Divinity Atlas

Sacred Correspondences
Schools of Religious Law

Maliki School

Also Known As Maliki The usual short form, as in Maliki jurisprudence.

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Origin 730 to 800 CE

One of the four surviving Sunni schools of jurisprudence, named for Malik ibn Anas of Medina, whose Muwatta is among the earliest surviving works of Islamic law. The school gives distinctive weight to the settled practice of the people of Medina as evidence of the Prophet's own custom, alongside the Quran, hadith and analogy. It travelled west with the Muslim advance across North Africa and into al-Andalus and West Africa, where it remains the dominant school.

Facts
Giving
Standing Giving Expectation
The Maliki school shares the general 2.5% zakat rate but calculates a wider livestock base than the other three Sunni schools and the Imami school alike. Mughniyya's comparative fiqh text states the Malikis alone "levy zakat on both grazing and non-grazing livestock," where every other school exempts livestock an owner feeds rather than grazes freely; and the Malikis alone levy zakat "on both working as well as other animals without any difference," where the other schools exempt an ox used for tilling or a camel used for transport regardless of number. The Maliki position on debt is narrower than the Hanbali school's: debt only prevents zakat liability on gold and silver specifically, not on grain, livestock or minerals, so a debtor owing money still owes zakat on a herd or a harvest even while a gold or silver holding of the same value would be exempt. 4
Standard Rate Expected
Two and a half percent. 4
How the Expectation Is Enforced
Codified Obligation With Consequences 4
Origins
Origin Period
730 to 800 CE 1
Place of Origin
Medina, in the Hijaz 1
Founder
Malik ibn Anas (d. 795), whose teaching was carried on and systematized by his students, chief among them Ibn al-Qasim and, later, Sahnun in the Mudawwana 1
Origin of the Name
Named for its founding jurist, Malik ibn Anas 1
Status
Status Today
Living tradition, practised today 2
Observance
Observance Note
The predominant school across North and West Africa today, and historically the school of al-Andalus. 3
Belief
Defining Doctrinal Position
The settled practice of Medina as a source of law 1
Alone among the four, treats the settled practice of Medina as a source that can override a sound hadith, and admits an unstated public benefit as a ground of ruling.
Organisation
Governance
Authority in trained scholars, with no central office 1
Ordination
Conferred by a teacher's certification of learning 1
Practice
Liturgical Language
Classical Arabic 2
Learn More
The Practice of Medina as a Source of Law

What distinguishes Maliki jurisprudence is a claim about evidence. Malik ibn Anas taught in Medina, the city where the Prophet lived and was buried, and he held that the settled practice of its people, amal ahl al-Madina, was itself proof of the sunna. If the whole community of the city did something continuously, that continuity was better evidence of what the Prophet had done than a single chain of transmission running back through one narrator who might have misremembered.

The Muwatta is the book that shows the method working. It is arranged by legal topic and moves between prophetic hadith, the reported opinions of Companions and their successors, and plain statements of what the people of Medina do, without treating the last of these as the weakest. That is why it is read as both a hadith collection and a law book, and why it is among the earliest surviving works of either kind.

The argument against the principle was made early and has never gone away. Al-Shafii, who had studied with Malik, objected that the custom of a city is a local habit and cannot outrank an authenticated report of what the Prophet said. The Maliki reply distinguishes practice transmitted continuously from the generation of the Prophet himself, which carries the weight, from later Medinan usage, which does not. The dispute is one of the clearest cases in Islamic law of two schools disagreeing not about a ruling but about what is allowed to count as a reason for one.

Sources The Canonization of Islamic Law: A Social and Intellectual HistoryAhmed El Shamsy with Principles of Islamic JurisprudenceMohammad Hashim Kamali

The Road West, and the Books the School Reads

Maliki law travelled with the armies, the scholars and the merchants who moved west, and it settled where they settled. It became the school of Ifriqiya, of the Maghrib, of al-Andalus for as long as Muslim rule lasted there, and of the Sahara and the Sudanic belt as far as the Niger. It remains dominant across North and West Africa today, and is followed in Upper Egypt, Sudan, Kuwait and Bahrain.

The literature the school works from is layered rather than single. The Mudawwana, compiled by Sahnun at Qayrawan out of the answers of Ibn al-Qasim, who had studied with Malik, is the foundational body of positions. The short Risala of Ibn Abi Zayd al-Qayrawani is the manual generations of students memorised. The Mukhtasar of Khalil ibn Ishaq, written in the fourteenth century, compresses the preferred rulings into a text so dense that the commentaries on it, rather than the text itself, are the working library of West African jurists, and copies of both are well represented in the surviving manuscript collections of Timbuktu.

