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Maliki School

Maliki School

المذهب المالكي

Founded by Imam Malik ibn Anas (711-795 CE). Predominant in North and West Africa.

50 rulings across 10 categories

Dress & Adornment

Awrah Covering

ستر العورة

Required (Wajib)

Covering the awrah is obligatory (wajib) for both genders. A man's awrah extends from the navel to the knees, with the knees included. For a woman, her awrah in prayer and in front of non-mahram men is her entire body except for her face and hands; however, her feet are considered a 'lighter awrah' that should also be covered.

Evidence

Quran (24:31) regarding women lowering their gaze and covering their adornment, and Hadith on the male awrah.

Gold and Silk for Men

الذهب والحرير للرجال

Forbidden (Haram)

The wearing of pure silk and gold is strictly forbidden for men. While minor amounts of silk as a decorative border or small blend might be tolerated, the general rule prohibits men from wearing garments predominantly made of silk or any form of gold jewelry.

Evidence

Hadith narrated by Umar ibn al-Khattab (RA) in Sahih al-Bukhari, where the Prophet (PBUH) forbade men from wearing silk, and other similar narrations regarding gold.

Grooming

التزيين والنظافة الشخصية

Recommended (Sunnah)

The Maliki school considers grooming practices such as clipping nails, removing armpit and pubic hair, and trimming the mustache as Mandub (recommended/Sunnah). For men, growing the beard is Wajib, and shaving it completely is prohibited (Haram).

Evidence

Hadith on Fitra (Muslim) and scholarly consensus on the beard.

Hijab

الحجاب

Required (Wajib)

Covering the entire body, including the head, neck, and chest, is obligatory (wajib) for Muslim women in the presence of non-mahram men. The face and hands are generally considered exempt from this obligation. However, covering the face is considered highly recommended (mustahabb) to prevent fitna, especially for young women or in times of moral laxity.

Evidence

Quran (24:31) enjoining modest dress and (33:59) for drawing their outer garments over themselves, along with Prophetic Sunnah.

Family Law

Custody (Hadanah)

الحضانة

Required (Wajib)

The Maliki school grants the mother the right to custody for boys until they reach puberty, and for girls, her right extends until they marry and consummate the marriage. This is one of the longest periods of maternal custody among the madhabs, emphasizing the mother's central role in a child's upbringing. The child's welfare and the mother's ability to care are paramount.

Evidence

Prophetic traditions, including the hadith where a woman asked about custody of her son, and the Prophet (PBUH) said, "You have more right to him as long as you do not marry." (Musnad Ahmad, Sunan Abi Dawud).

Divorce (Talaq)

الطلاق

Permissible (Mubah)

Talaq is permissible (mubah) but generally discouraged (makruh) unless there is a legitimate reason, such as irreconcilable differences or harm to one of the spouses. A key distinction in the Maliki school is that three simultaneous pronouncements of talaq are generally considered a single revocable divorce, unless specific intent for multiple divorces is clearly established or if it's the third explicit pronouncement after prior divorces. This emphasizes the path of reconciliation.

Evidence

Quran 2:229-230 (regarding two divorces then a third) and the practice of Caliph Umar (RA) regarding simultaneous pronouncements.

Inheritance (Mirath)

الميراث

Obligatory (Fard)

Adhering to the divine laws of inheritance is a strict obligation (fard), and any deviation from the prescribed shares without the consent of all adult, sound-minded heirs is unlawful. The Maliki school emphasizes the importance of promptly fulfilling these rights after the deceased's debts and funeral expenses are settled.

Evidence

Quran, Surah An-Nisa (4:7, 4:11-12, 4:176)

Khula

خلع

Permissible (Mubah)

Khula is permissible and is a form of separation where the wife returns the dower or other compensation to the husband, or agrees to waive some of her rights, in return for him divorcing her. It is resorted to when the wife dislikes her husband and fears she cannot fulfill her duties towards him. A judge can compel the husband to accept khula if the wife provides valid reasons and is willing to compensate.

Evidence

Quran (2:229) and Hadith of Thabit ibn Qays's wife (Bukhari).

Mahr Dowry

مهر

Required (Wajib)

Mahr is an essential component for the validity of the marriage contract in the Maliki school. While its absence in the contract does not immediately invalidate it, it must be specified or Mahr Mithl determined for the marriage to be complete and valid. It is the exclusive property of the wife.

