النص المفهرس

Ibn Umar, 'A'isha and other Companions. He learned the fatwas of Ibn al-
Musayyab and other great Tabi'un. Their fatwas are the source of much of
Maliki figh.
Thirdly he learned fiqh ar-ra'y (understanding by mental perception) from
Rabi'a ibn 'Abdi'r-Rahman who was known as Rabi'a ar- R a ' y. It is
evident that the method he learned from Rabi'a was not the same as analogy.
Its basis was harmonisation of different texts with the best interests of people
and how they could best be benefited. That is why, according to a l - M a d a
rik, "Malik was asked whether they used to use analogy in the assembly of
Rabi'a and discuss a lot with one another. He said, 'No, by Allah."" From this
we can see that Malik did not understand fiqh ar-ra'y as meaning opinion in
which there is a lot of analogy and analysis because that might have led to
involvement in the kind of hypothetical fiqh which was so common in Iraq
and which resulted
1. The Tabi'un or 'Followers' are the generation after the Companions of the Prophet and the
Tabi'i't-Tabi'in or 'Followers of the Followers' are the third generation.
from the excessive use of analogy. Rabi'a's basic principle was the best
interests of the people.
Fourthly he learned the h a d i t h s of the Messenger, may Allah bless him
and grant him peace; he sought out all who transmitted the Messenger's
words and selected the most reliable among them. He was given great insight
into men's understanding and the power of their intellects. It is reported that
he said, "This knowledge is vital to the Deen, so look to the one from whom
you take it. I have met seventy people who said, 'The Messenger of Allah,
may Allah bless him and grant him peace, said' within these pillars," and he
pointed to the mosque, "and I did not take anything from them. Had any of
them been entrusted with a treasure, they would have proved trustworthy, but
they were not worthy to undertake this business."
Malik's sessions of teaching and giving legal rulings
After Malik completed his studies he took a place in the mosque of the
Prophet to teach and give fatwas. There is no doubt that he used to sit in the
place of those Tabi'un and their followers to whom people came from east
and west. This must mean that he had both great knowledge and also the

respect and esteem of the people and that made him the focus of students of
fiqh and those who sought fatwas on many different subjects. This is why he
said to clarify his position when he set up to teach and give fatwa: "No one
who desires to sit in the mosque to teach hadith and fatwa can do so until he
has consulted people of soundness and excellence and the people in charge of
the mosque. Only when they consider him worthy of it may he sit there. I did
not sit until seventy shaykhs of the people of knowledge had testified that I
was ready to do so."
A man came to ask Malik about something and Ibn al-Qasim promptly gave
him a f a t w a. Malik turned on him with an angry expression and told him,
"You dare to give fat w a, 'Abdu'rRahman? I did not give a fatwa until I
had asked myself whether I was ready to do so." When his anger had abated,
he was asked, "Whom did you ask?" He replied, "Az-Zuhri and Rabi'a."
There are sound reports that Malik did not think anyone should give fatwa
until he was fully mature. He applied that to himself: he did not give fatwa
until he was mature and seventy reliable men had testified to his readiness to
do so.
The question arises how old he was when he began to give fat w a s . There
are no sound reports mentioning his age at that time and we must assume it to
be the age of full manhood. No one reached the level of being able to give
fatwa in the midst of those profound scholars before reaching manhood. It
would not have been correct for a young boy, however great his reputation
and intelligence, to sit to teach hadith and give fatwa in the Mosque of the
Prophet, may Allah bless him and grant him peace, and in the midst of those
great shaykhs who were teaching. But there are some partisan Malikis who
insist on saying that he started teaching and giving fatwa when he was only
seventeen years old, and it appears that they mean to make something
miraculous of it.
As regards his age, they rely on a report ascribed to Sufyan ibn 'Uyayna who
said: "A question passed around the assembly of Rabi'a. Malik was asked
about it, and Rabi'a spoke some critical words. Malik left in anger and sat
alone at the Dhuhr prayer and people sat with him. After Maghrib had been
prayed, there were fifty or more gathered around him. In the morning there
were many. He was seventeen at the time."

