In the name of Allah, Most Gracious, Most Merciful. By Him we seek Assistance.

The following text was sent to me via e-mail from a brother who had studied primary level fiqh and tajweed in North Africa prior to moving to the United States; hence I cannot and do not claim it as my own, and unfortunately, I was not given the name of the author nor can I recall the identify of the sender, other than his Efnet IRC nick name, Sahnoon. The daleel was written by one of the fuqara’ in one of his teaching circles who had compiled the information in order to aid the insight of the people who were interested in the issue. This article was edited with the understanding that all of the various positions of our mujtahideen that have been supported and passed through the generations are valid, and each mujtahid is bound by their ijtihad unless they are presented with proof that they consider stronger than what they based their original ijtihad on, both the absolute and the limited among them. Our duty, as simple Muslims, is to take one of them as our tariqa to the Kitab wa Sunnah, to hear and obey. Imam Sufyan al-Thawri, the famous ‘Iraqi mujtahid said: "If you see a man doing something over which there is a debate among the scholars, and which you yourself believe to be forbidden, you should not forbid him from doing it." Adhering to this advice would greatly benefit this ummah, draw us away from the petty bickering that some of us do and get us back to the real issue at hand, the near complete domination of the Muslims at the hands of the kufar.

That being the case, it is not the intention of myself to in any way degrade or attempt to weaken the positions of our other Imams, but rather, it is merely my intention to show positively that sadl is the dominant, majority position of the Maliki madhhab; a point which is shown by what can be considered "strong" language as you will shortly see in the text.

The text I received was of an extremely low level of English, so I have taken careful liberties at upgrading the language in order that it may be read more smoothly and have in no way intentionally interpolated into the text. The notes that I have added were done for three reasons:

Firstly, being that much of the weight of evidence lies on the people who have transmitted it, I thought it necessary to, whenever possible, give a brief biographical note in order that people may come to know, even if superficially, who these people actually are, for as Imam Zuhri stated, "This knowledge is deen, so look well to whom you are taking your deen from."

Secondly, I felt it necessary, in some instances, to dispel certain myths and half-truths that are being passed around by certain groups of people who have practically waged war against the Maliki madhhab, focusing on this issue in particular, by attempting to project the image that the later Maliki scholars (some even have the audacity to accuse Malik’s students) were acting contrary to their Imam and placed him above the Sunnah of the Messenger of Allah sallallahu ‘alayhi wa salam.

And lastly, to avoid any interpolation.

I do not claim to be a scholar, nor a student of knowledge, and hence I ask the reader not to judge the strength of the madhhab by me, but instead judge it by the strength of the man from who it is primarily derived:

Imam al-Tirmidhi, al-Qadi ‘Iyad, Imam adh-Dhahabi and many others relation from Sufyan ibn ‘Uyana (in one transmission), ‘Abd al-Razzaq, Ibn Mahdi, Dhu’aya ibn Imama, Ibn al-Madani, Muhammad Idris ash-Shafi’i and many others, that "We used to consider it to mean Imam Malik." Imam as-Suyuti list it as one of the hujiyyat of the messengership of the Prophet sallallahu ‘alayhi wa salam.

There are many short texts in the ‘Arabic language that are circulated throughout North Africa that deal with this issue. If it were possible, I would rather rely on those text, but unfortunately, the vast majority of the text of the madhhahib have yet to be translated, instead, most people preferring to translate works of contemporary "scholars" who are in all respects inferior to our great Imams of the Salaf & Khalaf. But for now, until other works are translated and published, this will have to do.

The first appendix is an excerpt from an answer I received back in late 1998 from Hajj Gibril Haddad. The second appendix is my attempt to explain what was too exhaustive to be placed in the footnotes. I felt that since most people in the West are

ignorant of the science of fiqh, there were certain allusions to Maliki principles of jurisprudence that many people may not be aware of, or are contrary to what they have been taught, and hence, in order to somewhat enlighten the readers, I have attempted to explain them as briefly and best as I can, being that they are the principles of this proof to aid its proper understanding. As I said, I’m not an usuli scholar, so please don’t quote me. The third appendix is an excerpt of a fatwa that Shaykh Muhammad ‘Illiyish gave in reply to a question relating directly the issue. The fourth are my references which have over the years have helped aid my ability to be able to write my humble appendix.

I have titled it, "The Vindication of the People of the Maghrib" because sadl is one of the main issues for which the Malikis, who dominate the Maghrib, are attacked for today. The Messenger of Allah sallallahu ‘alayhi wa salam stated:

There will always be a part of my Community firm before the truth in the Maghrib until the order comes from Allah.

And the validity of sadl is one of those truths that the people of the Maghrib are firm in upholding, despite the criticism they may receive.

This was written while I was residing in Hampton, Virginia, but is in no way connected to the Masjid there, nor to Jamal Badawi, Ahmad Sakr, or Ahmad Noor, the three respective trustees of the masjid.

May Allah forgive me for the burden I have taken upon myself, as well as for my speech. May the peace and blessings of Allah be upon His Messenger, and the People of the House.

Lumumba K. Shakur

20 Muharram 1422

14 April 2001

Hampton,Virginia

The Masjid & Islamic Center of Hampton Roads

The Main Text
Irsal al-Yadayn - The Laying of the Hands

In sha Allah, I will be listing the reasoning that our Maliki scholars have given to support their opinion, that is, laying the arms straight in prayer (sadl).

Proof from Ahadith Regarding Hand Placement

1. Sadl (laying the hands straight in the prayer) is not an action, but rather, it is the natural position of the hands while standing. This is the asl (root, origin, source)

2. The scholars have differed on the matter of qabd (grasping: holding the left hand with the right). Ibn Rushd states in Bidayat al-Mujtahid (1:137)

As for the ahadith that Ibn Rushd is referring to, one of the most commonly cited is the hadith of Abu Humaid al-Sa’idi, which is as follows:

This version of the hadith is narrated by Imam Ahmad in his Musnad, al-Tirmidhi and Abu Dawud in their Sunan, while Imam al-Bukhari narrates a shorter version of it in his Sahih. When Abu Humaid finished his description of the prayer, they all stated, "You are truthful, this is the way he used to pray."

The statement of Abu Qattada that, "[A]nd didn’t being reciting until all of his limbs had rested in their natural position" is proof that the Prophet did not always place his right hand over his left, for this is not the natural position at which the limbs rest, rather, this is what is known as sadl. If the Prophet placed his right hand over his left in the prayer all the time, then (at least) one of the Sahabah would have objected to Abu Humaid’s failure to report that in his narration.

Furtherstill, and most importantly perhaps, amongst those Sahabah was Sahl ibn Sa’d, the narrator of the hadith: "The people were ordered (literally "used to be ordered") that a man place his right hand over his left arm in the prayer," as stated by Ibn Hajar in Fath al-Bari (2:334).

3. Ibn ‘Abd al-Barr narrated in his book, al-Tamheed that:

It is understood from this that placing the right hand over the left was not what Mujahid was accustomed to, proof that he did not witness the Sahabah doing it.