Evidence

Quran 4:4 and the consensus of the companions on its obligation.

Marriage Nikah

النكاح

Preferred (Mustahabb)

According to the Maliki madhab, marriage is generally Mandub (recommended/mustahabb) for most individuals, especially for those who desire it and are able to fulfill its obligations. It becomes Wajib (obligatory) for someone who fears committing zina if they do not marry and has the financial and physical capability to do so. It can become Makruh (disliked) if one fears inability to fulfill rights or causing harm, and Haram (forbidden) if one intends to harm the spouse or is certain they cannot fulfill rights.

Evidence

The Quran's encouragement to marry, 'So marry women of your choice, two or three, or four' (Quran 4:3), and the general encouragement from the Sunnah to form families.

Fasting (Sawm)

Fidyah and Kaffarah

الفدية والكفارة

Required (Wajib)

Fidyah is obligatory (wajib) for those permanently unable to fast, feeding one poor person for each day. It is also required if one delays making up missed Ramadan fasts until the next Ramadan without a valid excuse, in addition to making up the fasts. Kaffarah is obligatory (wajib) only for intentionally breaking a fast in Ramadan through sexual intercourse without a valid excuse. The expiation requires freeing a slave, or fasting two consecutive months if unable, or feeding sixty poor people if unable, with this specific order being mandatory.

Evidence

Quran 2:184; Hadith of the man who had intercourse during Ramadan (Bukhari, Muslim); scholarly consensus for delaying Qada.

Itikaf

اعتكاف

Preferred (Mustahabb)

Itikaf is considered Mustahabb (recommended), especially during the last ten days of Ramadan. The Maliki school stipulates that fasting is a condition for the validity of Itikaf, meaning one cannot perform a valid Itikaf without being in a state of fasting, even for a short duration. It becomes Wajib if one makes a vow to perform it.

Evidence

The Prophet's regular practice of Itikaf (Sunnah fi'liyyah) and the consensus among companions, emphasizing its recommended nature and condition of fasting.

Ramadan Fasting

صيام رمضان

Obligatory (Fard)

The Maliki school holds that fasting Ramadan is a divine obligation (fard) upon every capable Muslim. It requires the abstention from all things that nullify the fast, including eating, drinking, and sexual intercourse, from true dawn until sunset, accompanied by a sincere intention for worship.

Evidence

Quran 2:185, "So whoever among you sights the new moon of the month, let him fast it." Also, the Hadith on the five pillars of Islam.

Things that Break Fast

مبطلات الصيام

Forbidden (Haram)

Deliberately engaging in sexual intercourse, intentional eating or drinking, or intentional ejaculation through masturbation or kissing are forbidden and invalidate the fast. These acts require both qada' and kaffara (for intercourse and intentional ejaculation). Any intentional vomiting also invalidates the fast, requiring qada'. The fast is similarly broken by menstruation or post-natal bleeding.

Evidence

General prohibition against invalidating fasts without excuse; Maliki fiqh interpretation regarding kaffara for specific intentional acts.

Voluntary Fasting

صوم التطوع

Preferred (Mustahabb)

Voluntary fasting is recommended (mustahabb), as it is a supererogatory act of worship that draws one closer to Allah. Recommended days include Mondays and Thursdays, the Day of Arafah, and Ayyam al-Beed. Fasting the six days of Shawwal is also recommended, though some scholars rate it slightly lower than other voluntary fasts.

Evidence

Hadith on the virtues of specific days like the Day of Arafah (Muslim) and the Prophet's practice of fasting certain days (Abu Dawud).

Food & Drink

Alcohol and Intoxicants

الخمر والمسكرات

Forbidden (Haram)

The Maliki madhab considers the consumption of any substance that intoxicates, even in a minimal amount, to be absolutely prohibited. This ruling encompasses all forms of alcohol and drugs that alter the mind or body in an intoxicating manner, emphasizing the removal of intellect as the key criterion for prohibition. Engagement with such substances in any capacity is forbidden.

