teaching sessions: one for “masa’il” (issues and questions) and the other for Hadith. These two different sessions left different effects on his students, Andalusian and others. An example of those effects could be seen in his two Egyptian students: Ibn Wahb and ibn Al-Qasim, and in the story of collecting of “Al-Asadiyyah” and “Al-Mudawwanah” by the two imams: Asad ibn Al-Furat and Sahnoun ibn Sa’eed Al-Tanoukhi, respectively.

 

Such difference was greatly seen in the early Andalusia students of Malik (ra). We could say that the Maliki madh-hab in Andalusia knew, since its early start, these two different trends in the same school of Fiqh:

1.A trend of “furu’” (detailed issues and questions) following taqleed (following received opinions without being concerned with “daleels”, proofs).

2.A trend of “ta’seel” (looking for the source of proofs) following ‘ittibaa’ (being concerned with the proofs of the followed scholars).  This fact is clear for whoever study the history of the Maliki madh-hab in Andalusia and its scholars and their works.

In this paper, it will be clarified that the first trend was dominating in Andalusia. It had the form of adhering to the detailed issues and cases of the madh-hab with a low interest in Hadiths and disciplines of Sunnah generally and a higher interest in pure Fiqh without daleels (proofs).

 

It is regrettable that the Maliki School in Andalusia had taken that trend since its start. I used to think that Qar‘ous ibn Al-Abbas ibn Qar‘ous, the student and narrator of Malik, was the first one who followed this trend and the first to introduce this madh-hab to Andalusia.

In spite of that, the other trend of Ittibaa and daleel grew in parallel with the first trend since the early period as it will be indicated in this paper.

After investigating the books of biographies of Maliki faqeehs (jurists), I found that the first one who introduced this trend to Andalusia was the same person who introduced the Maliki madh-hab and Muwatta’ of Malik to Andalusia, the faqeeh of Andalusia Ziad ibn Abd Al-Rahman Al-Q

 

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