We do not accept this report. That is because no one of seventeen would have
had the necessary importance to be able to carry that off. It is inconceivable
that people would have left Ibn Shihab, Nafi' and others of their stature for a
mere lad. Furthermore, we find various other things which refute this report.
It is mentioned that the reason that Malik sat to give fatwa was that he had
left Rabi'a's assembly in anger although the sound transmissions say that
before he sat to teach and give fatwa he had consulted his shaykhs, among
whom he mentioned Ibn Shihab and Rabi'a. So Rabi'a was one of those who
gave him permission to sit to give fatwa. This does not tally with the story
that the reason he sat to give fatwa was that he became angry with Rabi'a.
We think that he did leave Rabi'a but did not sit to give fatwa immediately.
That was not because of criticism but because of a disagreement between
them; and he was not seventeen at the time.
There are sound traditions about his staying with Ibn Hurmuz for seven or
eight years and then going to others for similar periods. The reason why
Malik stayed with Ibn Hurmuz has already been mentioned: his father asked
him a question which he was unable to answer correctly while his brother
was right. It is unlikely that he would have been criticised for being wrong
while under the age of ten. Thus he was at least ten when he went to study
with Ibn Hurmuz, and he spent seven years with him so that his age at the end
of that time would have been at least seventeen. So when did he study with
his other shaykhs, since he said that he was with Ibn Hurmuz alone for seven
years?
Sound transmissions state that he did not sit to give fatwa until after he had
consulted seventy of his shaykhs. It is not reasonable to suppose that seventy
shaykhs could have given an i j a z a f o r fatwa and hadith of the Messenger
of Allah, may Allah bless him and grant him peace, in the mosque of Madina
to a lad of seventeen, unless there were miracles to support him. That may be
why the people who say this added various miraculous events in their
accounts of Malik's life.
Other sound transmissions mention that he was in Rabi'a's company when he
first met Ibn Shihab, and that it was Rabi'a who told Malik to repeat by heart
the ha dith s he had heard from Ibn Shihab when he criticised him for not
writing them down. There is no doubt at this stage that he had not yet sat to

give fatwa because he had not learned the necessary number of hadiths to
make him a fa q i h who was famous for his complete knowledge of tradition
before he sat with Ibn Shihab; and there are many reports about how often he
went to Ibn Shihab.
The reports that mention Malik teaching while Nafi' was still alive are unsure
as to whether it is Nafi' or Rabi'a who is intended. Nafi' died in 117 and
Rabi'a in 136. The transmission that he gave fatwa a year after Nafi"'s death
is more likely. So we do not know precisely at what age he first sat to teach.
We can say that he was mature and that it was while Rabi'a was still alive.
Rabi'a died in 136 and Malik was born probably in 93, so he would have
been forty-three when he died. He was giving fatwa before that.
Malik did not continue to study with Rabi'a until his death. He left him
because of a disagreement with him about certain opinions which he disliked
in some of his fatwas. We read in the letter al-Layth wrote to Malik:
There was a disagreement with Rabi'a about something which happened. I
knew about it, being present, and heard what you said along with what was
said by those qualified to give an opinion among the people of Madina:
Yahya ibn Sa'id, 'Ubaydullah ibn 'Umar, Kathir ibn Farqad, and many others
senior to Rabi'a. Eventually what you disliked in his assembly compelled you
to leave it. I remember some of the criticism you and 'Abdu'l-'Aziz ibn
'Abdullah had about Rabi'a concerning that matter, and you two were among
those who agreed about the same thing I disapproved of. You dislike what I
dislike. In spite of that, Allah be praised, Rabi'a is an excellent man and has a
fine intellect, an eloquent tongue, clear virtue, an excellent path in Islam, and
true love for his brothers. 1
This makes it clear that Malik left Rabi'a's assembly of because of a
disagreement with him about something he related which was contrary to
what one of the Tabi'un had passed down. It is not strange that Malik should
have a separate teaching group during the lifetime of Rabi'a if both of them
had a different opinions. But the main point is that Malik reached an
appropriate age to teach and give fatwa during Rabi'a's lifetime.
Malik sat to teach, once he was mature and adult, in the Mosque of the
Messenger of Allah, may Allah bless him and grant him peace, and gave

fatwa there. Students of hadith related from him. He sat in the Mosque of the
Prophet, in the seat where 'Umar ibn al-Khattab had sat for consultation and
judgement. It is as though by choosing that spot, Malik were preferring
'Umar and
1. From the version of al-Layth's letter in I'lam al-Muwaqqi'in by Ibn alQayyim.
giving precedence to his fatwas which Ibn al-Musayyab and other Tabi'un
related from him. It was as if the physical was inspired by the spiritual. The
same might be said to have applied to the where place he lived, since he lived
in the house of 'Abdullah ibn Mas'ud. According to one report, "The house
in which Malik ibn Anas lived in Madina was the house of 'Abdullah ibn
Mas'ud. His place in the Mosque was that of 'Umar ibn al-Khattab."
Malik lived surrounded by the traces of the Ta b i ' u n a n d Companions,
and he learned the fatwas of the Companions from the Ta b i ' u n and singled
out those whose opinions were best. He investigated the reports of 'Umar and
Ibn Mas'ud and other fuga ha' of the Companions, studying their cases and
rulings. He was eager to learn precedents in order to follow what had gone
before and not to innovate. He thought that the actions, weights, measures,
waqfs and reports of the people of Madina were sufficient to illuminate any f
a q i h who followed their guidance and borrowed from their light.
According to most reports Malik ibn Anas died in the year 179. He had many
students and his fiqh spread and wide and there are many stories about him.
He did not stay teaching in the mosque for his entire life but moved his
teaching circle to his house when he became ill with incontinence, as some of
the transmitters mention. All agree that he was ill and for that reason moved
from the mosque to his house and ceased going out to people. However, he
did not cease studying, speaking, teaching and giving fatwa.
It is reported in ad-Dibaj that "Malik used to come to mosque and attend the
prayers, Jumu'a, and funerals, visit the sick, and sit in the mosque; and his
Companions would join him there. Then he ceased to sit in the mosque. He
did not attend funerals but would go to his companions and console them.
Then he ceased doing even those things. He did not attend the prayers in the
mosque or go to Jumu'a or go to console anyone. But he continued to see
people until he died." Most people agree that he died in 179, on the night of

