05-23-2007, 05:45 AM
<b>Episode 9</b>
In the name of Allah[1], The All-Merciful, The Ever-Merciful. Peace and blessings of Allah be upon Prophet Muhammad (SAWS) [2].
Today, we continue to look at the life of Imam Malik and connect it to the idea of co-existence. We aim to learn how to coexist with each other at a time full of bloodshed in various places like Iraq, Lebanon and Darfur. We need to teach ourselves Fiqh al-Ikhtilaf (the Jurisprudence of Dispute); how can I hold your opinion in respect while I am opposed to it and clinging to mine?! Finding a common ground is the aim of this program.
We will discuss two main points in Imam Malik’s life: his school of fiqh3 and how he was able to coexist during his long lifetime -86 or 92 years- in which he witnessed the rule of 15 Caliphs.
<b>The School of Fiqh of Imam Malik</b>
The main principle on which his school of thought is based is that shariah (Islamic law) essentially aims at facilitating matters for people and working for their best interest. Islamic shariah has five essential goals: the preservation of religion, honor, property, human soul and mind, exactly in that same order. Nothing is prohibited in the Qur'an except when the intention is to protect something; prohibition of fornication is meant to guard the honor; likewise, prohibition of gambling aims at the protection of property.
Seeking to find the ideal way of facilitating things for people, Malik adopted the Prophet’s (SAWS) approach and took him as his role model. He certainly bore in mind such ayahs[3] and ahadith[4] as the following when he decided to take this route, “..And in no way have We sent you except as a mercy to the worlds” (TMQ[5]: 21, 107). “…and in no way has (He) made for you (any) restriction in the religion…” (TMQ: 22, 78). “…Allah wills for you ease, and He does not will difficulty for you…” (TMQ: 2, 185).
It is reported that Lady Aisha (RA)[6] had said that whenever the Prophet (SAWS) was given a choice between two matters, he always chose the easier one so long as it was not evil. If it was evil then he was the farthest person from it. The Prophet (SAWS) never retaliated for himself, except when something violated one of Allah’s (SWT)[7] sanctities then he would take vengeance for Allah’s sake.
He considered Madinah and its inhabitants as his model in this regard, for it is the place where the Prophet lived. Therefore, his sources in fiqh were the Qur'an, the Sunnah (the Prophet’s tradition) and the people of Madinah. Some scholars disagreed with him in this matter, and at times he obstinately held onto his opinion, thereby temporarily suspending the principle of coexistence. This will be shown in an incident with Abu-Hanifah which we will tackle in the following episode, if Allah so wills.
Taking the people of Madinah as one of his sources gave rise to Malik’s belief in the significance of the society’s agreement on a certain matter, thus inventing what would be later established as “the convention of a society”, i.e. he would support what the society agreed upon. For this reason, he managed to attract many people around him. A man from Andalusia once came to him with a question. Malik’s reply was: "I do not know." That man said: "O Imam! I have come to you from Andalusia and you say you do not know! What should I tell my people when I go back to them?!" Malik responded, "Tell them, ‘Malik did not know’... I am not aware of how the people of Andalusia live, so ask someone who has adequate knowledge of Andalusia.”
Malik invented new terms that were unheard of before. His dislike for the word haram (sinful, prohibited) led him to replace it with terms like: “I do not regard this as right”; “this is improper”; “there is no good in it.” The word haram, unfortunately, is lightly used nowadays. He wrote a book entitled “al-mowatta’ ” during the course of his long life. This was because he used to make changes to it from time to time whenever he felt it was necessary and in the interest of people. The Caliph offered to have his book written in gold water and Malik replied that what mattered most to him was that the Caliph applied what was in the book.
