Shaykh Abdul Rashid Ali Sufi Reciting in Khalaf Reading Style – Complete Qur’an

Shaykh Abdul Rashid Ali Sufi Reciting in Khalaf Reading Style – Complete Qur’an
The Reciter is Shaykh Abdur Rashid Ali Sufi who is reciting in Qirā’atu Khalaf (the reading method) of Khalaf. A Qirā’at is a method of pronunciation used in the recitations of the Qur’an. There ten Qirā’āt methods. Seven qirā’āt (methods of recitations) out of the ten qirā’āt have authentic chains of transmission as outlined by Imam Ash-Shaatibiyy. Each of the seven qirā’āt has two separate modes of reading that were made famous by each of the two main students of the original teachers (imams) of the recitation. The remaining three qirā’āt that have been mentioned by Imam ibn Al-Jazari are also named after the students of the scholars who were the original reciters.
Each qirā’āt has two narrators of the recitation of the first scholar, sometimes the two different narrations they learned from the first scholar are almost identical, other times, there is quite a difference between them. Each qirā’āt (methods of recitations) was either transmitted directly from the Imam himself or transmitted with a shaykh or two in between the student and the main teacher.
What’s really interesting is that each qirā’āt has received its name from the main student who mastered and popularized the reading rather than the master teacher who taught it. Another interesting point is that even though two modes of reading may have been transmitted from the same teacher, they may have very different rules, as each has its own chain of transmission and each has its own identity. The main point is that these are all authentic ways of recitation passed down in chains of transmission from the Messenger of Allah, (S.A.W), person by person until the recitation has reached us today.
In respect to the Khalaf reading method, you’ll notice the high ended pronunciation placed on the Alif Maqsuurah. For example in Surah (93) Suratu-ḍ-Ḍuḥaa the Shaykh reads the verse , wa-ḍ-ḍuḥay, as opposed to wa-ḍ-ḍuḥaa and wa maa qalay as opposed to wa maa qalaa as found in the other readings styles.
Those who are hearing this for the first time; keep an opened mind. Don’t assume the reciter is making mistakes. He’s not.
Another example of the uniqueness of this reading style is found in Suratu-l-Faatiḥah wherein the Shaykh reads verses 6 and 7: ihdina-z-ziraṭa-l-mustaqiima ziraṭa-l-ladhiina an ʿamta ʿalayhum ghayru-l-maghḍuubi ʿalayhum wala-d-daaaaaa liiiiiin,
as opposed to ihdina-ṣ-ṣiraṭa-l-mustaqiima ṣiraṭa-l-ladhiina an ʿamta ʿalayhim ghayru-l-maghḍuubi ʿalayhim wala-d-daaaaaa liiiiiim, as found in the other readings styles.
Click on the following link:
Click the following link to read each Surah individually:
Click on the following link to down a copy of the Qur’an in the Khalaf style of reading with the color coded rules of tajwīd:
Published in: Uncategorized on February 14, 2020 at 10:02  Leave a Comment  

Aspects of The ʿAmal of The People of Madinah

Aspects of The ʿAmal of The People of Madinah

 ©Al-Madanii Publishers

© 1996 Amal Al-Madanii Publishers

Chapter 1: The Origin of the Sunnah

The Sunnah is a model pattern of behavior.  Ibn Mandhuur in his Lisaanu-l-Arab on the authority of at-Tahdhiibu-l-Lughah compiled by Abu Mansuur Muhammad bin Ahmad bin Azhar al Haraawī has defined the term sunnah in the following manner: السُّنَّةُ هِـيَ الطَّرِيقَةُ الْـمَحْـمُودَةُ الْمُسْـتَقيمَةُ (the Sunnah is the commendable straight way).  And so the sunnah is a model behavior and an exemplary conduct which is followed by those who regard it as the most correct example of behavior without deviating to the right or to the left and without paying attention to any other way.

The original and primary meaning of the verbسَـنَّ (sanna) from which the word سُـنّة (sunnah) has been derived is he introduced; he set an example. Thus, the sunnah was an example that had been set or introduced.  From this concept came a secondary meaning he followed a trodden path .  It can be seen from these means, that the original meaning for the word sunnah is a practice which was introduced and exemplified by a previous person or a former group of people as a way of behaving which became the most correct and normal behavior for the people who followed them.

The term سُـنّة اللّه (Sunnatu-l-laah) which has been used in the Qur’an in Surahs 33:38; 33:62 (twice); 35:43 (twice); 40:35 and 48:23 (twice) means the natural and moral law governing the rise and fall of nations of the world.  Both the verbal noun form سنة  (sunnah) and its verb form   سنّ (sanna) when applied as one of Allah’s actions or what is a manifestation of one of Allah’s actions means: He prescribed or manifested something.  This is further evidence that the original meaning of sunnah signified something that is introduced rather than something that is followed .  

Its second meaning, does not come from the first form root  verb سَـنَّ (sanna), but rather from its derived forms such as اِسْـتَسَنَّ (istasannaa), تَـسَنَّنَ (tasannana), اِسْـتَـنَّ (istanna) all of which mean he followed .  From these verbs forms we are able to form a sentence with any one of the three verbs – for example:

اِسْـتَنَّ سُنَّةَ مُحَمَّدٍ – (istanna Sunnah Muhammad [He followed the Sunnah of Muhammad]) meaning: عَمِلَ بِهَا (ʿamila bihaa [He acted in accord with it]) or اِسْتَسَنَّ بِصِرَاتِهِ (istasanna bi ṣiraatihi [He followed his way or path]) meaning: اِتَّبَعَهَا (ittabaʿahaa [he observed, took heed, bore kept in mind (his duty) to follow the way, path or conduct of]) فُـلاَن فُـلاَن (fulaan fulaan [so and so]).  

Therefore this second meaning for the word sunnah has come to mean model behavior, exemplary conduct or a set example and although someone can set a bad example or bad sunnah, if he desires it to be followed by others, he probably did not intend to set a bad example and in his mind he believes his behavior to be correct.  Thus, the word sunnah is always applied to positive intent although the outcome may be negative.

The phrase سنّة النبي (Sunnat-an-Nabii [Sunnah of the Prophet]), سنّة الرسول (Sunnat-ur-Rasuul [Sunnah of the Messenger]) and سنّة محمّد (Sunnatu Muhammad [Sunnah of Muhammad]) do not appear in the Holy Qur’an.  The term which appears in the Holy Qur’an to describe the behavioral pattern of the Prophet صلى الله عليه وسلم  is ‘uswatun hasanatun’ (an excellent example).  The word sunnah being used in connection with the Prophet صلى الله عليه وسلم  seems to have originated from the Prophet himself صلى الله عليه وسلم .  In His last sermon delivered during his farewell pilgrimage to Makkah which is reported in the Muwatta of Imaam Maalik  as follows: 

“Yahya related to me from Maalik  that he heard that the Messenger of Allah صلى الله عليه وسلم said, ‘I have left among you two matters.  You will never go astray if you hold fast to them: the Book of Allah and the Sunnah of His Prophet.’”  

And so even though the phrase Sunnat-ur-Rasuul (Sunnah of the Messenger does not appear in the Holy Qur’an, it is clear that the concept of Sunnat-ur-Rasuul has been established since the beginning of the Prophet’s mission and the existence of a Sunnah that belongs to the Messenger of Allah صلى الله عليه وسلم and that is derived from his example is confirmed by the words of Allah the Most High 

In the Holy Qur’an:

“Surely in the Messenger of Allah is ‘uswatun hasanatun’ (a good example) for you, who expect (to encounter) Allah and the Last Day.”

The Sunnah of the Prophet  صلى الله عليه وسلم is divided into three matters: سنة فعله (sunnatu fiʿalihi [the sunnah of what the Prophet  صلى الله عليه وسلم did]), سنة قوله (sunnatu qawlihi [the sunnah of what he  صلى الله عليه و سلم said]) and سنة التقرير (sunnatu at-taqriir [the confirmed sunnah of what was done or said in his presence and he did not disapprove it].  

This standard of conduct or Sunnah was not only practiced during the life time of the Prophet صلى الله عليه وسلم, but continued to be practiced after his lifetime.  The Ṣaḥaabah, the Tabiʿuun  and the Tabiʿu-t-Tabiʿiin continued to apply these fundamental principles in the early Madinan community on a more elaborate scale due to new and developing problems which confronted that ever expanding Muslim community.  As a result, the Sunnah of the Prophet began to take shape as ‘formal law’ (fiqh) and a ‘normative practice’ (ʿAmal) which was based on ‘the past practice’ (ʿamalu-s-saalif), and with the passage of time, two distinct and sometimes opposing views evolved concerning the process of deriving the Sunnah.  The first and earlier view was based on the idea that the on going behavioral practice of the Muslims was linked to the Sunnah of the Prophet صلى الله عليه وسلم not only by oral traditions (ḥadiths), but also by the behavioral tradition (ʿAmal) going back to the Prophet صلى الله عليه وسلم and the two generations that followed his.  A fuller discussion of this matter is coming in the next chapter.   

  

Chapter 2: ʿAmal and Ḥadith: Two Approaches to the Sunnah

Over time two views evolved concerning the methodology that should be used to derive and formulate the Sunnah.  

One group – the people of Madinah utilized Ḥadith to derive the Sunnah. The Ḥadith they used were not only from the Prophet صلى الله عليه وسلم, but also from the Sahaabah and Tabiʿiin and Tabiʿu-t-Tabiʿiin. They also used the authoritative pronouncements of the khalifahs, the decision of the qaadis, and the generally practice  which had been agreed upon through the consensus of the ʿulamaa’ of Madinah as sources for deriving the Sunnah.  To them, the sunnah was organic, that is to say, an on going living reality that extended from the time of the Messenger of Allah صلى الله عليه وسلم to their time.   