the 14th of Rabi' ath-Thani, at well over eighty years of age.
Malik's way of life and relationship with the rulers of
the time
While discussing Malik's life, we must mention his livelihood, his studies
and his relationship with the rulers of his time, his behaviour towards them
and the difficulties he suffered at their hands. We will first discuss his
livelihood. The books do not mention how Malik earned his living but there
are various reports which shed light on it. Scholars have noted that his father
made arrows. Did his son follow this craft, as often happens in many
families? The books do not mention that he did so: in fact, they indicate
otherwise.
There are many reports that he devoted himself completely to knowledge at
an early age. That was not new in his family. His grandfather and uncles were
noted transmitters of hadith and tradition. Since he turned to knowledge when
young, it seems most unlikely that he became an arrow-maker.
We find that the books mention that Malik's brother an-Nadr traded in cloth
and Malik became a partner with him and traded in it. There is nothing to
prevent someone combining commerce and the quest for knowledge. An-
Nadr himself was one of those interested in knowledge and seeking hadith. It
seems likely that Malik earned some money from commerce and indeed that
is explicitly stated in some books. Ibn al-Qasim, his student, said that Malik
had four hundred dinars with which he traded to support himself.
This, then, was the probable source of Malik's basic livelihood. In addition to
this, he accepted gifts from the khalifs. He had no doubt that it was lawful to
accept such gifts, whereas Abu Hanifa, his contemporary, was unsure and did
not accept gifts from khalifs. Although Malik did not refuse to take gifts from
khalifs, he would not take from lesser officials. When asked about taking
from khalifs, he said: "There is no harm in taking from the khalifs. There is
some doubt about those under them."
Some people made much of his acceptance of these gifts. It is related that ar-
Rashid allotted him 3000 dinars and he was asked, "Abu 'Abdullah! Do you

take 3000 from the Amir al-Mu'minin?" Malik replied, "If it is the amount
which he would have given if he had a just Imam who was equitable to the
people of virtue, I do not see any harm in it." It is clear that he accepted it to
preserve his manliness and to satisfy his needs and what his social position
demanded to enable him to look after the requirements of poor students and
satisfy the needs of the poor. He accepted the gifts of the khalifs with that
intention. It is clear that his intention in doing this was entirely good. That
was why he forbade others from accepting such gifts: out of the fear that they
would not have the same intention. He was often asked about the gifts of the
Sultan and he told the enquirer, "Do not take it." But you take it," people
would object. He said, "Do you want to burden me with my wrong action and
your wrong action?"
Early in his life as a teacher he was in great hardship, to the extent that his
daughter sometimes wept out of hunger. He once admonished the khalif, al-
Mansur, telling him to look into the circumstances of the people. Al-Mansur
said to him, "Is it not the case that when your daughter weeps from hunger
you make your servant move the millstone so that the neighbours will not
hear her?" Malik said, "By Allah, no one knows this except Allah."
AlMansur asked him, "Could I know this and not know the state of the
people?"
It is clear that this hardship was the result of devoting himself to knowledge
and neglecting his livelihood. This was so much the case that Ibn al-Qasim
said, "The quest for knowledge compelled Malik to dismantle the roof of his
house and sell the wood in it. Then later on this world inclined towards him."
In both states he praised Allah for His blessings.
Qadi 'Iyad said, "There are many different stories which we have told and
will tell about his different states in respect of this world. It varied with time
and indeed states change, for the state of a man at the beginning of his life is
different from his state at the end. Malik lived for nearly ninety years and was
an Imam for some seventy of them who related hadiths, who gave fatwa, and
whose words were listened to. His states changed continually and he acquired
increasing majesty. He advanced every day in his excellence and leadership
until his death. He was unique for years and obtained the leadership of the D
e e n and this world without dispute. Do not object then to any report you
may hear about his different states. Allah is the One who gives success." (ad-