Two Maliki instruments have had reach beyond the school. Istislah, ruling with the public interest in view where the texts are silent, gave jurists room to address questions the sources had not anticipated, and it is a Maliki argument that later reformers across the Muslim world reached for. Amal, the recognition that the established practice of a court can settle what the books leave open, gave regional judiciaries a way to adapt without claiming to legislate.

Sources The Encyclopaedia of Islam, 2nd editionP. Bearman, Th. Bianquis, C. E. Bosworth, E. van Donzel and W. P. Heinrichs (eds.) with Principles of Islamic JurisprudenceMohammad Hashim Kamali

Cross-Tradition Connections

Belongs to Tradition

Islam, Religions

Branch Of

Sunni, Denominations

One of the four surviving Sunni schools of jurisprudence.

Holds Element

Source The Study Quran: A New Translation and CommentarySeyyed Hossein Nasr (editor-in-chief)
Source Prayer in Islamic Thought and PracticeMarion Holmes Katz
Al-Azhar, Sacred Sites
Source The Encyclopaedia of Islam, 2nd editionP. Bearman, Th. Bianquis, C. E. Bosworth, E. van Donzel and W. P. Heinrichs (eds.)
Source An Introduction to Islamic LawWael B. Hallaq
Aqeeqah, Rituals
Source The Shi'is of IraqYitzhak Nakash
Asr, Practices
Source Prayer in Islamic Thought and PracticeMarion Holmes Katz
Burial, Rituals
Source The Islamic Understanding of Death and ResurrectionJane Idleman Smith and Yvonne Yazbeck Haddad
Dhuhr, Practices
Source Prayer in Islamic Thought and PracticeMarion Holmes Katz
Source The Encyclopaedia of Islam, 2nd editionP. Bearman, Th. Bianquis, C. E. Bosworth, E. van Donzel and W. P. Heinrichs (eds.)
Source The Encyclopaedia of Islam, 2nd editionP. Bearman, Th. Bianquis, C. E. Bosworth, E. van Donzel and W. P. Heinrichs (eds.)
Fajr, Practices
Source Prayer in Islamic Thought and PracticeMarion Holmes Katz
Fasting, Practices
Source An Introduction to Islamic LawWael B. Hallaq
Ghusl, Practices
Source Prayer in Islamic Thought and PracticeMarion Holmes Katz
Source The Islamic Understanding of Death and ResurrectionJane Idleman Smith and Yvonne Yazbeck Haddad
Hafs 'an 'Asim, Sacred Sound

Accepted as canonical, but the reading recited across the Maliki west is Warsh, and Qalun in Libya and parts of Tunisia.

Halal, Practices
Source The Encyclopaedia of Islam, 2nd editionP. Bearman, Th. Bianquis, C. E. Bosworth, E. van Donzel and W. P. Heinrichs (eds.)
Source Prayer in Islamic Thought and PracticeMarion Holmes Katz
Isha, Practices
Source Prayer in Islamic Thought and PracticeMarion Holmes Katz
Source The Encyclopaedia of Islam, 2nd editionP. Bearman, Th. Bianquis, C. E. Bosworth, E. van Donzel and W. P. Heinrichs (eds.)
Source The Encyclopaedia of Islam, 2nd editionP. Bearman, Th. Bianquis, C. E. Bosworth, E. van Donzel and W. P. Heinrichs (eds.)
Istighfar, Mantras
Source Prayer in Islamic Thought and PracticeMarion Holmes Katz
Istikhara, Practices
Source Prayer in Islamic Thought and PracticeMarion Holmes Katz
Istisqa, Practices
Source Prayer in Islamic Thought and PracticeMarion Holmes Katz
Itikaf, Practices
Source Prayer in Islamic Thought and PracticeMarion Holmes Katz
Khitan, Rituals

Mid Shaban is kept across the Maliki west as popular devotion rather than on the strength of a ruling of the school, and Malik is reported to have disapproved of singling the night out.