4. Ibn ‘Abd al-Barr also narrates in the same book (20:76):

From this, we notice that placing one hand over another in prayer was considered by him to be a munkar, because he changed it with his hand, which is only acceptable in relation to the munkarat. Furthermore, it is apparent from this athar that at the Masjid al-Haram, there were few people seen putting their hands over each other in the prayer, indicating that the custom was otherwise. And this was during the time of the Sahabah and Tabi’een.

5. Also narrated in al-Tamheed:

Sa’id ibn al-Musayyib was one of the biggest Tabi’een in Madina, and this was thus the practice of the people of Madina that Imam Malik witnessed.

6. Ibn Abu Shaybah narrated that al-Hasan al-Basri, Ibrahim al-Nakh’ai, Ibn al-Musayyib, Ibn Sirin, and Sa’id ibn Jubayr all laid their arms straight in the prayer.

Imam Malik’s View Concerning Sadl and Qabd

1. The dislike of qabd in the fard and its permissibility in the nafl if one is standing for a long time in order to make it easier on him. (i.e. a rukhsa)

This is the opinion narrated by Ibn al-Qasim in al-Mudawanna (1:74) and in al-Tamheed (20:75) al-Layth as-Sa’d is reported to have said:

Al-Bukhari narrated in his Sahih (1:401) in the chapter entitled, "Using the Hands in Prayer for Help, if it is Part of the Prayer" that Ibn Abbas said:

Thus, putting the hands over each other in prayer is permissible when used as a means for support in cases of standing in prayer for a prolonged period of time, as is narrated of ‘Ali and as Ibn Hazm explicted stated in his al-Muhalla (4:113),

Standing for extending periods of time is a characteristic of the nafl rather than the fard prayer, as the Prophet ordered the imam to be light in the fard.

Imam al-Shawkani mentioned in Nayl al-Awtar (2:201),

Imam al-Shawkani also stated:

‘Abd al-Razzaq in his Musanaf ‘Abd al-Razzaq states: "I saw Ibn Jurayr praying while laying his arms straight, and al-Awza’i said that whoever wished to do the same (then let him do so) and whoever wanted to leave it (then let him leave it), and it is also the saying of ‘Atta."

2. The permissibility of qabd in both the fard and nafl.

This is the saying of Ashhab and Ibn Nafi. It is also the statement of Ibn ‘Abd al-Barr.

3. The performance of qabd in the fard and nafl.

This is narrated of the two brothers: Mutrif and Ibn al-Majishun from Malik, as stated by Ibn Rushd in al-Tahsil (1:395).

4. The prohibition of qabd.

And this is the narration of the ‘Iraqi scholars from Malik, as mentioned in by al-Bagi in al-Mutawa (1:281).

And Allah knows best.

Appendix I
Opinions from the Scholars of the Maliki School

 Shaykh Ahmad ad-Dardiri:

The Maliki scholar Shaykh Ahmad ad-Dardir said in his Arqab al-Maasilik li Madh’hab al-Imam Malik that:

It is allowable to grasp the hands during the nafl prayer and it is reprehensible to grasp the hands during the fard.

Shaykh Ahmad az-Zarruq:

And to end this, we would like to quote from one of the greatest Maliki ‘ulama, Shaykh Ahmad az-Zarruq, in his commentary on the Risala of Ibn Abu Zayd:

Shaykh ‘Usman dan Fodio:

It is mentioned in the Bayan (by Shaykh ‘Uthman ibn Fudio),

Grasping the hands for support during the prayer is summed up in three opinions:

1. some say it is allowed absolutely
2. it is reprehensible except when standing long in the nawafil
3. it is highly recommended and its matter is to grasp the left wrist with the right hand and place them under the chest.

And Allah knows best.

Appendix II
Explanation of the Fiqh of Imam Malik as it Relates to the Issue at Hand

In regards to the issue at hand, there are three relevant points of fiqh that I feel need briefly to be discussed: ‘amal, khabar al-wahid, and the qat’i in respects to the dhanni.

Imam Malik’s Risala to Imam Layth ibn as-Sa’d

Imam Malik, in an authenticated letter to Layth ibn as-Sa’d in Egypt, wrote:

Imam ash-Shaf’i and His Risala

This is the crux of the Maliki position in his own words. When Imam ash-Shafi’i went to Egypt, he found people doing things that he felt were strange. Upon inquiring into their proofs and reasons, it was apparent that they were acting in accord to various fatawa passed by Imam Malik. In order to ascertain the reasons why Imam Malik held such positions, Imam ash-Shafi’i began looking into Malik’s ijtihadi rulings, and saw that there wasn’t a readily identifiable methodology that Imam Malik had employed, hence he felt it his duty to do such. Immediately afterwards, he wrote his innovative work, al-Risala which began the period of usul al-fiqh.

When this work was written, Malik was already gone, and Imam ash-Shafi’i was an Imam in his own right. That being so, there were many positions that Imam Malik held that Imam ash-Shafi’i disagreed with, due mostly to differences of methodology, or usul. With these differences in mind, he wrote his Risala, which became the basis for the definitions and generally propagated procedure of fiqh. For Imam ash-Shafi’i, the first source was the Qur’an, then the Sunnah, then ijmaa’’, and then qiyas, nothing more. But Imam ash-Shafi’i’s methodology was not necessarily the agreed upon methodology of the entire ummah, nor where his definitions, hence, the different scholars in different regions and different methods took the Risala, and adapted it to and for themselves. Imam ash-Shafi’i, although he had studied under Muhammad Shaybani, had at this time became the main proponent of the ahl al-hadith, and expressed his schools views within his work. Although no one disagreed with the general identification of the sources that Imam ash-Shafi’i identified, how those sources were handled is the point of departure. Since my intention is to help supplement the understanding of the above text, it is not my concern here to deal with the Qur’an nor qiyas, since the issue of sadl is neither a point of tafsir nor qiyas. I will only briefly try and focus upon the Sunnah and ijmaa’ as it relates to the topic.

The Early Definition and Implications of the Word ‘Sunnah’

The Sunnah, as it is commonly defined, is the "words, actions, tacit approval and characteristics of the Prophet". This is the definition that was given to it by Imam ash-Shafi’i, which the people of hadith concurred upon. But as is evident in the proceeding quote from Imam Malik, this was not the definition that he understood. To Imam Malik and the people of Madina before and after him, the Sunnah including the totality of the Prophet, the Sahabah and the agreed upon practice of the Tabi’een. Hence, in the mind of Imam Malik, the Sahabah and Tabi’een, in a sense, were held on the same level as the Prophet’s personal sunnah. That is not to say that the Sahabah were equals with the Prophet, but rather, the conclusions and massly accepted ijtihad of the Sahabah and the subsequent rulings of the Tabi’een, were the explanation and extension of the Sunnah, in the same way that the Sunnah is considered to be an explanation and extension of the Qur’an, and hence, Imam ash-Shafi’i’s statement:

Hence in the same manner, the Sunnah is of three other types: the Sunnah of the Prophet as mentioned above, the Sunnah of the Companions which explains and supplements the Sunnah of the Messenger of Allah, and the last is the Sunnah of the Tabi’een that was transmitted to them from the Sahabah, which they acted upon and ruled in accordance of when they could find nothing in the former. And in the same manner, the first two are agreed upon, while the ulama have differed in regards to the third.