Dibaj, p. 110.)
After Allah expanded his livelihood he lived a more comfortable life and the
blessing showed on him in his food, dress and lodging. He said, "I do not like
a man whom Allah has blessed not to show the effect of the blessing on him,
especially the people of knowledge." He used to say, "I like it when a Qur'an
reciter wears white garments."
As for his food, he did not eat the cheapest type of food. He sought the best
without being extravagant. He ate a great deal of meat. Meat was cheap in the
Hijaz and he was keen to eat two dirhams' worth of meat a day. He enjoyed
food and liked to choose between its varieties. He liked bananas and said
there was nothing closer to the fruit of Paradise than them.
He was concerned with his dress, preferring white, and used to wear new
clothes. According to Tartib al-Madarik: "Malik used to wear good garments
from Aden and Khorasan, and white Egyptian garments of fine quality. He
put on fine scent and used to say, 'I do not like anyone to be given blessings
by Allah and then not see the traces of His blessing on him, particularly on
scholars.'"
In his home, he was concerned with its furniture and decoration and aimed
for things that make for comfort, such as carpets and cushions on which to
sit. Part of his concern for such things was to give ease and encourage
tranquillity and to delight the eye and calm the mind. He liked perfume like
musk and other scents.
Malik's Teaching
Malik taught first in the mosque and then later in his house and, as we have
already heard, the reason for that move was the illness which he did not make
public. When teaching Malik had gravity and tranquillity and was far from
frivolity and any behaviour not fitting to knowledge. He did not think that
frivolity should accompany the seeker of knowledge. It is related that he
advised one of his nephews, saying, "It is a duty for anyone who seeks
knowledge to have gravity, tranquillity and fear. He should follow in the
footsteps of those who have gone before. The people of knowledge should

dispense with joking, particularly if they have some renown in knowledge."
He took strong account of himself so that he remained giving lessons and
relating hadiths for more than fifty years. Not a single laugh is recounted
from him in all this time, such were his gravity and fear throughout all those
years. That was not due to any acerbity in himself or his nature. He forced
himself to be serious out of respect for teaching and hadith. One of his
students said, "When Malik was with us, it was as if he were one of us. He
was cheerful with us in conversation and we had the greatest humility
towards him. When he began the hadith, his words filled us with awe. It was
as if he did not recognise us and we did not recognise him."
He had noble behaviour in all his scholarly states, whether he was giving f a t
w a or relating ha dith s. When he taught h a d i t h, he would always
perform wudu' and prepare and put on his best garments and sit on the dais.
One of his students said, "When people came to Malik, his slavegirl went out
to them and said to them, 'The shaykh asks you, "Do you want hadith or do
you have questions?" If they said, 'Questions,' he would come out to them
and give them fatwas. If they said, 'Hadith,' he would tell them, 'Sit down,'
and he went into the bathroom and performed a major ablution, he put on
some scent and a turban on his head and a dais would be set out for him. He
went out to them dressed and scented, full of humility. He burned aloes wood
until he had finished relating the h a d i t h s of the Messenger of Allah, may
Allah bless him and grant him peace."
When he taught in the mosque, whoever wished could listen to him and no
one would be expelled, even if he did not observe the proper behaviour in
listening. When he was in his house, he first selected his companions for
study and then after that he gave permission for the common people to come
and he would relate to them. He related to each according to their ability.
People from every land came to visit him during the Hajj season, and so
during the festival he commanded his doorman to give permission first to the
people of Madina, then to all people, and sometimes, if there was a large
crowd at his door, to people from particular areas by turn. Al-Hasan ibn ar-
Rabi' says in al-Madarik, "I was at Malik's door, and a caller called out, 'Let
the people of the Hijaz enter.' Only they entered. Then he called for the
people of Syria, and then the people of Iraq. I was the last to enter. Hammad

ibn Hanifa was among us."
There are two further important points to add when discussing Malik's
knowledge. The first is that Imam Malik was concerned in his teaching only
to talk about things that had actually happened and not to theorise about what
had not happened. Sometimes his students tried to make him answer
theoretical questions because their intellectual eagerness and desire to apply
the basic principles moved them to go beyond actual events and into the
realms of surmise and conjecture. Malik did not pay any attention to them.
He stopped with real cases. Once man asked him about a theoretical situation
and he replied, "Ask about what exists and leave what does not." Another
asked him and he did not answer. He was told, "If you had asked him about
something that would benefit you, he would have answered you."
His student Ibn al-Qasim said, "Malik used almost not answer us at all, and
so his companions would resort to tricks. A man would present a question the
answer to which they wanted to know as if it were a question of urgency, and
he would answer it." He was wary on two counts: firstly, that people's
tendency to hypothesise and theorise might lead them beyond the proper
scope of thought and logic, which in turn might lead to opposing some
traditions and giving fatwa without knowledge or authority from the Book or
Sunna; and secondly because giving f a t w a is a test and trial of the
scholar whose only goal is to guide people in their actions.
In his fat w a s, Malik was afraid of erring and so he gave few answers
because he knew that this knowledge is the deen and it is not valid to speak
about the de e n without evidence. He would begin his answer by saying,
"What Allah wills. There is no strength except by Allah." He often said, "I do
not know." He would often follow a fatwa by stating, "This is simply an
opinion and we are not certain."
Ibn Mahdi said, "A man asked Malik about a question and he mentioned that
he had been sent for that purpose on a six-month journey from Morocco.
Malik told him, 'Tell the one who sent you that I have no knowledge of it.'
He said, 'Then who knows it?' He said, 'Whomever Allah has taught about
it.'"
A man asked him about a question which the people of the Maghrib had