I do not mean here to say that Malik applied the ideals of coexistence all the time. Several incidences prove this as we will see in the next episode. A glimpse of his departure from the ideals of coexistence maybe evident from the fact that he held a belief early in his life that what the people of Madinah did should be universally applied everywhere regardless of the nature of each place. He once sent an important letter to al-Layth Ibn-Sa'ad, the Grand Imam of Egypt –the letter and the reply are available on www.amrkhaled.net- in which he blamed him for issuing fatwas (legal opinions issued by Islamic scholars) different from those used in Madinah. Al-Layth had issued a fatwa permitting the combination of maghrib (sunset) and isha' (evening) prayers on rainy nights. Harshness rather than the ideals coexistence manifested itself in that letter; an excerpt of it is shown below:
“…Be informed, may Allah show mercy to you, that I have known that you issue fatwas different from those of the people of Madinah. Have you not heard the Qur'anic ayah that reads, “And the earliest Out strippers, (As-Sabiqûn) of the Muhajrûn (The Emigrants from Makkah who fled to Al-Madinah) and the Ansar, (The supporters, i.e., the inhabitants of Al-Madinah)” (TMQ: 9, 100)? Have you not known that the Prophet (SAWS) was reported to have said that faith flees to Madinah as a serpent flees to its burrow? You should know that all people have to be followers of Madinah where the Prophet lived and died, and where his Companions and his wives lived and learned from him first-hand. Consider what I have sent you, may Allah show mercy to you. I hope I have not intended anything from this save sincere advice.”
Al-Layth replied in a gentle manner, saying:
“…You mentioned that I issue fatwas different from those of the people of Madinah and you are right, I should fear for myself. I took every word you wrote seriously. Be informed that the Prophet’s companions settled in many places and countries and that we have scholars just as you do. Perhaps you are not aware that rain here is not like Madinah’s rain. By Allah, if you come here you will give similar fatwas, for facilitating things for people is your typical approach. The Prophet’s companions, such as Amr Ibn al-Aas, Az-Zubair Ibn al-Awwam, Bilal and Abu Ad-Dardaa, did likewise because they lived here.”
This letter and other others were not publicized until the two men passed away. It was then that their two sons made them publicly known. This incident and his position with Abu-Hanifah represented a turning point in his life. He came to believe that each society had its own custom which ought to be considered individually and that it was a mistake to apply the custom of Madinan society to all others.
<b>Imam Malik and the Caliphs:</b>
Imam Malik witnessed the rule of nine Umayyad Caliphs and five Abbasid Caliphs. These Caliphs were very different, and this teaches us a lot about coexistence. All those Caliphs respected Imam Malik and followed his fiqh. This is because Malik was unlike most people, who were either hypocrites who flattered Caliphs or extremists who clashed with them; he was always neutral. He did not agree with all what the Caliphs did, but at the same time, he did not want to fight with them. Rather, he would advise them and guide them to the right path. This is how he gained the respect of all people.
One day, a person called Muhammad Ibn-al-Hassan from al-Hejaz led a revolution against the Abbasid Caliph, Abu-Ja'far al-Mansur. Imam Malik abided by his principle and remained neutral and did not participate even though some of his own teachers did. Some of those who hated Imam Malik wanted Abu-Ja'far to be displeased with him. This person went to Imam Malik asking him for a fatwa concerning the validity of a divorce that has occurred by force. Imam Malik said that such a divorce would be invalid, according to reports that the Prophet (SAWS) said that Allah (SWT) has forgiven the Muslims all fault, forgetfulness and what was forced upon them. This person then went to the Caliph telling him that what Malik actually meant in his fatwa was that people are allowed to participate in the revolution against him because he, the Caliph, had forced the people of Hejaz pledge allegiance to him! This is a message to people in Iraq and Darfur. They should try to avoid fitna (sedition). Allah (SWT) says what can be translated as, "O you who have believed, in case an immoral (person) comes to you with a tiding, then (ascertain) the evidence…" (TMQ, 49:6). Abu-Ja'far did not ascertain the evidence; rather, he became very angry with Imam Malik, and sent him a message asking him to change the fatwa, but Malik refused to do so. Abu-Ja'far then asked him to announce to the public that the Caliph was not the one meant by the fatwa, but Malik refused that as well because it meant that he would give up his neutrality. Abu-Ja'far became fierce, and ordered that Malik should receive 100 lashes.