Before I continue with Malik, there is an important point that needs to be made that will clarify much of the confusion over the different madhhahib, and that is that hadith and Sunnah are not necessarily synonymous to all the usulieen.

The Mutawatir and the Ahad Riwayat

The whole of this deen is by way of transmission. The Qu’ran is transmitted, the ahadith are transmitted, the athar and fatawa of the Sahabah are transmitted, ijmaa’ is transmitted, and the ijtihad of our early fuqaha’ is transmitted. And accordingly, our scholars of usul and hadith have differed between two basic types of transmission: mutawatir and ahad. The mutawatir is a mass-transmission such that it is practically impossible for a lie to have crept into the narration and distorted the text. This is the basis of the infallibility and protection of the Qur’an, and the reason why there is absolutely no doubt in our minds that the Qur’an has not been changed since it was completed. Ahad on the other hand, is that whose chains of transmission have not reached that level of certainty, hence, there is a possibility that it can be a fabrication or distortion. Hadith falls into both of these categories. That being the case, the mutawatir and ahad both correlate to two different degrees of proofs: qat’i and dhanni, definite and speculative respectively.

The Use of Khabar al-Wahid by Ahl al-Hadith and Ahl al-Ra’y

In relation to the two different schools of the Salaf, the ahl al-ra’y and ahl al-hadith, there was a difference on how they looked at ahadith in light of this categorization. No one disputes the authority and ‘isma of the mutawatir, but the point of disagreement is around the ahad. The ahadith al-ahad or khabar al-wahid are those ahadith whose level of transmission, prior to the period of collection, did not reach the level of mutawatir, which comprise the vast majority of the ahadith that are transmitted. The two different schools had differing views on the authority of such ahadith.

The ahl al-hadith, after checking both the sanad and text of the hadith, were generally more willing to adopt the hadith after it could be ascertained that it was not abrogated. But, however, the ahl al-ra’y were stricter in this regard. To the ahl al-ra’y, although the mutawatir was a definite (qat’i) proof, the ahad was dhanni at best, and hence was treated like such. Since the ahad was speculative, it could not impart definite knowledge by itself and since Allah said in the Qu’ran: "[V]erily, conjecture avails nothing against the truth" the fuqaha’ have put stipulations on the acceptance of the ahad. Imam ash-Shafi’i, and Ahmad both stated that when if the narrators of the ahad were upright, competent Muslims with a retentive memory, a direct connection to the person they transmitted from and were not known to distort the text or chain of ahadith, they accepted them and readily utilized those ahadith in their ‘ijtihad, which is Imam al-Bukhari’s criterion for his Sahih.

Imam Abu Hanifa and His Companions: the Representative of the Madhhab al-Ra’y

The Hanafis however placed two other conditions, namely that the person who transmitted the hadith is not known to have acted contrary to their report, and that it is a matter that does not necessitate the knowledge of a vast number of people.

In the first condition, there is a hadith which states that "When a dog licks a dish, wash it seven times, one of which must be with clean earth." The hadith in question fulfills all the above requirements of Imams ash-Shafi’i and Ahmad, but however, it is known that Abu Hurayra, the Sahabi that the hadith comes from, did not act upon it himself. Because it is known that normally, the criterion for purifying anything is only three washes, an established qa’ida, and since Abu Hurayra is known not to act upon this hadith, Imam Abu Hanifa and his madhhab rejected both its text and attribution to Abu Hurayra.

In regards to the second criterion, the Prophet sallallahu ‘alayhi wa salam, is reported to have said, "Anyone who touches his sexual organ must make a fresh wudu’." The Hanafis have rejected this hadith in light of the fact that even though this is an important hadith, it was not an established practice amongst the whole community, and hence, there is too much doubt surrounding its authenticity to be acted upon, for if it were true, it would have been necessitated that it be transmitted and acted upon by all.

Another example from the Hanafis is the issue of the wali. The Hanafis have ruled that a wali is not an essential part of the nikkah, and hence a nikkah is valid without one, even though there is a sahih hadith that states, "There is no marriage without a wali," along with others which state something similar. Their reasoning is that in the Qur’an, Allah states, "If he has divorced her, then she is not lawful to him until she marries (hatta tankiha) another man" (2: 229). The dhahir, outward meaning of the word hatta tankiha implies that a woman has the authority to contract her own marriage, and since the Qur’an is a qat’i and the hadith is ahad, it is rejected since the speculative cannot override the definite. Furthermore, the Hanafis consider the ‘amm of the Qur’an to be definite and hence binding it is dhahir wording and general application, unless there is a qat’i proof to specify (takhsis) its generality.

In other words, when there was a clash between a qat’i and a dhanni proof, the qat’i takes priority, and in many instances, the dhanni is disregarded.

An example from Imam Malik is the same issue above, that of the dog. The Shafi’is and the Hanbalis have ruled because of this hadith and one similar to it, that both dogs and pigs are nejus. However, in the Qur’an, Allah says, "When they ask you what is lawful to them, say: ‘What is lawful to you is that which is good and pure and also what you have trained your hunting animals to catch in the manner directed to you by Allah." (5:4) In this verse, Allah allows for the game which is taken from the mouths of hunting animals to be eaten, without any stipulations attached. One of the animals that the Arabs used to hunt with was dogs. Allah did not make an exception to dogs, hence, the ayat in the Qur’an is general and implicitly implies that the saliva of dogs is pure. Furthermore, there is a qa’ida derived from the Kitab wa Sunnah that "everything is pure until proven otherwise", and since this hadith is ahad, along with the reasoning that Imam Abu Hanifa gave, it cannot overrule the general principle, thereby specifying something which Allah has apparently made general. In light of the fact that there is no other proof to substantiate it, Imam Malik and his madhhab rejected it and consider all living animals, and that which is pure from humans (i.e. hair, saliva, skin, etc.), to be pure as well. Even to the extent that the left over water that a dog has drunken from is considered tahir for taharah.

Imam Malik and the Madinan Divergence

Imam Malik and the Madinans have added another criterion to accepting the khabar al-wahid apart from what which is mention in relation to Imam ash-Shafi’i and Ahmad: that the hadith in question does not conflict with the ‘amal of ahl al-Madina.

The ‘amal of ahl al-Madina as a juristic principle states what Malik mentioned above, that Madina is the inheritor of the sunnah of the Prophet and the sunnah of the Sahabah, and hence the entire city is the visual legacy of the Prophetic Sunnah. The proofs are the ayat stated above, along with ahadith:

My community will not agree on an error.

and

Madina is sacred, and throws out its dross as fire cast out the dross of metal.

and

Islam will cling to Madina as a serpent clings to its hole.