The other group – the Muhadith-thuun (scholars of traditions) believed that sunnah was only derived from Ḥadith going back to the Prophet صلى الله عليه وسلم.

Imaam Maalik, who recorded the ʿAmal (social and behavioral practice) of the people of Madinah in his book Al-Muwatta generally opens each of its legal chapters with a Ḥadith from the Prophet صلى الله عليه وسلم.  However,  he and the people of Madinah did not believe that the Sunnah was solely derived and formulated from these oral transmission (Ḥadith).  They believed that the Sunnah was best derived and formulated from the living transmission in the form of ʿAmal.  In the case of Imaam Maalik, it was the ʿAmal of the People of Madinah which was consider to be the primary source for deriving and establishing the Sunnah.  The ʿAmal of the people of Madinah was seen as a standard of behavior that was linked to the Sunnah of the Prophet صلى الله عليه وسلم and a living and continuous practice which had passed from father to son from the time of Prophet up until their era. A statement which has been ascribed to Rabiiʿah ibn Abi ʿAbdu-r-Rahmaan one of the teachers of Imaam Maalik sums up the position of Imaam Maalik  and the Madinans on this point:

A thousand from a thousand is better than one from one.  For one from one would tear the Sunnah right out of our hands.”, that is to say, accepting a practice that a thousand people have learned from a thousand people who came before them is better than  accepting a practice which is in base on one Ḥadith that has been transmitted only from one transmitter to another and that stands in direct opposition to that accepted practice or ʿAmal.

Ibn al-Qaasim the chief transmitter of Maalik’s views and his pupil said: in reference to a particular Ḥadith concerning a woman married without the permission of her guardian, “This Ḥadith has come down to us and if it were accompanied by a practice which had been passed on by the predecessor of those from whom we have taken it, it would be right to follow,  but in fact, it is like those other Ḥadith which are not accompanied by practice.  This point of view which has been expressed by Ibn al-Qaasim was rendered after giving Maalik’s  view that the marriage of a woman without the permission of her guardian was invalid although interpretation of the Ḥadith from ʿAa’ishah in which she acted as an agent in the marriage of Hafsah bint Abdu-r-Rahmaan to al-Mundhir bin az-Zubair (without the permission of her father who was away traveling) has given the impression that such a marriage was valid.  Ibn al Qaasim does not challenge the authenticity of the hadith, however he states:

“We do not know what the tafsiir (explanation) of this is, except that we assume that she appointed someone else to actually contract the marriage.”   

He further states:

“The ʿAmal (concerning this matter), which is confirmed and accompanied by practice is found in the words of the Prophet صلى الله عليه وسلم, ‘A woman should not be married without a legal guardian’ and the words of ʿUmar, ‘A woman should not marry without a legal guardian’ and the fact that ʿUmar separated a man and a woman who married without a legal guardian.’ ”  

So ḥadiths of this nature were not discredited in principle nor adopted in practice by the Madinans.  They were transmitted from the Companions to the Tabiʿiin and then they were transmitted to the Tabi’u-t-Tabiʿiin all without having been rejected or doubted.  But the Ḥadith which were not exemplified by a traceable on going practice of ʿAmal (behavior) were left aside while what was corroborated by an on going practice was followed.

The above evidence points out the difference between Imaam  Ash-Shaafiʿii  view of what authenticates the Sunnah and that of Imaam Maalik.  According to Imaam Ash-Shaafiʿii  the only valid and authoritative way to authenticate a sunnah practice is to rely on Ḥadith going back to the Prophet صلى الله عليه وسلم.  Ash-Shaafiʿii  is very emphatic on this point and he does not even recognize practice or consensus when they do not conform to the Qur’an and Sunnah.  According to Ash-Shaafiʿii  Sunnat-al-Islam and Sunnah of the Prophet صلى الله عليه وسلم are synonymous.  Imaam Ash-Shaafiʿii  said in his Risaalah:

“When a reliable person relates from a reliable person until it reaches the Prophet صلى الله عليه وسلم, then it becomes authoritative,  we will not set it aside unless another Ḥadith from

the Prophet صلى الله عليه وسلم becomes available which contradicts it…”  On the other hand, according to Maalik, Sunnah is not merely based on Hadith.  It must also be corroborated as a practice by a traceable  ʿAmal.

  

Chapter 3 The Amal of Madinah: Imaam Maalik’s View

Imaam Maalik considered the ʿAmal of the people of Madinah as a primary source and he relied upon it for his futaawaa (legal judgements).  Thus in the Muwatta, Imaam Maalik says quite often after mentioning reports and hadiths, “The matter is unanimously agreed upon by us” or he would mention a chain of authorities upon whom he relied heavily when there wasn’t a transmitted hadith.  It has been expressed in his letter to al-Layth bin Sa’d which demonstrated his great reliance upon them as well as his disapproval of those who followed other than their way.  An example of Imaam Maalik’s disapproval of other ways comes at the very beginning of this letter.  It reads as follows:

“From Maalik  bin Anas to al-Layth bin Saʿd as-Salaamu alaykum: 

I beforehand, praise Allah other than Whom there is no god.  After this, may Allah grant us and you protection by means of obedience to Him secretly and openly.

May He grant us and you full pardon from every unacceptable thing.  Know, may Allah have mercy on you, that it has reached me that you al-Layth ibn Sa’d, are giving fataawa  (legal decisions) to the people with things which are inconsistent with what is generally agreed upon by those of us (the fuquhaa of Madinah) and (the people) of our city.

You, by virtue of your trustworthiness, your excellence and your rank among the people of your city, and the dependency of those around you upon you and their reliance upon what comes to them from you – should in reality have fear for yourself, and you should follow that which by following it, you hope to be safe.  For Allah, the Most High has said in His Book:

    ‘The forerunners, the first of the Muhaajiruun and the Ansaar and those who followed them in the performance of good deeds, Allah is pleased with them and they are pleased with Him.  He has made ready for them gardens with rivers flowing beneath them, timelessly forever without end.  That is the great victory.’  9:101

And  the Most High has said,

So give glad tidings to the slave who listen to the speech and follows that which is best…   39:17-18

Therefore the other people must follow the people of Madinah.  To it the Hijrah was made and in it the Qur’an was revealed, the lawful was declared lawful and the unlawful was declared unlawful while the Messenger of Allah صلى الله عليه وسلم was in their midst and they were in the presence of revelation to the Messenger Of Allah  صلى الله عليه وسلم and the act of revelation itself.  He صلى الله عليه وسلم gave them commands and they obeyed him.  He صلى الله عليه وسلم established the Sunnah for them and they followed him until Allah brought his life to an end and chose for him the reward of His Presence.  The Prays of Allah be upon him and His Peace, His Mercy and His Blessings.

       Then after him صلى الله عليه وسلم, those people from his ummah who obeyed him, rose up and assume authority by means of that which had been sent down to them.  Whatever they knew, they acted by.  Whatever they didn’t have knowledge of, they asked questions concerning it. Then they adopted that which they found to be the strongest position. As a result of their ijtihaad and their direct knowledge of the matter through experience, memory or proximity.  If there were those who held a different opinion or people expressed other opinions which were stronger or more worthy to be followed, they would set their own opinions aside, and follow and practice the others’ opinion.  Then the Tabiʿuun came after them following that same path.  They followed that Sunnah.

   Therefore, if a matter in Madinah is clearly practiced, I am not of the opinion that anyone has the right to go contrary to it because of the legacy which they (the people of Madinah) possess.  They (The other people) are  not allowed to assume this or presume this.  If the people of the (other) cities begin saying, ‘This is the ʿAmal (behavioral practice) which is in our city and this is what was done in it by those who passed from among us, they wouldn’t have certainty about that nor would that be permissible for them to claim.  Therefore, be careful.  May Allah have mercy upon you in this matter that I have written to you about.  

Know that it is my hope that I have not been called to write this to you, except out of the desire to give sincere counsel for sake of Allah glory be to Him.  I continue to hold you in the highest regard and to have the best thoughts about you.  Therefore give this letter of mine to you the closeness to your heart which it deserves.  If you do this, you will know that I have spared no efforts in giving you sincere advice.  May Allah give us and you the success to be able to obey Him and to obey His Prophet in every matter and in every circumstance, and peace be upon him and the mercy of Allah and His blessings. 

   In this statement Imaam Maalik  makes it clear that he believes it is unsound for the rest of the people in the other regions to differ with the ʿAmal of the people Madinah and in fact the other should follow the ʿAmal of the people Madinah.  

Then, he further clarifies what he means after that with proof which defends his position and this way which he follows.  The basis of this proof is that the fact that the Qur’an which contains the Laws (was revealed in Madinah) and the Fiqh of Islam was revealed in Madinah and its people were the first of those who turn towards the precepts of the Diin and to be addressed about command and prohibition.  They obeyed Allah’s command.    They stood as pillars of the Diin.  Then after the Prophet صلى الله عليه وسلم, Abu Bakr, ʿUmar and ʿUthmaan assumed leadership over them and the people of the Prophet’s Ummah obeyed them and carried out his Sunnah صلى الله عليه وسلم after aspiring it and studying it from the very beginning.  