entrusted to him. He said, "I do not know. We have not been tested with this
matter in our land and have not heard any of our shaykhs speak about it, so
you can go back." The next day the man came and he had loaded his baggage
on a mule he was leading. He said, "My question?" Malik said, "I do not
know. What is it?" The man said, Abu 'Abdullah! I have left behind me
people who say that there is no one on the face of the earth with more
knowledge than you!" Malik replied without any distaste, "When you return,
tell them that I do not think that it is true."
The second thing is that it must be clarified whether or not his companions
wrote down his f a t w a s and whether or not they recorded what he dictated
them to them. There is no doubt that in his relating hadith Malik relied on
what he had heard and written down from the transmitters who taught him.
He wrote down the hadiths of the Messenger of Allah, may Allah bless him
and grant him peace, listening without that weakening his memorisation of
them. He both memorised and recorded them.
It is evident that in respect of hadiths he encouraged his companions to do
what he had done. He wrote down hadiths and presented them to them. They
were read to them in his presence and his student Habib would read the
hadith back to him. If he erred in the reading, Malik stopped and corrected
him. Writing down the hadiths and reading them back in this way was the
best way to preserve them.
As for writing down his fatwas, it is clear from the collection of reports that
survived that he used to encourage his students to write them down and did
not prevent them from doing so. Sometimes he objected to them writing
down everything he said.
Ibn al-Madini said, "I asked Yahya, 'Did Malik dictate to you?' He replied, 'I
used to write in his presence."" His student Mus'ab said, "Malik would see a
man writing in his presence and he did not forbid him but he did not answer
him nor let him consult him." This indicates his dislike for much of what his
students wrote from him. His student Ma'n said that he heard Malik say, "I
am a man who is sometimes right and sometimes wrong. Not all that I say
should be written down." Ashhab said, "He saw me write down his answer to
a question and he said, "Do not write it down. I do not know whether I will
remain firm in it or not."

So it is clear that Malik disliked his students' writing down all that he said
and did not want all his fatwas to be written down, for fear that he might later
retract some of them. When he gave a fatwa about a question and was
completely satisfied with it or followed it with a definitive text on it or a clear
hadith confirming its judgement he did not forbid it being written down. But
when he answered a question and was not sure of the absolute soundness of
the fatwa, he forbade that it be written down.
Malik's relationship with khalifs and governors
As Malik was born in 93/712 and died in 179/795, he saw both Umayyad and
Abbasid governments during the course of his life. Umayyad and Abbasid
governments during the course of his life. 96/705-715) so he only
experienced dynastic and hereditary rule. He saw that those who rebelled
against the government were no more just than those they rebelled against
and that rebellion entailed chaos, loss of life, and injustice.
The khalifate of 'Umar ibn 'Abdu'l-'Aziz (99-101/717-720), for whom Malik
had great respect, coincided with his late childhood. Malik regarded him as a
true example of good governance, taking 'Umar ibn al-Khattab as his model.
'Umar ibn 'Abdi'l-Aziz took care of people's rights and protected their
honour, lives and property. Unfortunately, his rule did not last long. The
khalifs after him did not behave so well and the community experienced
hardships.
Malik saw those rulers; he also saw the rebellion of the Kharijites and the
uprising of the 'Alawites" and the damage which 1. This was the Shi'ite revolt
against the Abbasid khalif, al-Mansur, in 762/145 in the Hijaz and Basra led by Muhammad
the Pure Soul and his brother
that inflicted on the Muslim community without it resulting in any benefit or
justice whatsoever. He learned from the mouths of his shaykhs who had
witnessed past events; he heard accounts of the events from them and how
after the Battle of Harra (63/683) Madina, the sanctuary of the Prophet, had
been violated and the children of the Ansar humiliated and shackled in
chains. This was a result of the civil war between Ibn az-Zubayr and 'Abdu'l-
Malik and the battles in which the H a r a m of Allah was violated, the Ka'ba
bombarded, and the whole Hijaz devastated.

That was why Malik did not think that people should revolt against their
rulers, even if they were unjust, because the evils of civil war and unlawful
shedding of blood were so much worse. In such cases, "the one who sits is
better than the one who stands, and the one who stands is better than the one
who runs," as Abu Musa al-Ash'ari reported from the Prophet, may Allah
bless him and grant him peace.
When he was nearly forty years old he witnessed an uprising by the
Kharijites in the Hijaz. Abu Hamza al-Khariji attacked while the hajjis were
at 'Arafa and the Kharijites made a truce with the governor of Makka until
the people had departed. A group of noble hajjis went to him which included
Rabi'a ibn 'Abdu'rRahman, Malik's shaykh. They made a peace agreement.
Then in 130/746 Abu Hamza entered Madina after a battle between him and
the people of Madina and killed many of them, especially Qurayshites.
Through all the turmoil and upheavals, Malik clung to the community: he did
not consider that people should cease obeying their ruler and did not move to
rebellion nor did he abet it. Nor did he call people to support the governors
and khalifs of the time. He sought to remain neutral and did not rally people
to anyone when rebellion or unrest occurred. He did not think that the ruler
was acting in accordance with the laws of Islam and the guidance of the
Qur'an, but he was content with obedience because of the great good there
was in it. At the same time he did not countenance wrongdoing on the part of
the rulers, but his resistance to injustice
Ibrahim respectively. They were descendants of al-Hasan ibn 'Ali.
was achieved through admonition and speaking the truth. It was the task of
the scholars to teach the people these things.
He was asked about fighting those who revolted against the khalif and he
replied, "Only if they attack someone like 'Umar ibn 'Abdu'l-Aziz." "And if
he is not like him?" came the response. "Leave them," Malik is said to have
replied, "Allah will punish the unjust by means of the unjust and then take
revenge on both of them." It is not clear which dynasty he was speaking
about, but the Abbasids were ruling at that time.
Some of Malik's views on these matters were recorded for posterity. One of
the 'Alawites asked him, "Who is the best of people after the Messenger of

