This book considers the transmission of the Sunna through the lens of the great Madinan legal scholar, Imam Malik ibn Anas (d. 179 AH/795 CE), in his renowned book al-Muwatta', or 'The well-trodden path'. It considers not only the legal judgements preserved in this book, but also the key scholars involved in the transmission of these judgements, namely, Malik's teachers and students. These different transmissions provide very strong evidence for the reliability of Malik's transmission of the Sunna. Overriding these textual considerations is the concept of 'amal, or the Practice of the People of Medina. This is accepted as a prime source by Malik and those following him, but is effectively rejected by the other schools, who prefer hadith (textual reports) as an indication of Sunna. Given the contested nature of 'amal in both ancient and modern times, and the general unawareness of it in contemporary Islamic studies, this source receives extended treatment here. This allows for a deeper understanding of the nature of Islamic law and its development, and, by extension, of Islam itself.

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.

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.

Series Information:
Culture and Civilization in the Middle East

Questions the accepted classical Muslim view and current revisionist western view on the development of Islamic law. The first study in English to deal with the early development of the Maliki school of jurisprudence, and to demonstrate the methods used, linguistic and otherwise, in interpreting the Qu'ran.

This collection tackles the four madhhabs of Islam in a thought-provoking way. Together, the four contributions show that recovery of transmitted practice backed by scholarship is a dynamic and liberating way that can lead to a new flowering of the deen in every age.

This book considers the transmission of the Sunna through the lens of the great Madinan legal scholar, Imam Malik ibn Anas (d. 179 AH/795 CE), in his renowned book al-Muwatta', or 'The well-trodden path'. It considers not only the legal judgements preserved in this book, but also the key scholars involved in the transmission of these judgements, namely, Malik's teachers and students. These different transmissions provide very strong evidence for the reliability of Malik's transmission of the Sunna. Overriding these textual considerations is the concept of 'amal, or the Practice of the People of Medina. This is accepted as a prime source by Malik and those following him, but is effectively rejected by the other schools, who prefer hadith (textual reports) as an indication of Sunna. Given the contested nature of 'amal in both ancient and modern times, and the general unawareness of it in contemporary Islamic studies, this source receives extended treatment here. This allows for a deeper understanding of the nature of Islamic law and its development, and, by extension, of Islam itself.