Then after them came the Tabiʿuun (the progeny of the first generation) following the same path and following that (same) Sunnah.  It is by this that Madinah became the inheritor of the knowledge of the Sunnah.  The fiqh of Islam was strictly adhered to by the Tabiʿu Tabiʿiin (the progeny of the second generation).  It is that strict adherence (to the preceding practice of the Sunnah) which in Imaam Maalik’s view that does not allow for anyone else (from the other regions) to differ with it, because of the inheritance with which the People of Madinah had been entrusted and because none of the other Muslims could claim this about their city nor presume this about themselves.  

This is Imaam Maalik’s proof about the matter which he advances in support of the ʿAmal of the Madinah, and at times he use to place the ʿAmal of people of Madinah above the hadith.  And the reason that he usually mentions why he held such a view was that the ʿAmal which was practiced in Madinah was based on well known transmitted Sunnah, and that well known Sunnah should be placed above transmitted hadith. 

Imaam Maalik was not the first to hold this view however.  We have seen the opinion of Rabiiʿah his shaykh whose opinion has been mention in the previous chapter: “A thousand from a thousand is better than one from one.  For one from one would tear the Sunnah right out of our hands. 

Imaam Maalik said, 

Men from the people of knowledge and the Tabiʿiin have related the hadiths and we are not unaware of this, but the ʿAmal is passed on in a different way.  He said I saw Muhammad bin Abi Bakr ʿAmr bin Hazm who was a judge and his brother who knew many Ḥadith and who was a man of truth.  I heard ʿAbdullaah when Muhammad gave a judgment in the case, mention a Ḥadith which was at variance with the judgment while reproaching him.  ʿAbdullaah said to him, “Did this not come in such and such hadith?”  Muhammad said, “Certainly!  Then ʿAbdullaah said, “Why didn’t you take into account when you passed judgment?”  Muhammad then said, “Where are the people (that is to say: What is the opinion of the people of knowledge) in regards to the matter?”  What he meant is that the practice in Madinah did not agree with it.  The ʿAmal is stronger.”

As previously stated, it can be seen that Imaam Maalik   did not introduce this position (that the ʿAmal is stronger than the hadith) but rather, he was following a path that had been trodden by others before him from among the Tabiʿuun and the people of knowledge.  However, this view became well known through him because it was a position taken by him in the deliverance of (his) fatwaawa (formal legal opinions), and because some of what he gave as legal opinions has been recorded as being at variance with the reported hadith which he had transmitted.  It was in the successive Islamic ages which followed his, that he became more well known than those from whom he took it.  Thus the position became ascribed to him however he was a follower of it and not its originator. And Allah is the Best Knower In this matter.

       

Chapter 4 Madh-hab and ʿAmal 

What must be clearly understood at the out set of this discussion about madh-hab is that the concept madh-hab with regards to Imaam Maalik and the people of Madinah is totally different to the concept of madh-hab which is applied to the other cities and their imaams and their madh-habs.  The original and early meaning of madh-haab with regards to the people of Madinah is synonymous with the meaning for the word ʿAmal. In the Muwatta, Imaam Maalik  refers to the ʿAmal as:

الأَمْرُ الْـمَعْمُولُ بِهِ وَمَعْرِفَةٌ ذَلِكَ فِي صُدُورِ النَّاسِ وَمَا مَاضَى مِنْ عَمَلِ الْـمَاضِي فِيهِ

Al-‘amru-l-maʿmuul bihi wa maʿrifah dhaalika fii suduuri-n-naasi wa maa maadaa min ʿAmali-l-maadii fihi  

‘The issue concerning their practice (ʿAmal) , and what is known about it, is in the hearts of the people, and what it is done in accordance with the ʿamal al-maaḍii ( the past practice) is (also) in their hearts.  [ al-Muwatta with the sharḥ (commentary) of az-Zurqaanii]

ʿAmal is the action or practice which is done in accordance with or on the strength of the behavior or actions of someone.  The ʿAmal of Madinah therefore is the action or practice of the people of Madinah who sought to perform every action or practice in accordance with or on the strength of the behavior and actions of Prophet صلى الله عليه وسلم, the Sahaabah, the Tabiʿuun and the Tabiʿu-t-Tabiʿiin.

Thus, it can be clearly seen that the ʿAmal of Madinah’ in reality is no more than the Sunnah of Muhammad صلى الله عليه وسلم combined with the accepted practices of the Salaf (The Worthy Predecessors – the people of three generations) whom the Prophet صلى الله عليه وسلم called outstanding in the well known and sound hadiths.  In regards to this matter, Imaam Maalik  is reported to have said:

“…I have thus said that it is my opinion after having considered the matter deeply in relation to the Sunnah and what has been endorsed by the people of knowledge who are worthy of being followed and what the practice has been from the time of the Messenger of Allah صلى الله عليه وسلم, and the Rightly Guided Khalifs along with those whom I have met in my life-time.  It is their opinion (I have followed) and I have not gone beyond them for (the opinion) of anyone else (لَمْ أَخْرُجْ عَنْ جُمْلَتِهِمْ إِلَى غَيْرِهِمْ [lam akhruj ‘an jumlatihim ilaa ghayrihim]).” 

With regards to the word Sunnah, there are phrases and expressions which Imaam Maalik uses in his Muwatta that clearly show that what he means by the word Sunnah is established practice and authoritative precedent. That is to say, the establish practice or authoritative precedent of either the Prophet صلى الله عليه وسلم, or the members of the three pre-eminent generations or the ʿulamaa (scholars) of the city who were his contemporaries.   

Phrases and expressions that are used by Imaam Maalik to mean the establish practice or authoritative precedent are as follows:

1. سنة نبيه

1. Sunnatu Nabiyyihi – The Sunnah of His Prophet                    

٢ . … السنة عندنا التي لا اختلاف فيها

2. … the Sunnah with us in which there is no disagreement concerning it.  

٣ . و تلك السنة التي لا اختلاف فيها عندنا و الذي لم يزل عليه عَمَلُ الناس

3. That is the Sunnah in which there is no difference of opinion among us and which is still the ʿAmal of the people.

٤ . فهذا الذي كنت اسمع و الذي عليه أمر الناس عندنا 

 

4. And so this is what I have heard and it is the practice the people among us.           

٥ . السنة عندنا والذي الدركت عليه أهل العلم ببلدنا …

5. (This is ) our Sunnah which I saw the people of knowledge in our city doing …  

٦ . فهذا الأمر عندنا و الذي سمعت من أهل العلم

6. This is common practice among us and that which I have heard from the people of knowledge.

٧ . و بلغني أن عمر بن الخطاب قال …

7. And it has reached me that ʿUmar bin al-Khattaab said …

٨ . و هو الأمر الذي لم يزل عليه أهل العلم ببلدنا 

8. It is the common practice which the people of knowledge in our city continue to do.

     

        As for the word مَذْهَب (madh-hab), it is rooted in the first form verb ذَهَبَ (dhahaba) which means he went , while ذَهَبَ إِلَى (dhahaba ilaa) means he held  the view, he was of the opinion and the phrase ذَهَبَ مَذْهَبَهُ (dhahaba madh-habahu) means he embraced so and so’s ideas; he followed so and so’s principles or rules; he went the way so and so went.  Thus, when Imaam Maalik  said he considered a matter according to the madh-hab of the people of Madinah he meant that he was making legal judgements according to the opinion, way and/or method of the people of knowledge in Madinah who were his contemporaries or were his predecessors going back to the Prophet صلى الله عليه وسلم.  Even when he is force to use ijtihaad, 

Imaam Maalik sets as his boundary as the madh-hab or way of the people of Madinah.  It is reported that Imaam Maalik  said:

“Where I have heard nothing from them (the scholars of Madinah), I have used my own judgement and considered the matter according to the madh-hab (way) of those whom I met, until I felt that I had arrived at the truth, or near it, so that it would not be outside of the madh-hab of the people of Madinah and their opinions…”

And so it can be seen from this statement, that in its early usage, the word madh-hab is nearly synonymous with the word ʿAmal.  Therefore, it can be said that Imaam Maalik’s madh-haab was the ʿAmal of Madinah. 

Ibn Taymiyyah said concerning this matter:

         “Praise belongs to Allah.  It is the Madh-hab of the people of Madinah – the City of the Prophet صلى اللّه عليه وسلّم, the Abode of the Sunnah, the Abode of Hijrah, the Abode of Assistance.  In Madinah Allah prescribed the Sunnah of Islam and His Shariiʿah, to Madinah the Muhaajiruun emigrated to Allah and His messenger صلى اللّه عليه وسلّم, and in Madinah were the Ansaar – ‘…those who lived in the Abode before them [the Muhaajiruun] and had adopted  faith…’ [59:9]

Their Madh-hab which existed in the time of the Sahaabah, the Taabiʿuun, Taabiʿu Taabiʿiin was the soundest of the Madh-habs of the people of all the cities of Islam in the east and in the west – in both Usuul (roots) and Furuuʿ (branches).”  

Ibn Taymiyyah further states:

“In the generations which the Messenger of Allah صلى اللّه عليه وسلّم praised, the Madh-hab of the people of Madinah was the soundest of the madh-habs of the people of the cities.  They followed in the footsteps of the Messenger of Allah صلى اللّه عليه وسلّم more than the rest of

the cities.  The people from the other cities had less knowledge about the Prophetic Sunnah than them and they followed it less. They were not in need of the administration of the rulers.  The needs of the scholars and the needs of the worshippers (elsewhere) were more than the needs of the people Madinah. This is due to the fact they (The People of Madinah) had less need than the others for any of these things because of what they possessed from the Prophetic Traditions which everyone needs to know and to follow.  It is for this reason, that none of the ‘ulamaa (scholars) of the Muslims was of the opinion that the ijmaaʿ (consensus) of any city from among the cities of the Muslims other than Madinah was a proof which should be followed – not in that era nor eras which follow – not the ijmaaʿ of the people Makkah, Ash-Shaam, Iraq – nor that of any of the other cities of the Muslims.  Those who relate from Abu Haniifah or one of his companions that the ijmaaʿ of al-Kuufah is a proof which must be followed by every Muslim have placed Abu Haniifah  and his companions in error by relating that.  As for Madinah, the people have conversed about the ijmaaʿ of its people and it is well known from Maalik  and his companions that the ijmaaʿ of its people is a proof and that the rest of the  Imaams contest them on that.” 