Source The Encyclopaedia of Islam, 2nd editionP. Bearman, Th. Bianquis, C. E. Bosworth, E. van Donzel and W. P. Heinrichs (eds.)
Source The Encyclopaedia of Islam, 2nd editionP. Bearman, Th. Bianquis, C. E. Bosworth, E. van Donzel and W. P. Heinrichs (eds.)
Maghrib, Practices
Source Prayer in Islamic Thought and PracticeMarion Holmes Katz
Source The Encyclopaedia of Islam, 2nd editionP. Bearman, Th. Bianquis, C. E. Bosworth, E. van Donzel and W. P. Heinrichs (eds.)
Nikah, Rituals
Niqab, Religious Dress & Vestments

Worn in parts of the Maliki west as regional custom rather than required by a ruling of the school, which excepts the face and the hands.

Pilgrimage, Practices
Source An Introduction to Islamic LawWael B. Hallaq
Prayer, Practices
Source An Introduction to Islamic LawWael B. Hallaq
Source Prayer in Islamic Thought and PracticeMarion Holmes Katz
Qurbani, Rituals
Source An Introduction to Islamic LawWael B. Hallaq
Source The Encyclopaedia of Islam, 2nd editionP. Bearman, Th. Bianquis, C. E. Bosworth, E. van Donzel and W. P. Heinrichs (eds.)
Sadaqah, Practices
Source Fiqh al-ZakahYusuf al-Qaradawi
Source The Islamic Understanding of Death and ResurrectionJane Idleman Smith and Yvonne Yazbeck Haddad
Source An Introduction to Islamic LawWael B. Hallaq
Shahada, Mantras
Source Prayer in Islamic Thought and PracticeMarion Holmes Katz
Source The Encyclopaedia of Islam, 2nd editionP. Bearman, Th. Bianquis, C. E. Bosworth, E. van Donzel and W. P. Heinrichs (eds.)
Tahajjud, Practices
Source Prayer in Islamic Thought and PracticeMarion Holmes Katz
Takbir, Mantras
Source Prayer in Islamic Thought and PracticeMarion Holmes Katz
Tasbih, Mantras
Source Prayer in Islamic Thought and PracticeMarion Holmes Katz
Tayammum, Practices
Source Prayer in Islamic Thought and PracticeMarion Holmes Katz
Source The Amman MessageRoyal Aal al-Bayt Institute for Islamic Thought
Source The Encyclopaedia of Islam, 2nd editionP. Bearman, Th. Bianquis, C. E. Bosworth, E. van Donzel and W. P. Heinrichs (eds.)

The mosques and manuscript libraries of Timbuktu carry the Maliki learning of the West African Sahel.

Source Corpus of Early Arabic Sources for West African HistoryNehemia Levtzion and J. F. P. Hopkins (eds.)
Source The Encyclopaedia of Islam, 2nd editionP. Bearman, Th. Bianquis, C. E. Bosworth, E. van Donzel and W. P. Heinrichs (eds.)
Source An Introduction to Islamic LawWael B. Hallaq

Kairouan was the seat from which Maliki law spread across North Africa, and Sahnun compiled the Mudawwana there.

Source The Encyclopaedia of Islam, 2nd editionP. Bearman, Th. Bianquis, C. E. Bosworth, E. van Donzel and W. P. Heinrichs (eds.)

Al-Andalus was Maliki from the emirate onward, and the great mosque of Cordoba was the school's principal seat in the peninsula.

Source The Encyclopaedia of Islam, 2nd editionP. Bearman, Th. Bianquis, C. E. Bosworth, E. van Donzel and W. P. Heinrichs (eds.)

Received as an early record of the terms on which non-Muslim communities lived under Muslim rule rather than as a text of the school.

Source The Encyclopaedia of Islam, 2nd editionP. Bearman, Th. Bianquis, C. E. Bosworth, E. van Donzel and W. P. Heinrichs (eds.)

The Amman Message names the Maliki school among the eight whose adherents are Muslims, and holds that no one outside its qualified authorities may issue a legal opinion in its name.

Source The Amman MessageRoyal Aal al-Bayt Institute for Islamic Thought
Walima, Rituals

The transmission of Warsh from Nafi of Medina is the reading of the Maghreb and of West Africa, the lands the Maliki school has held since the ninth century.

Witr, Practices
Source Prayer in Islamic Thought and PracticeMarion Holmes Katz
Source Prayer in Islamic Thought and PracticeMarion Holmes Katz
Zakat, Practices
Source Fiqh al-ZakahYusuf al-Qaradawi
Source Fiqh al-ZakahYusuf al-Qaradawi
Source Fiqh al-ZakahYusuf al-Qaradawi

Held Differently

Basmala, Mantras

Maliki law omits the invocation at the head of the opening chapter in the obligatory prayer, holding that it is no part of the chapter.