In Malik’s view, all of these ayat and ahadith substantiate not only the superiority of Madina spiritually, but in regards to its practice as well, and hence, their practice is a mutawatir transmission of the Sunnah. That being the case, the ‘amal of ahl al-Madina is in his mind, which he inherited from his teachers, a qat’i proof, and when it comes in conflict with a dhanni, such as the khabar al-wahid, either explains the latter’s ambiguity, or completely overrides its text, even when the ‘amal is of the Tabi’een or Tab’ut Tabi’een. The rational reasoning behind this was stated by Imam Malik himself, who said,

The understanding that Malik had comes down to common sense. Imam Malik was the Imam of the Abode and Hijra of the Prophet. Madina, was the first Islamic state established, hence, all the relevant historical occurrences happened in Madina. The majority of the akham revealed by Allah ‘Azza wa Jal were revealed in or in relation to Madina. The Prophet made hijra there, lived out his life there, and died there. Revelation came while he was in the city, and the whole area was illuminated by its effect. The vast majority of the Sahabah, in the efforts to be as close as possible to the Messenger of Allah sallallahu ‘alayhi wa salam, followed him to Madina and took up residence there. Most importantly in this respect, the seven companions that were known to pass fatwa spent a considerable amount of time in Madina, including ‘Abdullah ibn Mas’ud and ‘Abdullah ibn Abbas. It was the seat of the first three Khulafa Rashidun, and ‘Ali spent half of his khalifate in Madina. If there was ever a sunnah established, it was done in Madina. If there ever was a relevant hadith, it was known in Madina. If there ever was a city that deserved to be followed, it was Madina.

The Issue of Ijmaa’

As it can be noticed from the quotes that are dispersed throughout this article, Imam Malik was primarily concerned with Madina and did not feel that any other city had a legitimate claim to be equal, let alone superior. That being the case, it is only natural to conclude that the ijmaa’ that Malik was concerned with was only the ijmaa’ of the Madinans, the seven fuqaha’ in particular.

If you turn to the Muwatta’, Malik constantly refer to both ‘amal and Madinan ijmaa’, thus we find numerous statements like,

I have never heard any of the people of knowledge and fiqh and those whom people take as an example . . .

or

I have not heard that any of our predecessors used to do that, and the people of knowledge disapprove of it . . .

or

This is what we do, and what I have seen the people of knowledge in our city doing.

And many other statements along those lines. The earlier Imams of the Salaf were extremely careful not to transmit any false information, hence, instead of declaring outright that there is an ‘ijmaa on an issue, they would simply state, "I have not heard any of the people of knowledge say otherwise," or something similar out of caution. But with Malik, you will however, never find a statement indicating that something is the ijmaa’ of the entire ummah; primarily because what Malik preferred the statements and conclusions of the people in whose cemeteries over 10,000 Sahabah are buried, as opposed to those with only a handful. Malik’s ‘amal and ijmaa’ can be directly related to two other priniples of fiqh that the ‘ulama have for the most part concurred upon: ijmaa’ and ‘urf.

‘Urf as it is defined by the fuqaha’ are the set of practices and word usages that the upright amongst a particular group of people have considered to be good. In essence, Malik’s ‘amal if actually the ‘urf of Madina. ‘Urf as a juristic principle, by the agreement of the fuqaha, cannot stand alone since ‘urf is rooted in the rationale and intellect of a people as opposed to revelation. But however, in Malik’s eyes, the ‘urf of Madina is a divinely inherited phenomenon, and hence, does have the capacity to stand alone as a proof in the shari’ah. Similarly, the knowledge of the scholars in the city was derived from this same fountain as an inherited reality as opposed to a theoretical speculation. In other words, the ‘amal and ijmaa’ of Madina is inherited from the Lawgiver himself sallallah ‘alayhi wa salam, along with the majority of his most trained specialists, and hence is a part of the Sunnah. The difference between the two is that ‘amal, being the ‘urf, it is a reference to the people at large, laymen and scholars alike, while ijmaa’ is a reference to the scholars, to the exclusion of the masses: the distinction between ‘urf and ijmaa’ to the usuli’een of the other traditions. It is however, important to note, that in the Maliki madhhab, after Imam ash-Shafi’i wrote his Risala, all four of these aspects were adopted and consider as sources of law, the Madinan phenomenon obvious having first preference.

Ahadith vs. ‘Amal

‘Amal in relation to ahadith has five possibilities. It will either: contradict the ahadith, confirm the ahadith, contradict one while affirming another other, explain the ahadith, or speak when ahadith are silent.

When ahadith clashes with ‘amal, the latter is preferred over the former. One of Imam Malik’s major shaykhs, Rabi’a Abu ‘Abd al-Rahman, nicknamed Rabi’a al-Ra’y, stated: "I will take a thousand from a thousand before I will take one from one, because that one from one can strip the sunnah out of your hands." In emulation of his teacher, Malik stated,

To illustrate the point of hadith and Sunnah not being synonymous, the Sunnah including not just the Prophet, Ibn al-Mahdi, one of Imam Malik’s contemporaries, stated: "An established sunnah from the sunnah of the people of Madina is stronger than hadith."

Ibn al-Qasim and Ibn Wahb, both of al-Bukhari’s "men" and Malik’s two best students, Ahhab being the third, stated: "I saw in Malik’s opinion, ‘amal was stronger than hadith."

This perspective was not something that Imam Malik arbitrarily invented on his own due an exaggerated love and respect that many felt Imam Malik had for Madina, but it was instead the understanding that was taught to him by his teachers. Hence, it was stated by him, that while still learning in his youth he noticed that,

and

This understanding can be traced all the way back to ‘Umar ibn al-Khattab, who stated upon the mimbar of the Prophet sallallahu ‘alayhi wa salam,

By Allah Almighty, I will make it difficult for a man who relates hadith different from it (i.e. ‘amal)

Which is possibly one of the reasons why he ordered that all ahadith collections be burned.

When ‘amal confirms ahadith, obviously, it isn’t a major issue. But however, being that ‘amal is a source of shari’ah, it has the effect of raising the grade of a hadith to a level beyond sahih, even when its isnad is da’if, the relevance of which will be seen shortly. The same holds true when it both confirms and contradicts, the correctness of the confirmed hadith is raised above the one that it contradicts, and the latter is disregarded. Being that hadith is an oral transmission, which not all of a society will be aware of, while ‘amal is a custom which is generally known by all, there arises the logical possibility that ‘amal records something that hadith does not. In this case, ‘amal serves as hadith, in that they are both indications of the Sunnah, and is thus utilized as if it was a mutawatir text. When ‘amal contradicts hadith, being that it is regarded as a mutawatir transmission, the ‘amal overrules the text.