Ibn Taymiyyah again says:

“As for the three pre-eminent eras (the eras of the Prophet صلى اللّه عليه وسلّم and his Ṣaḥaabah, the Tabiʿuun and the Tabiʿu Tabiʿiin), there was no evident bidʿah (innovation) in the Prophetic City of Madinah during those eras at all, nor did any innovation in usuulu-d-diin (the fundamental principles of religion) emerge from it like what emerge from the rest of the cities.” 

Chapter 5 What is the Difference between the Maalikii Madh-hab and the Others (I.e. Hanafii, Shaafiʿii and Hanbalii)

The first and foremost thing that should be said about this subject is that none of the Imaams set out to found a school, but rather each Imaam assumed a tasked that was written on his heart by Allah.  The period they live in, the time they live in, the social environment in which they grew and lived all impacted these men and directed them towards the task of formulating a method by which to capture, preserve, protect and advance the Sunnah.  The schools of fiqh that became attributed to them by their students who desired to capture, preserve, protect and advance the methodology of their teachers.  This continued until the Middle Ages when certain scholars decided the gates to ijtihaad were closed.  Thereafter, every legal matter and new situation was reviewed and adjudicated on the basis of previous precedents and fatwas given by predecessors going all the way back to the Prophet Sallaa-l-laahu alayhi wa-s-Sallam. 

The first Madh-hab was that of Imaam Abu Haniifah originally know as the “School of Ra’ii (Opinion) and in later generations the Hanafii Madh-hab.  The method of this madh-hab or school of fiqh to deriving the Sunnah was influenced by the fact that it was functioning in an environment that was away from the original source Madinah and although their were Companions and men of knowledge who had arrived in Iraq and who live amongst them, new situations were occurring on a regular basis.   Few Companions travelled from Madinah and stayed in Iraq.  This was because of a policy that been established by ʿUmar which prevent scholars of the Diin from leaving Madinah in mass. In the absence of known or direct precedents, and because of the limited number of companions living in their midst, the ʿIraqiis resorted to making new rulings based on an understanding of the legal purpose of a prior ruling from the Kitaab, Sunnah, ijtihaad or ijmaa’a of first three generations.  They also formulated hypothetical cases which had not occurred in order to have judgement in place for their possible occurrence; and it for this reason that the people of the Iraqii School  are sometimes referred to as ‘the what-iffers’.  

In the case of Imaam Abu Haniifah, to whom the Madh-hab is attributed, he would go beyond the outward meaning of something and search further for their intent.  He would then use analogy to arrive at his judgements and opinions.   In doing this, it was not his intention to establish a new sunnah, but rather to uphold the already established Kitaab wa-s-Sunnah as it was being applied to anew situation.

 

What has been identified as the second madh-hab is the Madh-hab of the People of Madinah which as was previously mentioned  pre-dates Imaam Maalik who recorded and transmitted it in his well known book al-Muwatta.  Again, as previously mentioned, the methodology  used by this madh-hab for deriving the Sunnah was by direct transmission, that is say that one generation of people received it from the prior generation through the transmission of behavior and actions. These behaviors actions may or may not have been record in Ḥadith or they may have even be contradicted by one sound Ḥadith or another, but with the Madinans, an ʿamal  (precedent behavior or practice) which emanated from the first three generations would have precedence over the Ḥadith because as it was said and believed by them, as ibn Abi ʿAbdu-r-Rahmaan is reported to have said: “A thousand from a thousand is better than one from one.  For one from one would tear the Sunnah right out of our hands”. 

As previously mentioned, to the Madinans accepting a practice that a thousand people have learned from a thousand people who came before them is better than  accepting a practice which is in base on one Ḥadith that has been transmitted only from one transmitter to another and that stands in direct opposition to ʿAmal).  This is because that thousand people weren’t just ordinary people but rather they were the upright people of the first three generations whose behavior and adaab towards the Sunnah is impeccable and who are considered the most truthful of the generations about this matter.  

The third Madh-hab is the Shafiʿii which has been attributed to Imaam Shafiʿii.  Imaam Shafiʿii unlike Imaam Maalik who remained in Madinah and Imaam Abu Haniifah who travelled very little, Imaam Shafiʿii traveled widely and  much.  In the course of his travels, he had an opportunity to see how the Diin was developing in the different parts of the Ummah.  He also had the opportunity to study most if not all the fiqh methods of his time.  

These experiences help to shape Imaam Shaafiʿii’s views as to the best way to preserve and advance the knowledge of the Sunnah of the Prophet.   In his travels,  Imaam Shafiʿii began to notice an alarming amount of diversity in the practice of the Diin and out of fear that the Diin would become fracture because of these diverse approaches, Imaam Shafiʿii saw it as his task to develop a minhaaj (methodology) of hard copying and codifying an authoritative source from which all the approaches to the Sunnah will be measured.   The Qur’an had been codified and established in book form during the time Khalif ʿUthmaan.   Now it was time to do the same with authentic hadiths.  And so arm with the Qur’an and the Hadiiths as authoritative textual sources, Imaam Shaafiʿii established an impeccable method for deducing the Sunnah which left little room for corrupt innovations to creep into the Diin.  

Another thing that resulted from Imaam Shafiʿii’s methodology for deriving the Sunnah was the need to have trustworthy textual evidence.  This in turn led to establishment of the science of Ḥadith and the great collections of hadith; and as we review the biographies of many of the well known Ḥadith collectors, we find that many of them were followers of the Shafiʿii Madh-hab.  

The last of the four recognized Sunni Madh-habs is the Hanbalii Madh-hab which was established around the methodology and teachings of Imaam Ahmad ibn Hanbal by his students and followers. It is even questioned by some whether or that this methodology can genuinely be called a madh-hab.  Case in point, the other three madh-habs were used for the purpose of governance whereas the methodology of Imaam Hanbal was established for collecting hadith.  Imaam Hanbal is seen more in the light of being a man of Ḥadith rather than a faqiih.   His methodology is base on investigating and deriving sources rather than deriving the law itself.  

This does not mean that Imaam Ahmad did not have the capacity to be a faqiih and that he himself did not give fataawa.  He had that capacity and beyond according to what has been transmitted about him.  What is being discussed here is his area of concentration which was compilation and authentication of hadiths and clarification of their context and meaning.  

In the end, when we discuss the differences between the Madh-habs, we should not discuss them as competitive differences, but rather their differences should be seen the light of methodological differences that evolve out each of the Imaam’s need to fulfill a task or service towards the preservation or the advancement of the Sunnah. Any competitive differences that evolve are as result of ignorant students and adherents to each of the Madh-habs.

Chapter 6 What Has Been Related As To Why ʿAmal is Chosen As a Higher Proof of the Sunnah Than the Ḥadith   

In his book ‘Tartiibu-l-Mudaarik’ Qaadi ʿIyaad has devoted a chapter to what has been transmitted concerning the matter of the ʿAmal being a proof of the Sunnah even if it contradicts hadith.  The title of the chapter which we have quoted below and translated in full is: 

The Chapter About What Has Come from the Salaf and the ʿUlamaa About the Necessity for Returning to the ʿAmal of the People Madinah and Its Being a Proof with Them Even If It Differs with Al-Athaar (the related Sound Hadith). 

[ Tartiibu-l-Mudaarik  by al-Qaadi ʿIyaad (Wuzaaratu-l-Awqaaf  Government of Morocco Edition – Ribat) pgs. 44-46 ]

 

It reads as follows:

روى أن عمر بن الخطاب رضي الله تعلى عنه قال على المنبر احرّج بالله عز و جلّ على رجل روى حديثـًا العمل على خلافه

It has been related that ʿUmar (may Allah be pleased with him) said from the mimbar, “I forbid by Allah Exalted and Mighty is He, any man to relate a Ḥadith with which the ʿAmal differs.

قال ابن القاسم و ابن وهب رأيت العمل عند مالك اقوى من الحديث     

Ibn Al-Qaasim and Ibn Wahb said: “I saw that the ʿAmal with Maalik  was stronger than the hadith.”

قال مالك  وقد كان رجال من أهل علم من التابعين يحدثّون بالاحاديث و تبلُغهم عن غيرهم فيقولون ما نجهل هذا و لكن مضى غيره 

Maalik  said, “There were people among the men of knowledge from among the Tabi’uun who narrate hadiths and hear other hadiths  and so they say, ‘We are not ignorant of this, but the ʿAmal that has come down to us is different.’ ”

قال مالك رأيت محمد ابن أبي بكر بن عمرو بن حزم و كان قاضيا و أخوه عبد الله كثير الحديث رجل صدق فسمعت عبد الله إذا قضى مجمد بالقاضية قد جاء فيها الحديث مخالفا للقضاء يعاتِبُه يقول له ألم يأت في هذا حديث كذا ؟ فيقول له بلى فيقول له أخوه فما لك لا تقضي به فيقول فأين الناس عنه ؟ يعني ما اجمع عليه من العمل بالمدينة يريد أن العمل به اقوى من الحديث    

Maalik  said I saw Muhammad bin Abi Bakr ʿAmr bin Hazm who was a judge and his brother who knew many Ḥadith and who was a man of truth.  I heard ʿAbdullah when Muhammad gave a judgment in the case, mention the Ḥadith which was at variance with the judgment while reproaching him saying to him, “Did this not come in such and such hadith?”  He (Muhammad) said, “Certainly!”  Then his brother (ʿAbdullah) said to him, “Why didn’t you take it into account when you passed judgment?”  Muhammad then said, Where are the people (that is to say: What is the opinion of the people of knowledge) in regards to the matter?”  What he meant is that the practice in Madinah did not agree with it.  He (also) meant by this that the ʿAmal was stronger.”

