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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.
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.
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