At this point, Imam Malik could have started a revolution to avenge himself. But he did not which showed that he really wanted to be neutral, and that he did not want to cause disorder and bloodshed among Muslims. Afterwards, Abu-Ja'far realized that he was mistaken and that Malik was innocent so he wanted to apologize to him. He went to Madinah, and visited Malik in his home and asked him, "What do you request from me?" Imam Malik replied, "I want you to visit the houses of all the people in Madinah, offering them money and kissing their children." By this, Imam Malik wanted the people of Madinah to like Abu-Ja'far and to bring them together. Abu-Ja'far did so, and then offered Malik some money as well. However, Malik refused to take it saying that he had enough. To Malik's surprise, Abu-Ja'afar indicated that he knew that Malik was in need of the money because it was his job to look after his people.
After that incident, Imam Malik started accepting money and gifts from Caliphs. These gifts became his main source of income. In addition to this, he wanted to "co-exist" with the Caliphs, and refusing their gifts would have been perceived as an act of rejection.
Another story tells of one time when the Caliph, Harun al-Rasheed made an oath and then took it back. All Islamic scholars told him that all he needed to do was to free a slave in order to expiate himself of that oath, according to the ayah that can be translated as, "Allah does not take you to task for an idleness in your oaths, but He takes you to task for whatever contracts you have made by oaths. So the expiation thereof is the feeding of ten indigent persons with the average of that wherewith you feed your own families; or their raiment; or the freeing of a neck. (i.e., a slave) Yet, for him who does not find the (means), then (the expiation is) the fasting for three days…" (TMQ, 5:89). However, Harun al-Rasheed wanted to know Malik's opinion, who said that he should fast three days! Harun al-Rasheed argued that he was not poor and could afford to free a slave, but Malik rationalized his fatwa saying that all the slaves and money Harun al-Rasheed possessed actually belonged to the people and that he did not have the right to dispose of what he did not own himself.
<b>Imam Malik's Death</b>
Imam Malik lived for 86 years (or 92 years – according to some reports). Before he died, he asked one of his students, "What do people say about me?" The student replied, "They are either friends who praise you or enemies who condemn you." Malik thanked Allah for that. When he was asked why, he said that he did not want to have all people as friends so that he would not become too vain, and he did not want all people to be his enemies so that they would not testify against him before Allah on the Day of Judgment.
As he was dying, Imam Malik was asked how he was feeling. He said, "I do not know what to tell you, but some day, you will experience the sweetness of Allah's forgiveness exactly as I do now." He wanted to make things easy for people even while he was dying. He kept repeating Allah's name "al-'afuww" (The Effacer of sins) until he died. He died leaving three sons, one daughter and 3000 dirhams. It is said that Malik was the only one mourned by the people of Madinah as much as they mourned the rightly guided Caliphs. His death reminded them of the death of the Prophet (SAWS). Imam Malik was buried in Al-Baqi'[8], next to Ibrahim, the Prophet's (SAWS) son.
That was the story of Imam Malik. He paved the way for the Science of Hadith and Islamic Jurisprudence; for al-Bukhary and ash-Shafi'y. I ask Allah to gather us with him in jannah (Paradise), to enable us to learn from him how to co-exist with each other, and to resolve our conflicts.
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[1] The word Allah is the Arabic term for God. Although the use of the word "Allah" is most often associated with Islam, it is not used exclusively by Muslims; Arab Christians and Arabic-speaking Jews also use it to refer to the One God. The Arabic word expresses the unique characteristics of the One God more precisely than the English term. Whereas the word "Allah" has no plural form in Arabic, the English form does, and the word “Allah” in Arabic has no connotation of gender. Allah is the God worshipped by all Prophets, from Adam to Noah, Abraham, Moses, Jesus and Muhammad.
[2] SAWS = Salla Allah alayhe Wa Salam [All Prayers and Blessings of Allah be upon him].
3 Islamic jurisprudence
[3] Verses in the Qur'an
[4] The Prophet’s actual sayings or actions as narrated by his companions.
[5] TMQ=Translation of the Meaning of the Qur'an. This translation is for the realized meaning, so far, of the stated (Surah:Ayah) of the Qur'an. Reading the translated meaning of the Qur'an can never replace reading it in Arabic, the language in which it was revealed.
[6] RA = May Allah be pleased with her.
[7] SWT = Subhanahu wa Ta'ala [Glorified and Exalted Be He].
[8] The cemetery of the people of Madinah, near the Prophet's Mosque
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