فقہ مالکی کی امتیازی ادلۃ اجتہاد علمائے اصول فقہ کی آراء کی روشنی میں

The Distinguishing Argument of Maliki Jurisprudence In the light of the views of the scholars of the Principles of Jurisprudence

Abstract

Imam Malik, a great scholar of Hadith as well as renowned Islamic jurisprudent, founded the Maliki fiqh. One of the distinctions of this fiqh is that the consensus Ahle Madina is considered to be a law, and the legislators seek guidance from those precedents of community consensus during temporal and spatial interpretations of Islamic laws. Besides this, the Ummah consensus as a whole is also regarded as to be the authority. However, in case of any mismatch between the community consensus and active narrations, the Maliki fiqh always prefers the Ahle Madina consensus. So, is the case with the practices of the people of Madina. Therefore, the Maliki scholars would prefer the practices of Ahle-Madina to personal opinion. Not only this, the practices of Ahle Madina can also override a Hadith that has only one reporter. The main sources of derivation of the Islamic laws in Fiqh-e-Maliki are Masaleh Mursilah and Sadd. Some of the important books for deriving Islamic principles in Fiqh-e-Maliki are “Mukhtasarul Muntahaa”, “Yalmukhtasar-ul-Assuli”, “Tanqeeh-ul-Fussul fi Ikhtisarul Mahsul fil-Assul”, “Miftahulwassul ela Bina-el-Fruhh alal-Assul” and “Kitaabul Minhaj fit-Tarteebil Hujaj”.