قال ابن المعذَّل سمعت إنسانًا سأل ابن الماجشون لِمَ رويتم الحديث ثم تركتموه ؟ قال ليعلم أنّا على علم تركناه

Ibn Al-Muʿadh-dhal said, “I heard a man ask Ibn Al-Maajishuun, ‘Why do all of you transmit the Ḥadith and then leave it (that is to say, not act by it)?’  He (Ibn Al-Maajishuun) said, ‘So that it is known that we were fully aware of it while we did not act by it .’ ”

قال ابن مهدي السنّة المتقدّمة من سنة أهل المدينة خير من الحديث و قال أيضًا إنّه ليكون عندي في الباب الاحاديث الكثيرة فأجد أهل العرصة على خلافه فيضعف عندي أو نحوَه

Ibn Mahdi said, “The well established Sunnah from the Sunnah of the people of Madinah is better than hadith.”  He also said, “I have many hadiths on the subject yet I have found Ahlu-l-ʿArsah (the people who teach in the masjid) at variance with them and so they (those hadith) are weak to me or close to that condition.

قال ربيعة ألف عن ألف أُحبّ إلى من واحد عن واحد لان واحد عن واحد ينتزع السنة من ايديكم

Rabiiʿah said one thousand from one thousand is preferable to one from one because one from one would snatch the Sunnah right out of your hands.

 

قال ابن أبي حازم كان أبو الدرداء يسأل فيجيب فقال له إنّه بلغنا كذا و كذا بخلاف ما قال فيقول و أنا قد سمعته و لكنه ادركت العمل على غير ذلك

Ibn Abii Haazim said, “Abud-Dardaa’ would be questioned and he would answer the questions.  He (the questioner) said to him, ‘Such and such has reached us’ contrary to what he (Abud-Dardaa’) had said, he would say, ‘And I have heard it (also) but I know that the ʿAmal is different.’”

قال ابن أبي الزناد كان عمر بن عبد العزيز يجمع الفقهاء و يسألهم عن السنن و الاقضية التي يعمل بها فيشبتها و ما كان منها لا يعلم به الناس القاه و ان كان مخرجه من ثقة

Ibn Abii-z-Zinaad said, “ʿUmar bin ʿAbdi-l-ʿAziiz use to gather the ʿUlamaa’ and ask them about the Sunnahs and legal judgements.   Those which were acted upon he would affirm and those which the people did not act upon he would discarded even when they came from a trustworthy source.” 

قال مالك انصرف رسول الله صلّى الله عليه و سلم من غزوة كذا في نحو كذا و كذا ألفًا من الصحابة مات بالمدينة منهم نحو عشرة آلاف و باقيهم تفرق في البلدان فأيّهما احرى أن يتّبع و يؤخذ بقولهم من مات عندهم النبي صلّى الله عليه و سلّم و اصحابُه الذين ذكرت أو من مات عندهم واحد أو اثنان من اصحاب النبي صلّى الله عليه و سلّم ؟

Maalik , “The Messenger of Allahصلى الله عليه وسلمreturned from such and such a ghazwah with so many thousand of the Sahaabah – ten thousand of whom died in Madinah while the remainder became 

dispersed (through out other) countries.  So which of them is more worthy of being followed and which of them is more worthy of being accepted in what they have said, those among whom the Prophet صلى الله عليه وسلم  and his Companions died whom I (meaning Maalik) have mentioned or those among whom (only) one or two of the Companions of the Prophet  صلى الله عليه وسلم died?”

قال عبيد الله عبد الكريم الرازي قُبِضَ رسول الله صلّى الله عليه و سلّم عن عشرين ألف عين تطرِف

ʿUbaydallah ʿAbdul Kariim ar-Raazii said, “The messenger of Allah صلى الله عليه وسلم died and twenty thousand eyes were weeping eyes.”     

Chapter 7 The Rank of Maalik Among the Muhadith-thuun; The Muwatta of Imaam Maalik and What is Known About It and What Has Been said about Maalik Concerning It

The Muwatta is the earliest written source book of Salafii behavior and its best indicator.  It is not a book of analogy or legal theory, but rather it is a book of behavior and action.  Imaam Maalik saw the ʿAmal of Madinah as the foremost behavior for the Muslim ummah.  This is why he found it necessary it to codify this behavior in the Muwatta.  

The Muwatta of Imaam Maalik  can be defined as both a book of hadiths and a book of ʿAmal – the ʿAmal of Madinah.  In the Muwatta 1,720 hadiths can be found.  Out of this number, 600 hadiths are musnad that is to say traceable directly back to the Prophet صلى الله عليه وسلم without interruption.   222 of the hadiths found in the Muwatta are al-mawquf – those ending with the Prophet’s Companion’s and 285 of the hadiths are sayings of the Tabi’uun – the successors of the Companions.  Thus, out of the 1,720 hadiths found in the Muwatta, 822 Ḥadith come from the Prophet صلى الله عليه وسلم  while 898 are derived from others. 

The ‘Amal found in the Muwatta is based on the fundamental principles laid down by the Prophet صلى الله عليه وسلم, as well as authoritative pronouncements of the Khalaafah Rashiiduun and other companions charged with that responsibility, legal opinions and juristic statements of the fuquhaa, verdicts passed down by the Qaadis, and decisions of the past people of authority from the city of Madinah and those who were its current scholars.

In his book Sihhatu Usuuli Ahli-l-Madinah Ibn Taymiyyah has devoted a whole section to the rank of Imaam Maalik  among the muhadith-thuun as well as the position of the Muwatta as a source of the Ḥadith and Sunnah it is quoted in full as follows:

إذا تبين ذلك فلا ريب عند أحد أنّ مالك رضي الله عن اقوم الناس بمذهب أهل المدينة رواية و رأيا فإنه لم يكن في عصره و لا بعده اقوم بذلك منه كان له من المكانة عند أهل 

الاسلام الخاص منهم والعام ما لايخفي على من له بالعلم أدنى المام و قد جمع الحافظ

 أبو بكر الخطيب اخبار الرواة عن مالك فبلغوا ألفا و سبعمائة أو نحوها و هؤلاء الذين اتصل إلى الخطيب حديثهم بعد قريب من ثلاثمائة سنة فكيف بمن انقطعت اخبارهم أو لمم يتصل إليه خبرهم فإن الخطيب توفي سنة اثنتين و ستين و اربعمائة عصره عصر ابن عبد البر و البيهقي و القاضي أبي يعلى و امثال هؤلاء واحد و مالك توفي سنة تسع و سبعين و مائة أبو حنيفة سنة خمسين و مائة و توفي الشافعي سنة اربع و مائتين و توفي أحمد بن حنبل أحدى و اربعين و مائتين         

“It is absolutely clear and no one has any doubt that Maalik  was the strongest of the people of the madh-hab of the people of Madinah in respect of both transmission and opinion.  There was no one in his time nor after him who was stronger in those things than him.  Among the people of Islam, both the elite and the common, he has a position which is not hidden from anyone who has the least inspiration of knowledge.  Abu Bakr al-Khatiib has compiled the reports of the transmitters about Maalik  and they reached about 1700.  They are only those whose hadiths reached al-Khatiib after about 300 years, so how about those whose reports were cut off or whose reports did not reach him?  Al-Khatiib died in 462 and he was contemporary with Ibn ‘ʿAbdu-l-Barr, al-Bayhaqii, Qaadi Abu Ya’laa and others like that, while Maalik   in 179 and Abu Haniifah  died in 150 and Ash-Shaafiʿii  died in 204 and Ahmad Ibn Hanbal  died in 241.

و لهذا قال الشافعي  ما تحت أديم السماء كتاب اكثر صوابا بعد كتاب الله من موطأ مالك و هو كما قال الشافعي  و هذا لا يعارض ما عليه أئمة الاسلام من أنه ليس بعد القرآن كتاب اصح من صحيح البخاري و مسلم مع الائمة على أن البخاري أن اصح من مسلم و من رجح مسلما فإنه رجحه بجمعه الفاط الحديث في مكان واحد فإن ذلك ايسر على من يريد جمع الفاظ الحديث و أما من زعم أن الاحاديث التي انفرد بها مسلم أو الرجال الذين انفرد بهم اصح من الاحاديث التي انفرد بها البخاري و من الرجال الذين انفرد بهم فهذا غلط لايشك فيه عالم كما لا يشك أحد ان البخاري اعلم من مسلم بالحديث و العلل و التاريخ و إنه افقه منه إذ البخاري و أبو داوود  أفقه أهل الصحيح و السنن المشهورة و إن كان قد يتفق لبعض ما انفرد به مسلم أن يرجح على بعض ما انفرد به البخاري فهذا قليل و الغالب بخلاف ذلك فإن الذي اتفق عليه أهل العلم أنه ليس بعد القرآن كتاب اصح من كناب البخاري و المسلم         

And for this reason, Ash-Shaafiʿii  said:  ‘There is no book under the surface of heaven more correct after the Book of Allah than the Muwatta’ of Maalik’, and it is just as Ash-Shaafiʿii  said.  This is not in contradiction to what the Imaams of Islam said about there not being after the Qur’an any book sounder than Sahiihi-l-Bukhaarii and Muslim.  According to the Imaams al-Bukhaarii is sounder than Muslim.  Whoever prefers Muslim, prefers him because he place all the versions of each of the Ḥadith together in one place.  That is easier for someone who wants to collect all the versions of the hadith.  As for people who claim that the hadiths which are found in Muslim solely, or the men (from whom he took hadith) solely are sounder than the hadiths which are found solely in al-Bukhaarii or the men (whom he took hadith) solely, this is an error about which no scholar has any doubt, just as no one has any doubts that al-Bukhaarii had more knowledge than Muslim about the hadiths and the defects and the history (of them), and that he knew more fiqh than him.  Al-Bukhaarii and Abu Dawud knew the most fiqh of all of the people of the Sahiihs and famous Sunan.  If it does occur that something found in Muslim exclusively  is preferred to something found in al-Bukhaarii exclusively, this is rare. The majority of cases is contrary to that.  That upon which the people of knowledge agree is that after the Qur’an there is no book sounder than the book of al-Bukhaarii and (the book of) Muslim.”