Evidence

Quran (5:90-91) denounces khamr as an abomination. Hadith: 'Whatever intoxicates in large amounts, a small amount of it is unlawful.' (Sunan Ibn Majah)

Halal and Haram Food

الطعام الحلال والحرام

Permissible (Mubah)

All pure and good things are permissible (mubah) by default, while prohibitions are specific. Forbidden foods include pork, blood, carrion, and animals not slaughtered Islamically. Generally, all animals from the sea are permissible without specific slaughter, but some interpretations may consider certain undesirable sea creatures disliked (makruh).

Evidence

Quran 5:3, 5:96; Hadith on the sea being pure and its dead permissible.

Hunting

الصيد

Permissible (Mubah)

Hunting for food is permissible (mubah) provided specific conditions are observed. Crucially, the hunter must utter Tasmiyah when sending the hunting animal or weapon, the animal must be trained, and the act should not cause undue suffering or neglect other religious duties. If the hunted animal is found alive, it must be ritually slaughtered to be lawful.

Evidence

Quran 5:4 (Maa'idah) on lawful game; Hadith of Adi ibn Hatim regarding hunting with trained dogs and arrows.

Slaughter (Dhabihah)

الذبيحة

Required (Wajib)

Dhabihah necessitates cutting the throat and the two jugular veins, along with the intention and Bismillah. Intentional omission of Bismillah renders the meat haram, while unintentional omission is excused.

Evidence

Quran 6:121; Hadith on mentioning Allah's name during slaughter.

Hajj & Umrah

Hajj Obligations

واجبات الحج

Obligatory (Fard)

Hajj is a fundamental obligation (fard) for those who meet the conditions of capability (istita'ah), which includes financial means, physical health, and safety of the route. It must be performed immediately upon meeting these conditions unless there is a valid excuse.

Evidence

Quran 3:97. Hadith 'Islam is built upon five...' (Bukhari & Muslim) mentioning Hajj as one of the pillars.

Ihram

الإحرام

Obligatory (Fard)

The intention (niyyah) to perform Hajj or Umrah and enter the state of Ihram is a fundamental pillar (fard) without which the pilgrimage is invalid. The act of entering Ihram at or before the designated miqat is also obligatory (wajib), requiring a compensatory sacrifice if violated without a valid excuse.

Evidence

Quran (Surah Al-Baqarah 2:196) and the Hadith specifying miqats for pilgrims (Bukhari and Muslim).

Sacrificial Animal (Hady) during Pilgrimage

الهدي في الحج والعمرة

Required (Wajib)

The sacrificial animal (hady) is wajib for those undertaking Hajj Tamattu' or Qiran. It is considered an expiation and a sign of thankfulness for the benefit of performing Umrah consecutively with Hajj, or combining the intentions. Should a pilgrim be unable to find or afford the animal, they must fulfill the obligation by fasting.

Evidence

Quran 2:196 and the continuous practice ('amal) of the people of Madinah, supporting its obligation.

Tawaf and Sa'i

الطواف والسعي

Required (Wajib)

Sa'i between Safa and Marwa is classified as wajib (obligatory) for Hajj and Umrah. Omitting it requires a compensatory sacrifice (damm) and invalidates the Hajj if not performed or compensated for before leaving Mecca without a valid reason.

Evidence

Quran 2:158 "Indeed, Safa and Marwa are among the symbols of Allah," and the Prophet's consistent practice.

Umrah

العمرة

Recommended (Sunnah)

Umrah is considered a Sunnah Mu'akkadah (highly emphasized Sunnah), not obligatory (Fard or Wajib). While strongly encouraged for those who have the capability, neglecting it without a valid excuse does not incur sin. Its performance carries great reward, and it is considered highly virtuous.

Evidence

They interpret "And complete the Hajj and Umrah for Allah" (Quran 2:196) as a command to complete it once started, rather than an initial command for its performance. Additionally, Umrah is not mentioned among the pillars of Islam in the famous Hadith of Jibreel.

Oaths & Vows

Expiation (Kaffarah) for Oaths

كفارة اليمين

Required (Wajib)

Expiation for breaking an oath is obligatory (wajib), and it can be fulfilled by feeding ten poor persons, clothing ten poor persons, or freeing a slave. The person has a choice among these three options. Should one be unable to perform any of these, they must fast for three consecutive days.

Evidence

Quran, Surah Al-Ma'idah (5:89)

Judicial Rulings

الأحكام القضائية

Required (Wajib)

Obeying a legitimate judicial ruling is obligatory and binding upon the litigants and relevant parties. Such rulings are effective in settling disputes and establishing rights externally. If the ruling is based on true evidence, it may also settle the matter internally; otherwise, it only settles it externally.