Source Al-MuwattaMalik ibn Anas
Khums, Practices

In Maliki law khums is the fifth of the spoils of war set aside in the Quran, not a standing annual levy on surplus wealth.

Source An Introduction to Islamic LawWael B. Hallaq
Medina, Sacred Sites

Medina is a source of law in the Maliki school and not only a place of pilgrimage. The settled practice of its people carries evidential weight that no other school grants it.

Source Al-MuwattaMalik ibn Anas
Mujtahid, Religious Roles & Titles

Independent reasoning in the Maliki school is exercised within its own method, and the classical schools argued at length over whether reasoning outside a school remained open at all.

Source Was the Gate of Ijtihad Closed?Wael B. Hallaq
Salat (Daily Prayer), Rituals

Maliki prayer is made with the arms hanging at the sides rather than folded over the body. It is the one posture that tells a Maliki congregation apart on sight.

Source The Encyclopaedia of Islam, 2nd editionP. Bearman, Th. Bianquis, C. E. Bosworth, E. van Donzel and W. P. Heinrichs (eds.)
Tarawih, Practices

The Maliki school follows the settled practice of the people of Medina on the Ramadan night prayer, which Malik records in the Muwatta, rather than the fixed count of twenty units the other Sunni schools keep.

Source Al-MuwattaMalik ibn Anas
Bidah, Doctrines

Innovation divides into good and bad, with local practice weighed as evidence.

Usul al-fiqh, Doctrines

Accepts istihsan and gives maslaha, the public interest, a standing that has made this school central to modern reformist theory.

Critiqued Here

Nahj al-Balagha, Other Writings

The attribution of the collection to Ali is disputed in Sunni scholarship, which reads it as a later compilation whose material cannot all be traced to him.

Source The Encyclopaedia of Islam, 2nd editionP. Bearman, Th. Bianquis, C. E. Bosworth, E. van Donzel and W. P. Heinrichs (eds.)

Sunni jurists across the schools questioned both the authority claimed for the 1989 ruling and its reach beyond the jurisdiction that issued it.

Source The Encyclopaedia of Islam, 2nd editionP. Bearman, Th. Bianquis, C. E. Bosworth, E. van Donzel and W. P. Heinrichs (eds.)

Objects and Practices of This Tradition

Maliki jurists admit an unstated public benefit as a ground of ruling, which gives the school more room than the others in matters the sources do not address at all.

Source Principles of Islamic JurisprudenceMohammad Hashim Kamali

The settled practice of the people of Medina is a source of law in the Maliki school and in no other, on the reasoning that a whole city transmits the Prophet's practice more reliably than a single chain of narrators.

Hadith are affirmed as a source of law and doctrine in the Maliki school, drawn from the Sunni six-book canon shared across Sunni Islam.

Consensus binds, and the Maliki school gives particular weight to the consensus of the scholars of Medina.

Source Principles of Islamic JurisprudenceMohammad Hashim Kamali

Ijtihad and taqlid are both foundational method in the Maliki school, which gives particular weight to the practice of Medina as a source of law.

Juristic preference is used in the Maliki school, where Malik is reported to have called it nine tenths of knowledge, though it is applied more narrowly than in Hanafi practice.

Source Principles of Islamic JurisprudenceMohammad Hashim Kamali

Analogy is accepted in the Maliki school, but it yields to the practice of Medina where the two conflict.

Source Principles of Islamic JurisprudenceMohammad Hashim Kamali
Sharia, Doctrines

Sharia, elaborated through Maliki jurisprudence, the school founded by Malik ibn Anas and historically dominant across North and West Africa, is affirmed as binding.

Source Principles of Islamic JurisprudenceMohammad Hashim Kamali

The Quran, held to be the literal and uncreated word of God revealed to Muhammad, is canonical scripture across every branch of Islam, including this tradition.

Source The Study Quran: A New Translation and CommentarySeyyed Hossein Nasr (editor-in-chief)

Position On

Haram, Doctrines

The forbidden category is affirmed in Maliki law as the strongest of the five rulings.

Source Principles of Islamic JurisprudenceMohammad Hashim Kamali
Jihad, Doctrines

Jihad is a chapter of Maliki law, and its treatment in the school shaped the legal argument over rising in the West African jihad movements of the eighteenth and nineteenth centuries.

Jizya, Doctrines

The poll tax and the protected status it buys are treated in Maliki law, whose application across North and West Africa gave the category a long practical history.