Allah, may Allah bless him and grant him peace?" He replied, "Abu Bakr."
The 'Alawite said, "Then who?" Malik said, "Then 'Umar." The 'Alawite
said, "Then who?" Malik replied, "The wrongfully slain khalif, 'Uthman."
Mus'ab said that after he mentioned 'Uthman, he was asked, "Then who?"
He replied, "People stop here. These are the best of the Companions of the
Messenger of Allah, may Allah bless him and grant him peace. He put Abu
Bakr in charge of the prayer and Abu Bakr chose 'Umar. 'Umar gave the
choice to six men and they chose 'Uthman. Therefore people stop there." He
added in one variant, "Someone who seeks leadership is not equal to
someone who does not seek it."
From this it is clear that Malik placed Abu Bakr, 'Umar and 'Uthman at a
higher rank than the other Companions and ranked 'Ali with the rest of the
Companions. In that respect Malik differed from two other contemporary
Imams, one older who died before him - Abu Hanifa - and one younger than
him - his student ashShafi'i. Abu Hanifa did not consider 'Ali to be on the
same level as the rest of the Companions but elevated him to the rank of the
rightly-guided, advancing him in rank over 'Uthman. Ash-Shafi'i proclaimed
his love for 'Ali and deemed that his opponents were rebels so much so that
he was suspected of being a Shi'ite. Nevertheless he put Abu Bakr above
'Ali.
Why did Malik not give 'Ali this rank and stop at 'Uthman, saying, "After
him people are equal" if 'Ali was not like the rest of the people? It was not
that Malik was ignorant of 'Ali's personal virtues, which he fully
acknowledged, but he was responding to a question related to khalifate. There
are a number of justifications for his answer, even if one may not agree with
it. In his view, 'Ali sought the khalifate and so was not of the same rank as
those who did not seek it. One transmission has, "Someone who seeks
leadership is not like someone who does not seek it."
Further, the khalifate of Abu Bakr was by command of the Prophet, may
Allah bless him and grant him peace, and the khalifate of 'Umar was the
choice of Abu Bakr whom the Prophet had put in command. 'Uthman was
chosen by the six to whom 'Umar delegated the duty of consultation. 'Ali
was chosen by the murderers of 'Uthman; and hence his selection was not
like that of his predecessors. Finally, Malik was a realist in his view of
matters: he judged by actions and nothing else. The period of 'Ali as khalif

was full of wars and disturbances, something which Malik hated.
Some of Malik's contemporaries remarked that he did not relate many
hadiths from 'Ali and Ibn 'Abbas, and for that reason he was suspected of an
Umayyad bias. He was asked about that and answered that he had not met
their companions and so could not relate from them. He related from those
who had met other Companions. The person who asked was Harun ar-Rashid.
We find in the commentary on the M u wa tta ' by az-Zurqani: "Ar- R a s h
i d said to Malik, 'We do not see either 'Ali or Ibn 'Abbas mentioned in your
book.' He responded, 'They were not in my home town and I did not meet
their transmitters."""
'Ali ruled from Iraq during the last part of his life and he is buried there. Ibn
'Abbas had his school in Makka where he taught, concentrating on tafsir.
This is why transmitters from 'Ali and Ibn 'Abbas were numerous in Iraq and
Makka but few in Madina.
Malik was also one of those who did not delve into politics or rebellions and
was disturbed by civil unrest. He accepted the gifts from khalifs. If he was
inclined to the Umayyads, that did not move him to either word or deed in
their favour.
Malik's ordeal at the hands of al-Mansur
Although Malik kept himself apart from all rebellions and any
encouragement of them and from seditions and any involvement in them, he
was nevertheless forced to undergo an ordeal in the Abbasid era, during the
reign of al-Mansur. Historians agree that this took place and most say it was
in 147/763. He was whipped during this ordeal and his arms were racked to
the point that his shoulder became dislocated. There is disagreement about
the reason for this event and three theories have been advanced as to why this
outrage took place.
The weakest theory is that Malik openly stated his opposition to the Abbasids
with regard to temporary marriage and stated that it was unlawful. This report
is not reliable because the sources that mention it say that it took place in
Baghdad and it is not known that Malik ever left the Hijaz. It is also weak