انما كان هذان الكتابان كذلك لأنه جرد فيهما الحديث الصحيح المسند و لم يكن القصد بتصنيفهما ذكر آثار الصحابة و التابعين و لا سائر الحديث من الحسن و المرسل و شبه ذلك و لا ريب أن ما جرد فيه الحديث الصحيح المسند عن الرسول الله صلى عليه و سلّم فهو اصح الكتاب لأنه أصح منقولاً عن المعصوم من الكتب المصنفة  

These two books are looked upon in that manner because the hadiths of sound isnad have been compiled in both of them.  The intent in compiling these two (books) was not to mention the traditions of the Companions and the Tabiʿuun nor even all of the hadiths which are good and the mursal hadiths and what is similar to that.  There is no doubt that what has been compiled in it (the Sahiih) are the Ḥadith of sound  isnad from the Messenger of Allah صلى الله عليه وسلم. And so it is the soundest book because it is the soundest transmission from among the impeccable books which have been written.

و أما الموطأ و نحوه فإنه صنف على طريقة العلماء المصنفين إذ ذاك فإن الناس على عهد رسول الله صلى علىه و سلم كانوا يكتبون القرآن و كان النبي صلى الله عليه وسلم قد نهاهم أن يكتبوا عنه غير القرآن و قال من كتب عني شيئا غير القرآن فليمحه ثم نسخ ذلك عند جمهور العلماء حيث أذن في الكتابة لعبد الله بن عمرو و قال اكتبوا لأبي شاه و كتب لعمر بن حزم كتابا قالوا و كان النهي أولاً خوفًا من اشتباه القرآن بغيره ثم أذن لما أمن ذلك فكان الناس يكتبون من حديث رسول الله ما يكتبون و كتبوا أيضا غيره 

As for the Muwatta’ and books like it, they were written in the manner of the scholars who wrote at that time.  The people in the time of the Messenger of Allah صلى الله عليه وسلم, people used to write down the Qur’an. The Prophet صلى الله عليه وسلم had forbidden them to write down anything other than the Qur’an from him.  He صلى الله عليه وسلم said, ‘Anyone who has written down anything except the Qur’an should destroy it.’  Then he صلى الله عليه وسلم abrogated that according to the majority of the ʿulamaa’ wherein he صلى الله عليه وسلم gave permission for writing to ʿAbdullaah Ibn ʿAmr.  He صلى الله عليه وسلم said to Abi  Shah اُكْتُبُواْ ‘write (meaning all of you).’  He wrote a document for ʿAmr ibn Hazm.  They (The ʿulamaa’) said that the original prohibition was for fear of making the Qur’an like something else. Then he صلى الله عليه وسلم gave permission when that matter was secure.  Then the people used to write from what they wrote of the hadiths of the Messenger of Allah صلى الله عليه وسلم, and they also wrote down other things.

و لم يكونوا يصنفون ذلك في كتب مصنفة إلى زمن تابع التابعين فصنف العلم فأول من صنف ابن جريح شىئًا في التفسير و شيئًا في الاموات و صنف سعيد ابن أبي عروبة و حماد بن سلمة و معمر و امثال هؤلاء يصنفون ما في الباب عن النبي صلى عليه و سلّم و الصحابة و التابعين و هذه هي كانت كتب الفقه و العلم و الأصول و الفروع بعد القرآن فصنف مالك الموطأ على هذه الطريقة و صنف بعد عبد الله بن المبارك و عبد الله و بن وهب و وكيع بن الجراح و عبد الرحمان بن مهدي و عبدالرزاق و سعيد بن منصور و غير هؤلاء فهذه الكتب التي كانوا يعدونها في ذلك الزمان هي التي اشار إليها الشافعي  فقال ليس بعد القرآن كتاب اكثر صوابا من موطأ مالك فإن حديثه اصح من حديث نظرائه

They did not write that (hadiths etc.) in books which were written until the time of the Tabiʿu-t-Tabiʿiin.  Then knowledge became written. Ibn Jurayh was the first to write something about tafsiir and something about death.  Saʿiid ibn Abii ʿUruubah, Hammaad 

ibn Salamah, Maʿmar and men like these wrote what is found concerning the subject of the Prophet صلى الله عليه وسلم, the Companions and the Tabiʿuun.  These are the books of الفقه (Islamic Law), العلم (knowledge), الأصول (roots) and الفروع (branches) of the Diin after the Qur’an.  Maalik  wrote the Muwatta’ in this manner.  He wrote after ʿAbdullaah ibn al-Mubaarak, ʿAbdullaah ibn Wahb, Wukay’ ibn al-Jarrah, ʿAbdu-r-Rahmaan ibn Mahdi, ʿAbdu-r-Razzaaq, Said ibn Mansuur and others.  These books which were being considered in that time were those which Ash-Shaafiʿii   indicated when he said, ‘There is no book after the Qur’an more correct than the Muwatta’ of Maalik.  His hadiths are sounder that the hadiths of those men who were of an equal rank in knowledge.’ 

كذلك إمام أحمد لما سئل عن حديث مالك و رأيه و حديث غيره و رأيهم رجح حديث مالك و ررأيه على حديث أولئك و رأيهم و هذا يصدق الحديث الذي رواه الترمذي و غيره عن النبي صلى الله عليه وسلم أنه قال يوشك أن يضرب الناس اكباد الإبل في طلب العلم فلا يجدون عالماً اعلم من عالم المدينة فقد روى عن غير واحد كابن جريح و ابن عيينة و غيرهما إنهم قالوا هو مالك 

It was like that when Imaam Ahmad was asked about the Ḥadith and opinion of Maalik  and the Ḥadith and opinion of others.  He preferred the Ḥadith and opinion of Maalik  over the Ḥadith and opinion of those people.  This confirms the Ḥadith which at-Tirmidhii and others related from the Prophet صلى الله عليه وسلم: “A time is quickly approaching when the people will beat the livers of their camels (that is to say drive their camels) in search of knowledge and they will not find an ʿaalim (scholar) more knowledgeable than the ʿaalim of Madinah.”  It has been related  by more than one transmitter like Ibn Jurayh, Ibn ʿUyayna and others all of whom said that it is Maalik.

الذين نازعوا في هذا لهم مأخذان أحدهما الطعن في الحديث فزعم بعضهم أن فيه انقطاعا و الثاني انه اراد غير مالك كالعمرى الزاهد و نحوه فيقال ما دل عليه الحديث و إنه مالك أمر متقرر لمن كان موجودًا و بالتواتر لمن كان غائبًا فإنه لا ريب أنه لم يكن في عصر مالك أحد ضرب إليه الناس اكباد الإبل اكثر من مالك و هذا يقرر بوجهين أحدهما يطلب تقديمه على مثل الثوري و الأوزاعي و الليث و أبي حنيفة و هذا في نزاع و لا حاجة إليه في هذا المقام والثاني أن يقال إن مالكا تأخر موته عن هؤلاء كلهم فإنه توفي سنة تسع و سبعين و مائة و هؤلاء كلهم ماتوا قبل ذلك فمعلوم أنه بعد موت هؤلاء لم يكن في الأمة اعلم من مالك في ذلك العصر و هذا لا ينازع فيه أحد من المسلمين و لا رحل إلى مالك لا قبله و لا بعده رحل إلىه من المشرق والمعرب و رحل إليه الناس على اختلاف طبقاتهم من العلماء و الزهاد و الملوك و العامة و ان انتشرًا موطأ في الأرض حتى لا يعرف ذلك العصر كتاب بعد القرآن كان اكثر انتشارًا من الموطأ   

Those who challenge this view have two approaches to the (hadith).  One is to dispute the Ḥadith with some of them alleging that there is an interruption in them (that is to say they are not complete), while others maintain that it is someone other than Maalik  who is meant like al-ʿUmarii az-Zaahid and people like him.  It is said that what the Ḥadith demonstrates is the fact that it is Maalik  (who is meant) which is a confirmed matter for all who were present then, and by multiple transmission (tawatir) for all who were not there.  There is no doubt that there was no one in the time of Maalik  to whom people drove their camels more than Maalik.  This is confirmed in two ways.  The first way is by establishing his precedence over people like ath-Thawrii, al-Awzaa’ii, al-Layth, and Abu Haniifah .  While there is dispute about this, there is no need to raise it at this point.  The second confirmation is that it is said that Maalik  died after all them (those who are mentioned above).  He died in 179 and all of them died before that.  So it is known that after the death of those men. 