The whole reason that I have explained all of this is that all the hadith that mention qabd, even though well known, are khabar al-wahid at the level of the Sahabah, while on the other hand, sadl was the ‘amal of the people of Madina as was stated by Malik in the text of the Mudawanna quoted above, and which as I have explained is mutawatir. Since, in Malik’s eyes, the ‘amal takes priority over the ahad, he considered it preferable to act upon the ‘amal of sadl, rather than the hadith of qabd. For as Ibn ‘Uyana stated,

Hadith is a place of error for everyone but the fuqaha’

While the ‘amal of ahl al-Madina amounts to an established, visually inherited practice.

In sha Allah, I will try my best to give examples of each possibility of the ‘amal/ahadith correlation, to prove all of what I have stated.

A concrete example of this is the adhan and ‘iqama of the Malikis. Imam Malik states in his Muwatta’:

If we turn to the Risala of Ibn Abu Zayd, we find that the description of the adhan is: Allahu akbar, Allahu akbar.

Ashadu anla ilaha ill Allah, Ashadu anla ilaha ill Allah. Ashadu anna Muhammadan Rasulillah, Ashadu anna Muhammadan Rasulillah. And again, in a louder voice: Ashadu anla ilaha ill Allah, Ashadu anla ilaha ill Allah. Ashadu anna Muhammadan Rasulillah, Ashadu anna Muhammadan Rasulillah. Haya ‘ala-s salah, Haya ‘alas-s salah. Haya ‘ala-f falah, Haya ‘ala-f falah. Allahu akbar, Allahu akbar, La ilaha ill Allah.

Now, if we turn to Sahih Muslim, we find the hadith:

None of the ahadith mention the softening and raising of the voice between the two sets of the shahadatyn, even though they mention the repetition, and the people of Madina, apparently, were the only people to call the adhan in this manner. Shaykh al-Islam al-Qadi ‘Iyad narrates in his Tartib al-Madarik:

The same situation is in regards to the ‘iqama. The ‘iqama as described in the Risala is: Allahu akbarullahu akbar. Ashadu anla ilaha ill Allah wa ashadu anna Muhammadan Rasulillah, Haya ‘ala-s salati haya ‘ala-f falah, Qad qamatis salat’ul llahu akbaru-llahu akbar. La ilaha ill Allah

In sahih Muslim, the hadith just before the one quoted above, its states:

Anas said: Bilal was ordered to double the adhan and pronounce the iqama only once. (Muslim 4:739)

Imam ash-Shafi’i and Ahmad have interpreted this hadith to mean the manner of calling the ‘iqama which is well known, proof of which lies in both Muslim and Bukhari, which state:

and

But on the basis of the ‘amal of ahl al-Madina, the Malikis have come to a slighty different conclusion. Which is an explanation of the statement in the Muwatta’, "I have heard nothing about the adhan and iqama except what I have seen people do." So in this case, the ‘amal serves as a ta’wil to the proper understanding of the hadith in order to derive the Sunnah of the Prophet sallallahu ‘alayhi wa salam, as well as a criterion to prefer one text over another.

Case Study Two: Contradiction

There is a ahadith that is recorded in both Sahih Mulim and several other collections which states:

He who fast Ramadan and six days of Shawwal, it will be as if he had fasted the whole year.

But however, it is narrated in the Muwatta’ that:

In this instance, both the ‘amal and ijmaa’ of the people of Madina contradicts the outward import of the above ahadith. Because of this, and the reason that Imam Malik gave in response to the question, there is a principle in Maliki fiqh that something is which is inherently permissible can be declared makruh, if affirmed by other proofs, in order that people do not take it to be a wajib. Thus we find in the Bidiyat al-Mujtahid of Ibn Rushd that Malik disapproved of the fasting of Shawwal:

This incident of refraining or disapproving something in order that the people don’t mistake it for a fard is in essence an extension of sadd adh-dhara’a, blocking the means, at a less forceful level, and incidentally, this principle is a point of ikhtilaf by the Shafi’is and Hanafis who do not agree with it. However, this can be seen in the seerah of the Prophet, when during Ramadan, the Prophet came out for tahujjud three nights in a row, but failed to come out the forth night. When they asked him why, he sallallahu ‘alayhi wa salam replied: "I did not want the people to think that it was an obligation upon them."

So thus, in the Maliki madhhab, the fasting of the six days of Shawwal is makruh, immediately following Ramadan. The hadith is instead interpreted to mean that fasting the full Ramadan, and any six days out of the year, is like fasting the whole year, and Shawwal was just an example that was mentioned, when it is even considered at all.

Another example of a contradiction is in reference to fasting on Jumah. The other three schools consider to haram to fast on Fridays specifically, based on the hadith,

Muhammad ibn ‘Abbas narrated, "I asked Jabir, ‘Did the Prophet forbid fasting on Fridays?’ He replied, ‘Yes.’

and the hadith

But however, we find in the Muwatta’:

And hence, the rule of the prohibition of fasting only on Friday is not upheld by the Malikis.

Case Study Three: Contradiction/Affirmation and Speaking When Silent

In regards to the tasleem, there are many ahadith that narrate the Prophet making tasleemat in a variety of ways. It is narrated in

various collections that the Prophet sallallahu ‘alayhi wa salam is reported to have made tasleem on both sides, saying "As’salam ‘alaykum rahmatullah", or "As’salamu ‘alaykum rahmatullah" on the right and "As’salamu ‘alaykum" on left, or "As’salamu ‘alaykum" on both sides, or "As’salamu ‘alaykum" once to the right (Tirmidhi). But, Muhammad ‘Illiyish sums up the position of the Maliki madhhab by stating in Mawahib Al-Qadir:

Thus we find written in the Muwatta’:

Even though the ahadith alluded to above are all sahih, with the exception of the one which states he merely said, "As’salam ‘alaykum" to the right, the position of the Maliki tariqa is that saying "As’salamu ‘alaykum" is enough, and adding anything to it is against what is preferable, i.e. it is best to leave it. The exact position of the Malikis is stated by Ibn Abu Zayd, who states in his Risala:

Even though the hadith in Tirmidhi is da’if, and from what I know, there are no hadith substantiating the salam said to the imam. The people of Madina, during the time of the Tabi’een had never heard of any hadith which stated other than their adopted method. Hence, the story is told by Qadi Abu Bakr ibn al-‘Arabi that a man came into the masjid during the time of Ibn al-Shihab al-Zuhri, and he did two tasleema. Ibn al-Shihab saw this and went up to the man and asked where he was from. The man replied, ‘Al-‘Iraq." So Ibn al-Shihab asked him, "Where do you get this two taslima from?" So the man replied, "I heard from so-and-so, who heard from so-and-so" giving the full isnad, "that Ibn Abbas said that when the Prophet sallallahu ‘alayhi wa salam, ended his salat, he said "As’salamu ‘alaykum" turing to the right, and then repeated it to the left." Ibn al-Shihab, replied to this, "I have never heard of that hadith." Which shows that the two taslima was not an adopted practice of Madina. And Ibn al-Shihab was so emphatic about the imam only saying one tasleem that when he was in Makkah, after finishing his salat, stood up and said to the Qurashi imam:

Remove ‘wa rahmatullahi wa barakatu’. ‘As’salaam ‘alaykum’ is correct.