Evidence

Quran (4:58) 'Indeed, Allah commands you to render trusts to whom they are due and when you judge between people to judge with justice.' Consensus (Ijma') on the binding nature of judicial rulings.

Oaths and Vows

الأيمان والنذور

Required (Wajib)

Breaking a deliberate oath requires expiation. Fulfilling a vow of obedience is an obligation. A false oath concerning the past is considered a major sin requiring sincere repentance, with no kaffarah due, though some Maliki scholars recommend it as a preventative measure. Vows to commit a sinful act are not binding and must not be fulfilled.

Evidence

Quran 5:89 on oath expiation. The principle of fulfilling vows is derived from Quran 22:29 and relevant Hadith.

Testimony

الشهادة

Obligatory (Fard)

It is a collective obligation (fard kifayah) to testify truthfully when called upon, provided one possesses the necessary knowledge and conditions for witnessing. This duty becomes an individual obligation (fard 'ayn) if the testimony is crucial to prevent a right from being lost. Giving false testimony is a grave sin and strictly forbidden (haram).

Evidence

Quran 65:2 "...and take as witnesses two just men from among you..." and Hadith: "The greatest sins are associating partners with Allah, disobedience to parents, false testimony, and a false oath." (Bukhari)

Prayer (Salah)

Eid Prayers

صلاة العيدين

Recommended (Sunnah)

Eid prayers are a Sunnah Mu'akkadah (emphasized sunnah) for able-bodied men. Its performance is highly encouraged, even for women and children to attend, but missing it does not constitute a sin.

Evidence

The Prophet's consistent practice and command for people, including women, to attend the Eid prayer ground (Musalla), indicating its high importance but not absolute obligation. (Hadith of Umm Atiyyah).

Five Daily Prayers

الصلوات الخمس

Obligatory (Fard)

The performance of the five daily prayers is an individual obligation (fard 'ayn) for every Muslim who has reached puberty and is of sound mind. It is considered one of the greatest acts of worship and a pillar of Islam, whose deliberate abandonment is a grave sin.

Evidence

Quran 2:238 ("Guard strictly the (five obligatory) prayers, especially the middle prayer.") and the Hadith of Ibn Umar on the five pillars of Islam.

Friday Prayer

صلاة الجمعة

Obligatory (Fard)

Friday prayer is an individual obligation (fard 'ayn) for every free, resident, sane, adult Muslim male who is not traveling and has no valid legal excuse. However, its establishment in a locality is also considered Fard Kifayah, meaning if a sufficient number of people perform it, the obligation is lifted from the rest of the community. It is performed in congregation and replaces Dhuhr.

Evidence

Quran 62:9 "O you who have believed, when [the adhan] is called for the prayer on the day of Jumu'ah, then proceed to the remembrance of Allah and leave trade." Hadith: "The Friday prayer is a right and an obligation upon every Muslim, except four: a slave, a woman, a child, or a sick person." (Abu Dawud)

Funeral Prayer

صلاة الجنازة

Obligatory (Fard)

The funeral prayer is considered a collective obligation (Fard Kifayah). This means that if some members of the community perform it, the obligation is lifted from the rest, but if no one does, the entire community is held accountable.

Evidence

Based on the continuous practice of the Prophet (PBUH) and his companions, and the general commands to honor the deceased.

Prayer of Traveler

صلاة المسافر

Recommended (Sunnah)

Shortening the four-rak'ah prayers (Dhuhr, Asr, Isha) to two rak'ahs is a Sunnah Mu'akkadah (emphasized Sunnah) for a traveler who fulfills the conditions of travel. It is highly recommended to shorten, and praying the full prayer is permissible but less virtuous.

Evidence

Quran (4:101) 'And when you travel throughout the land, there is no blame upon you for shortening the prayer...' and the Prophet's consistent practice.

Prostration of Forgetfulness

سجود السهو

Recommended (Sunnah)

Sujud al-Sahw is generally a Sunnah act to rectify errors in prayer, whether due to omission or addition. If one omits a single sunnah act or adds an action, it is performed after the salam; if two sunnah acts are omitted, it is performed before the salam.