There was no one in the community with more knowledge than Maalik  at that time.  None of the Muslims disputes this.  No one travelled to any ʿulamaa’ of Madinah as the amount of people who travelled to Maalik ,not before him or after him.  

They travelled to him from the east and from the west, and people of different levels travelled to him.  They were from among the scholars, the ascetics,  the kings and the common people.  His Muwatta’ spread throughout the land until there was no book known at that time after the Qur’an to have a greater dissemination than the Muwatta’.

أخد الموطأ عنه أهل الحجاز و الشام و العراق و اصغر من أخذ عنه الشافعي و محمد بن الحسن و امثالهما و كان محمد بن الحسن إذا حدث بالعراق عن مالك و الحجاز بين تمتلئ داره و إذا و إذا حدث عن أهل العراق يقل الناس لعلمهم بأن علم مالك و أهل المدينة اصح و اثبت

The people of the Hijaaz, Syria and Iraaq took the Muwatta’ from him.  The youngest of those who took it from him were Ash-Shaafiʿii , Muhammad ibn al-Hasan and those who were similar to them.  When Muhammad ibn al-Hasan used to related something from Maalik  in Iraaq and the Hijaaz, his house was full, but when he related from the people of Iraaq few people came since they knew that the knowledge of Maalik  and the people of Madinah was sounder and firmer.

و أجل من أخذ الشافعي العلم إثنان مالك وابن عيينة و معلوم عند كل أحد أن مالكًا أجل من ابن عيينة حتى أنه كان يقول إني و مالكا كما قال القائل و ابن اللبون إذا ما لز في قرن لم يستطع صولة البزل القناعيس  

The two people from whom Ash-Shaafiʿii  took the major portion of his knowledge were Maalik  and Ibn ʿUyayna.  It is known by everyone that Maalik  was greater (in knowledge) than Ibn ʿUyayna so that he (ash-Shaafi’ii) used to say, “Maalik  and I are as the sayer aid:

‘The short horned suckling cannot attack and puncture the (more powerful) nine year old.’ ”

و من زعم أن الذي ضربت إليه اكباد الإبل في طلب العلم هو العمري الزاهد مع كونه كان رجلا صالحا زاهدا  آمرا بالمعروبف ناهيًا عن المنكر لم يعرف أن الناس احتاجو ا إلى شيء من علمه  و لا رحلوا إليه فيه و كان أذا اراد أمرًا يستشير مالكًا و يستفتيه كما 

نقل إنه استشاره لما كتب إليه من العراق أن يتولى الخلافة فقال حتى اشاور مالكا فلما 

استشار اشار عليه أن لا يدخل في ذلك و أخبره أن هذا لا يتركه ولد العباس حتى تراق فيه دماء كثيرة و ذكره له ما ذكره عمر بن عبد العزيز لما قبل له ولّ القاسم بن محمدا إن بني أمية لا يدعون هدا الأمر حتى تراق فيه دماء كثيرة

As for those who claim that the one to whom the camels livers were beaten in search of knowledge was al-ʿUmarii az-Zaahid – though he was an ascetic righteous man who commanded the right and forbade the wrong – it is not known that people were in need of any of his knowledge or travelled to him for it.  When he himself wanted to know something he would consult Maalik  and ask for his fatwaa concerning it, like what has been transmitted in that he (al-ʿUmari) consulted him (Maalik) when he wrote to him from Iraaq about them assuming the khalifate there.  He said, “Not until I consult Maalik .”  When he consulted him, he (Maalik) advised him that he (al-ʿUmari) should not involve himself in the matter and informed him that the descendants of al-ʿAbbas would not give it up without a lot of blood being spilled over it.  He mentioned to him what ʿUmar ibn ʿAbdu’l-ʿAziz had mentioned when he was told, ‘Appoint al-Qaasim ibn Muhammad.’  He said, ‘The Banu ʿUmayyah will not give up this command until a lot of blood is spilled over it.’

و هذه علوم التفسير و الحديث و الفتيا و غيرها من العلوم لم يعلم أن الناس اخذوا عن العمري الزاهد منها ما يدكر فكيف يقرن هذا بمالك في العلم و رحلة الناس إليه

As for the knowledge of tafsiir and Ḥadith and fatwaas, and other kinds of knowledge, it is not known that people took any of fore-mentioned (kinds of knowledge) from al-ʿUmari az-Zaahid, so how can he be compared to Maalik  with respect to knowledge and the people travelling to him for it?

ثم هذه كتب الصحيح التي أجل ما فبها كتاب البخاري أول ما يستفتح الباب بحديث مالك 

و إن كان في الباب شيء من حديث مالك لا يقدم على حديث غيره و نحن نعلم أن الناس ضربوا اكباد الأبل في طلب العلم فلم يجدوا عالما اعلم من مالك في وقته

Then even in the books of Sahiih collections of which the book of al-Bukhaarii is the most important, the first Ḥadith with which he begins the chapter is the Ḥadith of Maalik , and if there is any Ḥadith of Maalik   on the subject, he does not put other Ḥadith ahead of it.  We know that people beat the livers of their camels to search for knowledge and did not find any man of knowledge with more knowledge than Maalik  in his time.

و الناس كلهم مع مالك و أهل المدينة إما موافق و إما منازع فالموافق لهم عضد و نصير و المنازع لهم معظم لهم مبجّل لهم عارف بمقدارهم و ما تجد من يستخفّ باقوالهم و مذاهبهم إلاّ من ليس معدودًامن أئمة العلم و ذلك لعلمهم أن مالكا هو قائم بمذهب أهل المدينة و هو اظهر عند الخاصة و العامة من رجحان مذهب أهل المدينة على شائر الامصار.      

As for all of the other people with respect to Maalik and the people of Madinah, either they agreed with them or disagreed with them.   Whoever agreed with them was a helper and a supporter, and whoever disagreed with them still respected them and regarded them with high esteem while acknowledging their worth.  You will not find anyone who disrespects or gives little value to their words and their madhaahib except for someone who is not counted among the leaders of knowledge.  That is because they know that Maalik  is the chief proponent of the madh-hab of the people of Madinah.  The superiority in importance and influence of the madh-hab of the people of Madinah over the rest of cities is clear.  

فإن موطأه مشحون إما بحديث أهل المدينة و إما بما اجتمع عليه أهل المدينة إما قديمًا و إما حديثًا و إما مسألة تنازع فيها أهل المدينة و غيرهم و يختار فيها قولاً و يقول هدا احسن ما سمعت فأما بآثار معروفة عند علماء المدينة 

His Muwatta is filled either with the Ḥadith of the people of Madinah or with that which the people of Madinah agreed upon both old or new.  As for those matters about which the people of Madinah and others differed, he had a favorite statement concerning them.  He would say, “This is the best of what I have heard,” and so it was by traditions well-known to the ʿulamaa’ of Madinah.

و لسنا ننكر أن من الناس من انكر على مالك مخالفته أولا لاحديثهم في بعض المسائل كما يذكر عن عبد العزبز الدراوردي إنه قال له في مسألة تقدير المهر بنصاب السرقة تعرقة يا أبا عبد الله أي صرت فيها إلى قول أهل العرلق الذين يقدرون اقل المهر يناصب السرقة لكن النصاب عند أبي حنيفة و اصحابه عشرة دراهم و أما مالك و الشافعي و أحمد فالنصاب عندهم ثلاثة دراهم أو ربع دينار كما جاءت بذلك الاحاديث الصحاح

We do not deny that among the people who contend with Maalik ,  differing with him first, about some questions like the ones which are mentioned that came from ʿAbdu-l-ʿAziiz ad-Daraawardii.  He said to him regarding the question of the amount of the bride-price being determined by the minimum for theft, ‘You already know, Oh Abu ʿAbdullaah!.’  That is to say, you have already taken the position of the people of Iraaq who have determined that the minimum of the bride-price as the minimum amount of theft, but the minimum with Abu Haniifah  and his companions is ten dirhams, and with Maalik , Ash-Shaafiʿii , and Ibn Hanbal , the minimum is three dirhams or a quarter of a dinaar, as has come in sound hadiths.

فيقال أولا إن مثل هذه الحكاية تدل علي ضعف اقاويل أهل العراق عند أهل المدينة و إنهم كانوا يكرهون الرجل أن يوافقهم و هذا مشهور عندهم يعيبون الرجل بذلك كما قال إبن عمر لما استفتاه عن دم البعوض و كما قال ابن المسيب لربيعة لما سأله عقل اصابع المرأة  

It is said first of all that stories like these show the weakness of the positions of the people of Iraaq in the view of the people of Madinah, and that they used to dislike the man that agreed with them [the Iraaqis].  This is famous among them – that they would censure a man for that, like what Ibn ʿUmar said when he was asked to give a fatwaa concerning the blood of gnats and like what Ibn-al-Musayyab’s said to Rabiiʿah when he asked him about the blood money for a woman’s fingers.

و أما الثاني فمثل هذا في قول مالك قليل جدًا و ما من عالم إلاّ و له ما يرد عليه و ما احس ما قال إبن خويزمنداد في مسألة بيع كنب الرأي و الإجارة عليها لا فرق عندنا بين رأى صاحبنا مالك و غيره في هدا الحكم لكنه اقل خطأ من غيره  

Secondly something like this in the speech of Maalik is very rare.  There is no scholar who does not have something which can be refuted.  How excellent is what Ibn Khuwayzmindad said about the question of selling books of opinion and taking a payment for 

it.  ‘We believe that there is no difference between the opinion of our companion Maalik  and others in this principle, but he was less subject to error than other people.’