The division into grave and lesser sins is affirmed in Maliki doctrine.

Source The Study Quran: A New Translation and CommentarySeyyed Hossein Nasr (editor-in-chief)
Kaffara, Doctrines

Kaffara is affirmed in Maliki law as a defined expiation, and the Muwatta records the early Medinan rulings on it.

Source Al-MuwattaMalik ibn Anas
Sharia, Doctrines

The Maliki school, which gives distinctive weight to the practice of the people of Medina as evidence of the Sunna.

The five rulings are the classification of acts in Maliki jurisprudence.

Source Principles of Islamic JurisprudenceMohammad Hashim Kamali
Sources
1. The Formation of the Sunni Schools of Law, 9th-10th Centuries C.E.
Christopher Melchert, Brill, 1997the formation of the Maliki schoolView the Source
2. The Encyclopaedia of Islam, 2nd edition
P. Bearman, Th. Bianquis, C. E. Bosworth, E. van Donzel and W. P. Heinrichs (eds.), Brill, 2005entries on Malik ibn Anas and on the MalikiyyaView the Source
3. The Canonization of Islamic Law: A Social and Intellectual History
Ahmed El Shamsy, Cambridge University Press, 2013View the Source
4. The Five Schools of Islamic Law: Zakat
Muhammad Jawad Mughniyya, Al-Islam.org, hosting Muhammad Jawad Mughniyya's own comparative fiqh workView the Source
Non-Muslims in the Early Islamic Empire: From Surrender to Coexistence
Milka Levy-Rubin, Cambridge University Press, 2011
Al-Muwatta
Malik ibn Anas, 795
The Hajj: The Muslim Pilgrimage to Mecca and the Holy Places
F. E. Peters, Princeton University Press, 1994View the Source
Prayer in Islamic Thought and Practice
Marion Holmes Katz, Cambridge University Press, 2013Publisher abstract
Quote, Publisher abstract
The five daily prayers (Salat) that constitute the second pillar of Islam deeply pervade the everyday life of observant Muslims.
View the Source
Marriage and Slavery in Early Islam
Kecia Ali, Harvard University Press, 2010View the Source
Fiqh al-Zakah
Yusuf al-Qaradawi, Scientific Publishing Centre, King Abdulaziz University, 1969View the Source
God's Rule: Government and Islam. Six Centuries of Medieval Islamic Political Thought
Patricia Crone, Columbia University Press, 2004
The Art of Reciting the Quran: The Recited Book in the Life of Egypt
Kristina Nelson, University of Texas Press, 1985
The Amman Message
Royal Aal al-Bayt Institute for Islamic Thought, Royal Aal al-Bayt Institute for Islamic Thought, 2008Summary, Three Points, point one
Quote, Summary, Three Points, point one
They specifically recognized the validity of all 8 Mathhabs (legal schools) of Sunni, Shi'a and Ibadhi Islam; of traditional Islamic Theology (Ash'arism); of Islamic Mysticism (Sufism), and of true Salafi thought, and came to a precise definition of who is a Muslim.
View the Source
An Introduction to Islamic Law
Wael B. Hallaq, Cambridge University Press, 2009the practice of Medina as a source, and Maliki usulView the Source
The Islamic Understanding of Death and Resurrection
Jane Idleman Smith and Yvonne Yazbeck Haddad, Oxford University Press, 2002View the Source
Jihad in Classical and Modern Islam: A Reader
Rudolph Peters, Markus Wiener Publishers, 1996
Held in Trust: Waqf in the Islamic World
Pascale Ghazaleh (ed.), American University in Cairo Press, 2011
The Rise of Colleges: Institutions of Learning in Islam and the West
George Makdisi, Edinburgh University Press, 1981View the Source
Principles of Islamic Jurisprudence
Mohammad Hashim Kamali, Islamic Texts Society, 2003View the Source
Was the Gate of Ijtihad Closed?
Wael B. Hallaq, International Journal of Middle East Studies 16:1, 1984
The Succession to Muhammad: A Study of the Early Caliphate
Wilferd Madelung, Cambridge University Press, 1997View the Source
Corpus of Early Arabic Sources for West African History
Nehemia Levtzion and J. F. P. Hopkins (eds.), Cambridge University Press, 1981
The Study Quran: A New Translation and Commentary
Seyyed Hossein Nasr (editor-in-chief), HarperOne, 2015View the Source
The Shi'is of Iraq
Yitzhak Nakash, Princeton University Press, 1994
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