Due to this fact, the hadith that state the Prophet only did taslima once are preferred over all the rest of them, even though they are of a higher grade, and adhering to the others is going against what is preferable. The ‘amal raises the grade of the hadith to beyond sahih, namely to the level of mutawatir, definite knowledge. And the sunnah of a third tasleem by the follower is established, even though there are no known hadith from the Prophet sallallahu ‘alayhi wa salam, ordering it.

Concerning Qabd, Malik and the Muwatta’

The above should be more than enough examples to prove what I have stated about Imam Malik and Madinan ‘amal. The only other issue left to deal with is the fact that Imam Malik quotes two hadith in the Muwatta’ in support of qabd:

and

It is known, which I hope I have proven beyond a reasonable doubt, that Imam Malik and much of the Salaf , preferred sadl to qabd. So why did Malik place them in his Muwatta’?

Keeping in mind what is narrated in the Mudawanna, as I stated above, all of the possibilities can relate to this issue:

If contradicts the ahadith, then Malik was simply acknowledging the fact that the hadith do indeed exist, in the same manner that Imam Muslim narrates ahadith in his sahih that he was known not to act upon, entitling his chapters, "The Proof of Those Who Say Such-and-Such"; hence, he was showing his acceptance of the proof for qabd, acting as a muhaddith as opposed to a mujtahid. Normally, Imam Malik quotes in the Muwatta’ a couple of ahadith from the Prophet, several athar from the Sahabah, and then states what the ‘amal of the people is or the ijmaa’ of their scholars. But in this case, he just quoted the ahadith, which may be an indication of what I just stated.

If it confirms some of the ahadith and contradicts others, it would mean that the ahadith are abrogated, and are references to an earlier phase in the prophethood, which is the opinion that Shaykh al-Azhar Muhamamd ‘Illiyish prefers. Part of the possible proof of this lies in the past tense of the second hadith quoted in the Muwatta’. Since the ahad are a dhanni and ‘amal is a qat’i, there is no question that a qat’i can abrogate a dhanni. The ‘amal obviously comes after ahadith, and therefore it is understood that the Sahabah abandoned those hadith that mentioned qabd, otherwise, the Tabi’een would not have adopted it. The objection has been raised by some in order to cast doubt on the possibility of this as spurious by suggesting that, "Was breaking the fast early and delaying the sahur abrogated as well," in response to the idea that the command for qabd was abrogated in the hadith quoted in the Muwatta’. The idea that only part of a command is abrogated is very highly probable in light of another hadith, namely the hadith that states: "The Imam was only appointed to be followed. Therefore, stand when he stands, sit when he sits, bow when he bows and prostrate when he prostrates." It is agreed upon by the four madhhahib that the "sit when he sits" command from that hadith was abrogated by amal of the Sahabah that occurred during the illness of the Beloved of Allah, while the rest of the hadith remains fully in tact.

Also, consider the hadith, "Pray as you see me pray." In relation to this idea. The Tabi’een imitated the Sahabah, and the Sahabah adhered to this hadith. In light of this fact, the Tabi’een would not have practiced sadl if they were not taught to do such, and hence, if not the ‘amal alone, the ‘amal and this well-known hadith both combine as a proof of abrogation.

Or, the ‘amal affirms the ahadith in respects to qabd being mubah in the nawafil, and as a result he placed them in the Muwatta’ as proof of his acceptance of qabd; after all, when asked about qabd, he stated:

This is what we do, and what I have seen the people of knowledge in our city doing.

Conclusion and Summary

In reference to qabd, the issue lies around the fact that Imam Malik and many other Tabi’een and Tab’ut Tabieen were known to have preferred sadl, which all the evidence which has been presented here more than confirms as a historical fact. What is left to the reader is to be able to step out of the ta’assal, the close-mindedness and leave the ikhtilaf to the people who have more rights to it. Otherwise, none of this will make sense and the only result in increased confusion and hatred towards the ahl al-sadl, since I do not think that anyone besides the Raafidiyya could allow themselves to come to the conclusion that the 18 scholars from the Salaf that I mentioned had blatantly deviated from the sunnah, or they were ignorant of something so basic, even if they have the audacity to accuse the Khalaf of such.

As I stated in the beginning, it is not my intention to convert people to the Maliki madhhab, but merely to defend our ‘ulama and the ikhtilaf of our heritage. Sadl was the dominant ‘amal of the people of Madina as well as many of the scholars outside of it.

I would like to conclude and summarize this discussion with a excerpt from Dr. Yasin Dutton’s book relating to this issue:

The totality of the Shi’a and the Khawarij (Ibadis) with the exception of the Zaydi, upheld the position of the Malikis in respect to sadl. Also, the long gone madhhahib of al-Awza’i and Layth ibn al-Sa’d support this adoption, along with a good portion of the Tabi’een from Madina and al-‘Iraq. And thus, the attacks on the Maliki madhhab in this day and time in relation to this issue are in reality attacks on our Salaf, the Tabi’een of Madina in particular. If the only response to all of this is: "Taqlid! Taqlid!" which I have seen the case to be,

And for that reason, some of the most authoritative works in the Maliki madhhab uphold this established practice:

In the al-Mizan of the Shafi’i faqih ash-Sha’rani states:

In Risala al-Qaywarani of Ibn Abi Zayd, it states:

And therefore, I wish to recall the statement of Imam Sufyan al-Thawri:

There will always be a part of my Community firm before the truth in the Maghrib until the order comes from Allah.

And Allah knows best.

Appendix III
The Fatwa of Shaykh al-Azhar, Muhammad ‘Illiyish

From al-Fath al-'Alii al-Maalik fi-l-Fataawi 'alaa Madhab al-Imaam Maalik, vol 1, page 104 to 108.

In the name of Allah, the Compassionate, the Merciful.

May Allah bless and grant peace to our Master Muhammad, his Family and Companions.

I was asked:

Praise be to Allah who has made the Book and the Sunnah a way and the ‘Ulama a guide for this Community. Sir, please give us a ruling on the act of letting the arms hang down ones sides while praying (sadl). Is it related to the Sunnah? Was it transmitted that the Prophet, peace be upon him, did so or ordered that it be done? Is it the ijtihad by Ibn al-Qasim and his followers, not based on any proof (dalil) of the Sunnah, so that the fuqaha have continued to declare that placing one hand over the other (qabd) is unadvisable (makruh) in prayer obiligatory (fard), or do they have something on which to based this? Is the fact that the Prophet, peace be upon him, did so near the end of his life, while ill, a sufficient argument for it to be followed and to abrogate what came before? Please answer us with firm, definitive proof and a convincing argument. Thus you shall be granted absolute joy in Paradise in company of the Master of the sons of Adam, alayhi salam.

I textually replied as follows:

Praise be to Allah, who has provided us the Book and the Sunnah and the straight, accepted path of the schools (madhhahib) of the four high ranking imams; who has conserved them (the schools), by his grace, until the Day of Judgement. Who has made his followers (muqallidun) outstanding, confirmed followers of the Sunnah and the Community (Ahl as-Sunnah wa al-Jamaa).

