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Chapter 25 of 253 min read
الخاتمة — منهج الفقه المالكي
Al-Risalah of Ibn Abi Zayd al-Qayrawani concludes not merely as a compendium of rulings, but as a testament to the coherent methodology of the Maliki school and the vision of comprehensive Muslim practice it embodies. This concluding chapter synthesizes the methodological foundations that give the Maliki school its distinctive character and reflects on the role of the Risalah in the transmission of Maliki learning across the Muslim world.
The Maliki school — founded on the teaching of Imam Malik ibn Anas of Madinah (d. 179 AH) — is distinguished from the other major schools by its unique use of the 'amal ahl al-Madinah: the established practice of the people of Madinah as a source of jurisprudence. Imam Malik held that the continuous, transmitted practice of the people of Madinah constituted living Sunnah — a form of mass-transmitted practice (tawatur 'amali) that carried probative weight equal to or even exceeding that of individual hadiths on the same topic. This is because Madinah was the city of the Prophet, and its inhabitants had inherited their practices directly from him and from the Companions and Taabi'in who lived among them.
The sources of the Maliki school in their classical hierarchy are: the Quran, then the Sunnah of the Prophet (both mutawatir and ahad), then the established practice of the Madinans (when it constitutes tawatur 'amali), then the consensus of scholars (ijma'), then the positions of the Companions (particularly the four rightly-guided caliphs), then qiyas (analogical reasoning), then istislah (public interest/maslahah mursalah), then sadd al-dhara'i' (blocking the means to harm), then istishab (presumption of continuity), then 'urf (custom), and then finally istihsan (juristic preference) — though the last is used more restrictively in Maliki fiqh than in Hanafi fiqh.
Maslahah mursalah — public interest not explicitly addressed by specific texts — is one of the Maliki school's most celebrated contributions to Islamic legal theory. Imam al-Shatibi, the great Maliki theorist, developed this into a comprehensive theory of the maqasid al-shari'ah (objectives of Islamic law): the preservation of religion (din), life (nafs), intellect ('aql), lineage (nasl), and property (mal). Any ruling that serves these five objectives is in the public interest; any that undermines them is to be averted. This teleological approach to jurisprudence makes the Maliki school particularly flexible in applying Islamic law to new circumstances.
Sadd al-dhara'i' — blocking the means to an evil end even when the means is itself permissible — is another distinctive Maliki principle. If an otherwise permissible act reliably leads to a prohibited outcome, the Maliki school may prohibit the permissible act as a preventive measure. This principle explains many Maliki prohibitions that may seem strict on their face: they are prophylactic, not arbitrary.
Ibn Abi Zayd al-Qayrawani composed the Risalah as a gift to the students of fiqh in his community in Qayrawan (modern-day Tunisia), and it served as the primary introductory text in Maliki circles from the fourth century AH onward. The book has been studied, commented upon, and taught across North Africa, West Africa, Andalusia, and the Levant for over a thousand years. Commentaries by Ibn Abi Zayd's contemporaries and successors — including the monumental Sharh by Ibn Juzayy al-Kalbi and the accessible Matn commentary tradition — extended the Risalah's reach across every generation of Maliki scholarship.
The Risalah stands as a model of concise, pedagogically effective transmission of fiqh: its brevity makes it memorizable; its theological opening chapter grounds the law in 'aqeedah; its comprehensive coverage of worship and social transactions gives the student a complete map of the Shari'ah. In studying the Risalah, the student does not merely learn rulings — he enters the tradition of Imam Malik, receives the living inheritance of Madinan practice, and is equipped to navigate the full range of Muslim life with juristic clarity.