because all scholars except for the Shi'ites agree that temporary marriage is
invalid.
The second theory mentioned by historians is that Malik preferred 'Uthman
over 'Ali and people reported him to the governor of Madina for doing so.
This is found in the text of Ta rtib alM a dar ik , which states: "Ibn Bukayr
said, 'Malik was flogged purely because he preferred 'Uthman over 'Ali. The
Talibites did give up until he was flogged."" It was said to Ibn Bukayr, "Yo u
d i ffer from your companions. They say it was about the allegiance." He
replied, "I know better than my companions." It is unlikely that al-Mansur
would have punished a faqih for a fatwa of this nature at that time.
The third well-known theory is that the punishment meted out to Malik was
on account of his recounting the hadith, "There is no divorce for anyone who
is compelled." People involved in the rebellion are supposed to have taken
this as proof of the invalidity of oaths of allegiance made to al-Mansur under
duress. This happened at the time the rebellion was in progress. Al-Mansur
forbade Malik to relate it and then someone enticed him into relating it and so
he was beaten. It is also related that he gave a fatwa about giving allegiance
to Muhammad ibn 'Abdullah (the Pure Soul).
It seems most likely that he was in fact flogged for relating this hadith at the
time of the rebellion in Madina, though he did not do so for the reason
attributed to him. We believe that he related it and people transmitted it from
him and others found that they could use it to throw off their allegiance to al-
Mansur by claiming that it was only given under duress. Ibn 'Abdu'l-Barr
said, "Malik was summoned, consulted, listened to, and his statement
accepted and people objected to him and envied him. When Ja'far ibn
Sulayman was appointed over Madina, they spoke to him a lot about Malik
and said, 'He thinks nothing of oaths of allegiance made to you. He accepts
the h a d i t h related from Thabit ibn alAhnaf about forced divorces not being
allowed ... "
This indicates the existence of schemers depicting Malik as a rebel by
relating this hadith. So it seems likely that the reason for his punishment was
that he related this h a d i t h at a time of civil unrest and the rebels used it to
encourage people to go out, exploiting the position of Malik in knowledge
and fat w a. This understanding agrees with the statement of the majority

and is also consistent with what is known of Malik throughout his life. He did
not encourage rebellion nor did he conceal knowledge.
To sum up, after consulting various sources, the reason for the ordeal was his
recounting that particular hadith at the time of the rebellion while certain
people were working against him. How did it happen? Many transmitters say
that it came from the governor of Madina, Ja'far ibn Sulayman. The question
is whether al-Mansur had a hand in it or not. Sources, including Tartib al-
Madarik, indicate that the governor did it without the knowledge of al-
Mansur because it happened after the sedition had occurred.
It is clear that when the people of Madina saw their Imam subjected to this
punishment they were incensed against the Abbasids and their governors,
especially since it was unjust. Malik had not encouraged sedition or rebellion
nor had he exceeded the limits of fatwa, and he did not alter his course before
or after the injury was inflicted. He continued to teach and did not encourage
unrest. That increased the people's rancour against their rulers. The rulers
began to regret what they had done, especially al-Mansur. A favourable
opportunity to make amends transpired when the khalif came to the Hijaz on
h a j j. He went to Malik to apologise. The event was reported by Malik:
When I came to Abu Ja'far (al-Mansur), and he obliged me to come to him at
the Festival, he said to me, 'By Allah, there is no god but Him, I did not
desire what happened nor did I know of it. The people of the two H a r a m s
(Makka and Madina) will continue to profit so long as you are among them. I
believe that you are a security for them from the punishment of Allah and
that Allah has lifted a terrible blow from them because of you. They are the
swiftest of people to rebel and I have commanded the enemy of Allah (the
governor who ordered the punishment) to be brought from Madina to Iraq on
a pack-saddle. I have ordered him to be imprisoned and humiliated. I must
give him a punishment many times more than what you received from him!' I
said, 'May Allah preserve the Amir al-Mu'minin and increase his reward! I
declared him free of responsibility for what happened and have said to him
that I have pardoned him for it because of his kinship with the Messenger of
Allah, may Allah bless him and grant him peace.' He said to me, 'And you,
may Allah pardon you and your relations."