و أما الحديث فاكثره نجد مالكا قد قال به في إحدى الروايتين و إنما تركه طائفة من اصحابه كمسألة رفع اليدين عند الركوع و الرفع منه و أهل المدينة رووا عن مالك الرفع موافقا للحديث الصحيح الذي رواه لكن إبن القاسم و نحوه من البصريين هم الذين قالوا برواية الأولى و معلوم أن مدونة أبن القاسم أصلها مسائل أسد بن الفرات التي فرعها أهل العراق ثم سأله عنها أسد ابن القاسم فاجابه بالنقل عن مالك و تارة بالقياس على قوله ثم أصلها في رواية سحنون فلهذا يقع في كلام ابن القاسم طائفة من الميل إلي اقوال أهل العراق و أن لم يكن ذلك من أصول أهل المدينة  

As for the hadith, the majority which we find from Maalik  have been reported by him through one of two transmissions, even though some of it was abandoned by his companions, like    the question of lifting the hands going into rukuu’ and when rising up from it.  The people of Madinah related from Maalik  that the raising of them  is in accordance with the sound Ḥadith which he related, but Ibn al-Qaasim and other Basrans reported the former transmission.  It is known that the main reason for the writing of the Mudawwana of Ibn al-Qaasim was the questions of Asad ibn al-Furaat which he received from the People of Iraaq.  Then Asad asked Ibn al-Qaasim about them and he replied to him either with a direct transmission from Maalik  or sometimes with his own words.  Then the source of its transmission was Sahnuun.  This is why the words of Ibn al-Qaasim contain an inclination towards the words of the people of Iraaq, even if that is not from the fundamental principles of the people of Madinah.”

Chapter 8 What Has Been Said About The Position of the Hands in the Prayer According Maalik and the ʿAmal of Madinah

The placement of the hands in salaah is another example of an action by ʿAmal verses an action by hadith.  In the Muwatta, Imaam Maalik  has recorded two hadiths in the ‘Book of Prayer’ the section on:  وضع اليدين إحداهما على الأخرى في الصلاة (The Placing of the Two Hands One Over the Other in Salaah).   They are quoted as follows:

 (حَدَّثَنِي يَحْيَ عَنْ مَالِكٍ) عَنْ عَبْدِالْكَرِيمِ بْنِ أَبِي الْمُخَارِقِ الْبَصْرِي أَنَّهُ قَالَ مِنْ كَلاَمِ النُّبُوَّةِ إِذَا لَمْ تَسْتَحِ فَافْعَلْ مَا شِئْتَ وَ وَضْعُ الْيَدَيْنِ إِحْدَاهُمَا عَلَى الأُخْرَى فِي الصَّلاَةِ يَضْعُ الْيُمْنَى عَلَى الْيُسْرَى وَ تَعْجِيلُ الْفِطْرِ وَ الاسْتِيناءُ بِالسُّحُورِ

Yahya reported from Maalik  from ʿAbdu-l-Kariim bin Abii al-Mukhaariq al-Basrii  that he said from the words of the Prophet صلى الله عليه وسلم “If you do not feel shy, then do what you like.   The placing of the hands one over the other in salaah is the placing of the right over the left.  You should hurry to break the fast and delay the suhuur (the meal before the fast).”

(حَددَّثَني يَحْيَ عَنْ مَالك عَنْ أَبِي حَازِم بِنْ دِينَارٍ) عَنْ سَهْلِ بِنْ سَعْدٍ أَنَّهُ قَالَ كَانَ النَّاسُ يُؤْمَرُونَ أَنْ يَضْعَ الرَّجُلُ الْيَدَ الْيُمْنَى عَلَى ذِرَاعِهِ الْيُسْرَي فِي الصَّلاَةِ قَالَ أَبُو حَازِمٍ لاَ اَعْلَمُ إلاَّ أَنَّهُ يَنْمِي ذَلِكَ 

Yahya reported from Maalik from Abu Haazim bin Diinaar from Sahl bin Saʿiid that he said, “The people were ordered that the man should place the right arm over his left in salaah.  Abu Haazim said, “I only know that he traces that back.” (That is to say, he ascribes to a Prophetic tradition)

Although these Ḥadith have been related in the Muwatta, it appears that they are in that category of Ḥadith that were considered sound in all of its aspects and it was even recorded in the Muwatta yet it were not acted upon because according to the Mudawwana Imaam Maalik  disapproved of placing the right hand over the left in Fard Salaah but permitted it in the Nafl salaah.  In the Mudawwana Imaam Maalik is quoted as saying: 

لا اعرف ذلك في الفريضة و لكن في النوافل إذا طال القيام فلا بأس بذلك يعين به على نفسه

“I do not know of this in the faraa’id (obligatory prayers) but in the nawaafil (voluntary prayers) it can be done if the standing has been long in order to make it easy for himself.” [ al-Mudawwanatu-l-Kubraa transmitted by Imaam Sahnuun bin Saiid at-Tanuukhii page 74 (Daaru-s-Saadir edition) Beirut, Lebanon]

In the same above Ḥadith which was transmitted by Sahnuun, he relates:

عن ابن وهب عن سفيان الثوري عن غير واحد من اصحاب رسول الله صلى الله علىه و سلم أنهم رأوا رسول الله صلى الله عليه وسلم وضعًا يده اليمنى على يده اليسرى في الصلاة

“From Ibn Wahb from Sufyaan ath-Thawrii  who received it from more than one of the companions of the Messenger Of Allah صلى الله عليه وسلم saw the Messenger of Allah صلى الله عليه وسلم place his right hand on his left in the salaah.”

In spite of this report, the two Ḥadith recorded in the Ḥadith and the fact that the majority of jurist consider the position of qabd (the placing the right hand over the  left in the prayer as a sunnah of the Prophet صلى الله عليه وسلم, it was consider makruuh by Maalik  what was preferable with him was the ʿAmal of praying with one’s hands in the position of sadl (hands hanging in a natural position to sides of the body).

Ibn Rushd explains in his book ‘Bidaayatu-l-Mujtahid’ the cause of the difference of opinion between Imaam Maalik  and the rest of the jurist.  He says:

و السبب في اختلافهم إنه قد جاءت آثار ثابتة نقلت فيها صفة صلاته عليه الصلاة و السلام و لم ينقل فيها أنه كان يضع يده اليمنى على اليسرى و ثبت أيضًا أن الناس كانوا يؤمرون بذلك و ورد ذلك أيضًا من صفة صلاته عليه الصلاة و السلام في حديث أبي حميد فرأى قوم أن الآثار التي اثبتت ذلك اقتضت زيادة على الآثار التي لم تنقل فيها هذه الزيادة و إن الزيادة يجب أن يصار إليها و رأى قوم أن الاوجب المصير إلى الآثار التي ليس فيها هذه الزيادة لأنها اكثر و لكون هذه ليست مناسبة لافعال الصلاة و أنما هي باب الاستعانة و لذلك اجازها مالك في النفل و لم يجزها في الفرض …   

“…The reason for their difference of opinion is that confirmed hadiths have been report in which the description of the Prophet’s  prayer  عليه الصلاة والسلم have been transmitted, however it has not been transmitted in them that he عليه الصلاة والسلم used to place his right hand over his left during the prayer while it has also been reported that the people were commanded to do that.  And it has also been mentioned in a hadith of Abuu Humayd concerning the description of the Prophet’s  prayer  عليه الصلاة والسلم .  

A group of jurists, therefore, held the view that the traditions in which this (qabḍ) is confirmed created the need for the addition of more details to those traditions in which this detail was not transmitted.  And when added, it then becomes a necessary part of it. 

Another group of jurist said that it is necessary to adopt the traditions in which this additional detail has not been transmitted because they are more numerous, and also because it (this practice of qabḍ) is not suitable for prayer because it belongs to the category of seeking support and so for that reason Maalik permitted it in the nafl prayer and not in the fard prayer…

Both az-Zurqaanii in his sharh on the Muwatta of Imaam Maalik and Khaliil bin Ishaaq in his ‘Mukhtasar’ have reconfirm Imaam Maalik’s position on the placement of the arms in salaat.   Az-Zurqaanii

reports:

و روى ابن القاسم عن مالك الارسال و صار إليه اكثر اصحابه و روى أيضًا عنه اباحته في النافلة لطول القيام و كرهه في الفربضة و نقل ابن الحاجب أن ذلك حيث تمسك معتمدا لقصد الراحة

“Ibn al-Qaasim has related from Maalik the transmission and many of his companions went to him and he also related from him the allowance of it (qabd) in the naafilah salaah because of standing in prayer for a long time while he disliked it in the fard salaah.”

Khaliil bin Ishaaq says in the Mukhtasar: 

و سدل يديه 

(“and he should let his hands hang” [that is to say, let them hang to his side”]) 

One final point on this matter. As mentioned above, the majority of Sunni ulamaa maintain that the placing of the hands in the position of qabd is the most correct position for them, yet among the majority of the Shiiʿah ulamaa you will find the opposite. They maintain that the position of the arms is sadl.  There is a view that this position of the Shiiʿah ʿulamaa is derived directly from the amal of the people Madinah because the dispute which arose between them and the Sunnis occurred at an early date in Islamic history and was based on issues of politics rather fiqh.  In other words the Shiiʿahs did not drop their arms to their sides as one of the signs of their opposition to the Sunnis.   And Allah is the Best Knower in this matter.

 

  

   

Published in: Uncategorized on February 4, 2020 at 14:57  Leave a Comment  
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