May blessings and peace be upon our Master Muhammad, who said: "When instability (fitan) appears, along with innovations and my Companions are insulted, may the ‘ulama then demonstrate their science as, if he does not do so, he shall be cursed by Allah, the angels and everybody. Allah shall not accept any effort or justice at all from him." And he said: "When the last of this community curse the first, he who hides a hadith shall have hidden what Allah has revealed." And he said: "Innovators do not appear without Allah making proof appear in the mouth of whom he wishes among His creatures." And he said: "Innovators are the worst creatures in the creation." And he said: "Innovators are hellish dogs". And he said: "Whoever respects an innovator will have taken part in the destruction of Islam." And he said: "Allah does not accept the innovator's prayer, nor fasting, or charity, or pilgrimage, or umra, or jihad, or effort, or justice. He leaves Islam just as a hair leaves the dough." And he said: "When an innovator dies, Islam has triumphed."

May there also be said blessings and peace upon his Family, Companions, Followers (Tabi'in), Followers of the Followers (Tab' Tabi'in) and the people of the Sunnah, among the followers (muqallidu) of the Four Imams and Pillars of the Deen.

You must know that letting the arms hang down ones sides (sadl) during prayer is firmly established by the Sunnah. It was done by the Prophet and he ordered that it be done by Consensus (ijma’) among the Muslims. Moreover, there is consensus among the Four Imams that it is permitted to do so during prayer. This is so widely known among the followers of the said Imams that it forms part of the Necessary Knowledge of the Deen (ma'lum mina d-din bi d-darura). This is the first and last way in which the Prophet prayed and ordered others to pray, peace be upon him.

The proof that it is the first way in which the Prophet prayed and ordered others to pray is recorded in the hadith selected and mentioned by Malik, may Allah be pleased with him, in the Muwatta, transmitted by Sahl b. Sa'd, to which Al-Bukhari and Muslim adhered, the text of which is: "People were ordered to place their right hand on their left forearm during prayer". The proof of this lies in the fact that they were ordered to place their hands in the aforementioned manner (qabd) implies that previously they let them hang by their sides (sadl). If this were not so, it would be a superfluous and repetitive instruction, something which is unthinkable of the Legislator, peace be upon him.

It is likewise perfectly well known that the Companions would not have practiced sadl if they had not seen the Messenger, peace be upon him, do so. It indeed was he who ordered them to do so when telling them: "Pray as you see me pray."

As to the proof which demonstrates that sadl is the last way in which the Prophet prayed and ordered others to pray, lies in its continued practice by the Companions (Sahaba) and the Followers (Tabi'in). This was to such an extent that Malik said - as transmitted by Ibn Al-Qasim in the Mudawwana: "I do not know", referring to the qabd in obligatory prayer (farida). As it is impossible for them not to have known the last way in which the Messenger, peace be upon him, prayed, or for them to have disobeyed him together, as they followed absolutely everything he did and had a perfect knowledge of his ways of doing things, imitating him in the prayer. Thus, Malik linked their Practice to the legislatory aliya, to hadith sahih which does not contradict the Practice and Consensus (Ijma’). He made these four the fundaments of his method (madhhab).

As to qabd in the obligatory prayer, there is a difference of opinion as to whether it is unadvisable (karahah), advisable (nadab) or allowed (ibahah). This is without there being any difference as to the fact that the Prophet, peace be upon him, did so and ordered others to do so.

Those in favor of qabd being advisable and permissible disagree as to the manner in which it is to be carried out. Thus, according to the school of Malik, there are four opinions thereon, which are clearly expressed by Imam Ibn 'Arafa and others. Among these opinions, the most widespread (mashhur) and accepted by the majority of the followers of Malik is that transmitted by Ibn Al-Qasim in the Mudawwana: that qabd is unadvisable (karahah), which is thus a proof that qabd had been abandoned by the Companions and by the Followers and that they practiced sadl, just as mentioned. This indicates the abrogation of the legal enforcement of qabd.

You should know that Ibn Al-Qasim belongs to the generation of followers of the followers (Tab'ut Tabi'in), one of the greatest generations, whose excellency was prophesied by the Great Messenger, peace be upon him. Likewise, there is Full Consensus (ijma’) as to the imamate, reliability, precision, integrity, scrupulosity and rectitude of Ibn Al-Qasim. The Maliki school has agreed that what Ibn Al-Qasim transmits from Malik in the Mudawwana takes priority over other transmissions which contradict it. All of the Imams of the other schools (madhhahib) have shown their acceptance of the aforementioned transmission, adding as follows: "That is the posture of the majority of the followers of Malik and it is the most widespread opinion among them".

An-Nawawi says (as to sadl) in his commentary of Sahih Muslim: "Al-Laith b. Sa’d is of that opinion." Al-Qurtubi says, also commenting on said Sahih: "Sadl is backed up by the fact that qabd consists of resting one hand over the other while praying, which is prohibited in the book by Abu Dawud". Ash-Sha'rani says in the Mizan: "The explanation of this matter - apart from it being something the Legislator, peace be upon him, provided - lies in the fact that the person praying placing his hands below his chest generally distracts him from fully concentrating on Allah. In such case, letting the arms drop by the sides and occupying oneself and concentrating on Allah is preferable to observation of form. Thus, whoever considers himself unable to concentrate fully on Allah during the prayer due to qabd should preferably let the arms drop by his sides." The same thing was stated by ash-Shafi'i in his book Al-Umm', where he said: "There is no harm in letting the arms drop by your sides, if you do not play about". Whoever considers himself able to fulfill both conditions should place his hands below his chest, which would be preferable for him. Thus, the opinions of the Imams are unified, may Allah be pleased with them.

You may thus appreciate that the way the question is made does not allow for necessary acceptance of differences and that what is unanimously agreed must be complied with (al-mujma' 'alaih), as it rejects it. You must know that this is a contradiction and a lack of respect is committed, which must be regretted by biting the tongue and knocking ones fingers.

As to the contradiction committed, it is clear when he says that "Allah has made the Book and the Sunnah a way for this Community." This implicitly states that what the Imams and their followers said is not a way for this Community. That is a Dhahiri (literalist) deviation. He later contradicted himself by saying that "Allah has made the ‘ulama a guide for this Community." He contradicts himself again when he asks whether "it is an ijtihad by Ibn Al-Qasim and his followers, without being based on any proof (dalil)." In this case, after encountering the ‘ulama, he treats them as traitors and doubts whether to classify them as ignorant or transgressors. Finally, he contradicts himself again by requesting a legal finding from someone who is not even worthy to tread the ground trodden by Ibn Al-Qasim and his followers.

As to the lack of respect, this is what is stated when he asks whether "it is an ijtihad by Ibn Al-Qasim, without it being based on any proof whatsoever, so that the fuqaha have followed him." This suggests that Ibn Al-Qasim is not an ‘alim and guide and that he makes ijtihad at random, without basing them on any proof at all. He also suggests that the fuqaha who thereafter followed him blindly, while wavering between ignorance and lack of scruples.