Malik's admonition and counsel to the khalifs
Malik did not think that the khalifs of his time were ruling according to the
laws of Islam; but nor did he think that it was permissible to remove them by
force, because the result of civil strife was inevitably corruption and disorder.
He therefore considered it his duty to guide the khalifs and reform them
because he was a man who looked at actual facts. Perhaps they would be
moved to right guidance.
That is why he used to visit amirs and khalifs and admonish them and guide
them to the good. He used to say, "It is a duty for every Muslim (or man) in
whose breast Allah has put any knowledge and fiqh to go to those with power
to command them to do what is right and forbid them from doing what is
wrong so that the station of a man of knowledge will be clear to others. If that
is the case, then it is an excellence which is unsurpassed."
One of his students said to him: "People keep saying that you visit the
rulers." He said, "That is a burden on myself. I do it because otherwise he
might consult those whom he should not consult." He took it on himself to go
to them to order what is the right and forbid the wrong, and to guide them. He
said, "If I had not gone to them, you would not see any S u n n a of the
Prophet, may Allah bless him and grant him peace, acted upon in this city."
He used to admonish the khalifs when they came to the Hijaz during hajj.
One example is what he said to Harun ar-Rashid: "It has been reported to me
that 'Umar ibn al-Khattab, in spite of his excellence and position, would blow
for people on the ashes of the fire under the pots until smoke came from his
beard. People are pleased with you doing less than that."
Malik told one of the governors, "Investigate the affairs of the people. You
are responsible for them. 'Umar ibn al-Khattab said, 'By the One in whose
hand is my soul, if a camel had died from neglect on the banks of the
Euphrates, I would think that I should be questioned about it on the Day of
Rising'."
Respect was shown to Malik by them. When the khalif alMahdi came to
Madina, people came to him to pledge allegiance to him. When they took
their places, Malik asked for permission to enter and people said, "Today

Malik will sit at the far end of the gathering." When he came near and looked
at the crowd of people, he said "Amir al-Mu'minin, where shall your shaykh,
Malik, sit?" He called to him, "With me, Abu 'Abdullah!" The people moved
aside so that he was able to reach him and al-Mahdi lifted his right knee and
made him sit down next to him."
Malik did not confine his advice to speaking but also wrote letters to rulers.
He said in one of them:
Know that Allah Almighty has singled you out for my warning to you by
what good counsel I have given you previous ly. In it I have explained
for you what I hope Allah will make a means of happiness for you and a
matter which He will make your path to Him in Paradise. Therefore - may
Allah have mercy on us and you! - it lies in what I have written to you about
establishing the command of Allah and what Allah has said about being
responsible for His flock. According to a ha dith, 'Guardians will be
brought with their hands tied to their necks. Only justice will set them free.'
'Umar ibn al-Khattab, may Allah be pleased with him, said, 'By Allah, if a
lamb died on the bank of the Euphrates, I would think that Allah Almighty
would ask 'Umar about it.' He went on hajj for ten years, and I am told that
he only spent twelve dinars on his hajj. He would alight in the shade of a tree
and carry his whip on his neck and go around in the markets to inquire about
the news of those who were present and absent (from Madina).
We are told that when he was struck down, those Companions of the Prophet,
may Allah bless him and grant him peace, who were present praised him. He
said to them, 'Deceived is the one who deceives. If I had any gold on the face
on the earth, I would give it in ransom for the terror of what is coming.'
'Um ar, may Allah have mercy on him, was insistent on being corrected -
even though the Prophet, may Allah bless him and grant him peace, had
testified that he was one of the people of the Garden. In spite of that, he was
fearful since he had taken the affairs of the Muslims upon himself. So then
how is it with what you know? You must pay attention to what will bring you
near to Allah and what will rescue you from Him tomorrow. Beware of a Day
when only your actions will save you. You have an example in those who
passed away before you. You must show fear of Allah. Make it your first

consideration and read what I have written to you in all your moments. Make
yourself take on its responsibilities and assume them. Model your adab on it
and ask Allah for success and right guidance if Allah Almighty wills.
One of the things Malik feared for rulers was flattery and sycophancy which
would make their actions seem good to them. He became angry with those
who praised rulers in their presence. Thus it is related that once in Malik's
presence someone praised the governor. Malik became angry and said,
"Beware lest these people beguile you through their praise of you. Whoever
praises you and says good about you which is not in you is just as likely to
say evil about you which is not in you. Be on your guard about claiming for
yourself or being pleased with what one of them says to your face. You know
yourself better than they do. I have heard that a man praised another man in
the presence of the Prophet and the Prophet said to him, 'You have cut his
back' or 'his neck'. If he had heard it, he would not have prospered. The
Prophet said, 'Throw dirt in the faces of people who praise too much.""
Malik's Great Knowledge
We have given a brief outline of the life of Malik ibn Anas and mentioned
some of the difficulties he encountered. Now we must examine Malik's
knowledge and sources in more detail and from that we will see how great his
knowledge was. Malik reached the pinnacle of knowledge and fiqh to the
extent that he was known as the Unique Faqih of the Hijaz, which region
was, after all, the source of all knowledge of Islam.
His knowledge covered both h a d i t h and fi qh and he was an Imam of
hadith transmitters. He is considered the first recorder of the science of h a d i
t h, and his book a 1 - Mu watt a ' was the first sound collection of hadith.
Malik was a perceptive faqih and his figh was devoted to clarifying the pure
and ensuring people's best interests. Thus he takes account of both the
spiritual and the worldly, using the criterion of masalih mursala
(considerations of public interest), which he considered to be one of the basic
principles of fiqh.
He was praised by all the scholars of his time - the fuqaha' of opinion as well
as the scholars of hadith. His contemporary, Sufyan ibn 'Uyayna, said, "May
Allah have mercy on Malik. He was exceedingly careful in the way he