How is this possible, if the Messenger, peace be upon him, said: "This deen shall be transmitted by the most spotless (adul) of each generation." And he said: "My Community shall not agree as to an error." And he said: "There will always be a part of my Community firm before the truth in the West (maghreb) until the order comes from Allah." There are also other hadiths.

This lack of respect also arises in relation to other Imams who accept this transmission from Ibn Al-Qasim, whether Hanafis, Malikis, Shafi’is or Hanbalis. Likewise, you must know that lacking respect for Ibn Al-Qasim alone is a great disgrace and scandal. How would you thus lack respect for him and his successors. How would you thus fail to respect them and those who have confirmed them. Moreover, in this case Ibn Al-Qasim does nothing other than to transmit the words of Malik in the Mudawwana as follows: "Malik advised not to place the right hand on the left during obligatory prayer and said: 'I do not know that; although there is no problem when performed during supererogatory prayer which is lengthened in order to help oneself'."

The lack of respect is really committed against Malik, just as stated in the hadith which reads thus: "The son of Adam insults the vicissitude of destiny, and I am those vicissitudes." And the hadith: "Do not insult the vicissitudes of destiny, as Allah is said vicissitudes."

The hadith which indicates "qabd" was taken by Bukhari and Muslim from the hand of Malik, who transmits it in his Muwatta; however, he judged it inadvisable, according to the transmission of Ibn Al-Qasim in the Mudawwana. This transmission, by consensus of the people of the madhab, is given priority over any which contradicts it. Thus, it is not allowed to say that the hadith did not come to Malik's knowledge. Neither is one allowed to say that Malik disregarded the hadith on his own initiative, without any grounds, as there is Consensus among the Community as to avoiding attribution of such behavior to Malik. This consensus was by the Followers (Tabi'in), who are among the best generations. The latter, in addition to having interpreted the hadith of "‘alim of Medina" as if it referred to Malik. The same happened to the Followers of the Followers (Tab' at-Tabi'in) down to our days. Thus, there is nothing else to believe than that Malik confirmed the abrogation of said hadith. So he returned to "sadl", the original practice. This is shown in the words of the transmission in the Mudawwana where it says "I do not know of it", that is: I do not know of "qabd" being a practice of the Followers (Tabi'in).

The real intention of these dogs is to slander Malik, the Imam of the Imams in hadith, fiqh, ‘amal and scrupulousness (wara’), according to the consensus of the Followers (Tabi'in) and those who succeeded them right down to our days. However, as they knew that slandering Malik is an unbearable act and would be like hurling stones against their own roofs, they took Ibn Al-Qasim as a scapegoat to carry out their intentions, believing he was not important at all and that they could slander him without anything coming of it. This is not so, by Allah! His status is similar to that of Imam Ash-Shafi'i and near to that of Malik.

How right Imam An-Naj'i was when he said: "If I had seen the Companions (Sahaba) do wudu up to the wrists, that is what I would have done, although it literally says, ‘up to the elbows’". Likewise, I also say that as Malik said in the transmission by Ibn Al-Qasim in the Mudawwana "as he said qabd was not recommendable in obligatory prayer" I have decided not to practice it, in spite of the fact that, if we were to base ourselves on the hadith set forth in the Muwatta and the two Sahihs, we would have to practice it.

My success depends on none other than Allah. I seek refuge in Him and to Him I return. May Allah bless and grant peace to our master Muhammad, the Beloved and all his family.

The Messenger of Allah, peace be upon him, said: "There are three types of person Allah hates most: atheists who are in the Haram, those who wish to establish a custom from the Jahiliyya in Islam and those who demand a man's blood without reason, for the mere wish for it to be spilt." (Transmitted by Al-Bukhari from Ibn 'Abbas.) And he said, peace be upon him: "Have you indeed any consideration in denouncing the shameless? Denounce them, so the people know them!" (Transmitted by Al-Lhatib, according to the transmission by Malik). And he said, peace be upon him: "Are you worried that people discover who is a scoundrel? Denounce the shameless and their wicked deeds and let the people beware of them!" (Transmitted by Ibn Abi Dunya, Al-Hakïm, Al-Häkim, Ash-Shirazi, Ibn 'Udayy, At-Tabarani, Al-Bayhaqi, Al-Katib de Bahz Ibn Hakïm from the father of his grandfather.) And he said, peace be upon him: "He who makes the worst transaction is the one who spends his life hoping that time will not bring reality about, abandons this world with no provision at all and comes before Allah without any justification at all." (Transmitted by Ibn Al-Bukhari from Amir Ibn Rabi'a.) And he said, peace be upon him "There are three things I fear for my Community: failure by a wise man, hypocritical argumentation with the Qur'an and denying Destiny." (Transmitted by At-Tabarani from Abu Darda.)

Appendix IV
References

Audio Tapes:

Abdullahi Ould Boye. Usul al-Fiqh. Translated by Hamza Yusuf - Foundations of Our Methodology. (Audio) California: al-Hambra Productions, 1999.

Hamza Yusuf Hanson. Commentary on the Fatwa of Muribtal Hajj Concerning the Issue of Taqlid. (Audio) California: al-Hambra Productions, 1999.

Books:

‘Ahmad ibn Naqib al-Misri. ’Umdat al-Salik. Translated by Nuh Ha Mim Keller - Reliance of the Traveller. Maryland: Amana Publications, 1991.

Bilal Phillips. The Evolution of Fiqh. Saudi Arabia: International Islamic Publishing House, 1996.

Malik ibn Anas. al-Muwatta’. Translated by Aisha ‘Abdu-r Rahman Bewley and Ahmad Thompson. London: Diwan Press.

Muhammad ibn Ishma’il. Sahih al-Bukhari. Translated by Muhammad Khan. Saudi Arabia: Dar us-Salam, 1994.

Muhammad Hashim Kamali. Principles of Islamic Jurisprudence. Cambridge: Islamic Texts Society, 1994.

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‘Abdal-Hakim Murad. Understanding the Four Madhhabs: the Problem with Anti-Madhhabism. London: ISLAMICA Magazine, 1995. (Masud Ahmed Khan’s Homepage: http://www.masud.co.uk/)

Aisha ‘Abdur-Rahman Bewley. The ‘Amal of Madina. (Aisha Bewley’s Homepage: http://ourworld.compuserve.com/homepages/ABewley/)

Qadi ‘Iyad al-Yahsubi. Tartib al-Madarik. Translated by Aisha ‘Abdur-Rahman Bewly-Selections from the Tartib al-Madarik of Qadi ‘Iyad. (Aisha Bewley’s Homepage: http://ourworld.compuserve.com/homepages/ABewley/)

Muhammad Abu Zahrah. Usul al-Fiqh. Translated by Aisha ‘Abdur-Rahman Bewley - The Fundamental Principles of Imam Malik’s Fiqh. (Aisha Bewley’s Homepage: http://ourworld.compuserve.com/homepages/ABewley/)