Evidence

The continuous practice of the Prophet (PBUH) and his companions, as shown in various hadith like that of Dhul Yadain and Abu Hurairah, established it as a recommended practice.

Voluntary Prayers

صلاة التطوع

Recommended (Sunnah)

For Malikis, voluntary prayers are generally classified as Sunnah or Mustahabb (Mandub). The two Rak'at before Fajr is considered Sunnah Mu'akkadah, as is Witr. Many other pre- and post-Fard prayers that are emphasized in other schools are often considered Mustahabb, meaning they are rewarded but not as highly stressed.

Evidence

Prophet's (PBUH) emphasis on specific voluntary prayers like the two Rak'at before Fajr (Sahih Muslim) and his consistent performance of Witr.

Purification (Taharah)

Ghusl

الغسل

Obligatory (Fard)

Ghusl is Fard (obligatory) when required due to major impurity, and its absence invalidates acts of worship. The Fard elements are intention, washing the entire body, rubbing the body thoroughly (dalak), and performing these actions in immediate succession.

Evidence

Quran 5:6 "If you are in a state of janabah, then purify yourselves." and Hadith of Aisha (Bukhari) detailing ghusl.

Impurity

نجاسة

Recommended (Sunnah)

The removal of najasah is considered an emphasized Sunnah (sunnah mu'akkadah) for the validity of prayer, not a fundamental condition (shart) in most cases. If one prays with impurity, the prayer is valid but disliked (makruh) if done intentionally and one has the ability to remove it. If done unintentionally, the prayer is valid and not disliked.

Evidence

The Maliki school holds that while purification is highly encouraged, the presence of impurity does not inherently invalidate prayer, except for severe impurities like pig or dog, which are absolutely prohibited. This is based on a broader understanding of ease and avoiding hardship in the religion.

Menstruation Rules

أحكام الحيض

Forbidden (Haram)

A menstruating woman is prohibited from praying, fasting, having sexual intercourse, and performing Tawaf. She must make up missed fasts but not missed prayers. Touching the Mushaf is also Haram, though reciting from memory is permitted in certain circumstances, like for a teacher or student. After her period ends, it is Fard upon her to perform Ghusl to purify herself.

Evidence

Quran 2:222; Hadith of Aisha on Hajj prohibitions and making up fasts (Bukhari, Muslim).

Tayammum

التيمم

Obligatory (Fard)

Tayammum is an obligatory act of purification when water is absent, difficult to obtain, or its use is detrimental to health. It purifies the person and remains valid for multiple obligatory prayers and voluntary acts as long as the conditions for its validity persist.

Evidence

Quran 4:43, which commands tayammum in the absence of water.

Wudu

الوضوء

Obligatory (Fard)

Wudu is an essential condition (fard) for the validity of ritual prayer (Salah) and for touching the Mushaf. It comprises washing the face, hands up to the elbows, wiping the head, and washing the feet up to the ankles, with the intention of purification and maintaining continuity (muwalat) between actions.

Evidence

Quran 5:6 and the Prophet's (PBUH) statement: "Allah does not accept any prayer without purification." (Sahih Muslim)

Transactions (Mu'amalat)

Debt and Loans

الدين والقروض

Permissible (Mubah)

Taking a loan is permissible for those in need, provided there is an intention and ability to repay. Lending without interest (qard al-hasan) is a recommended act of charity. Prompt repayment of debt is obligatory upon maturity, and stipulating any increase (riba) in repayment due to the loan itself is strictly prohibited.

Evidence

Quran (2:282) on writing down debts; Hadith: "The best of you are those who are best in paying off debts." (Tirmidhi)

Insurance (Takaful)

التأمين التكافلي

Permissible (Mubah)

While conventional commercial insurance is often problematic due to gharar and riba, Takaful is considered permissible. It adopts a cooperative model where contributions are considered donations (tabarru'), and risks are shared among participants, aligning with the principles of mutual assistance and social solidarity (ta'awun).

Evidence

Emphasis on Maslaha (public interest) and avoiding prohibited elements. Takaful aligns with the Quranic injunction for mutual cooperation (Quran 5:2) and avoiding injustice.

Partnership

الشركة

Permissible (Mubah)

Partnership is permissible, allowing individuals to combine capital, labor, or both for shared profit and loss, provided the terms are clearly defined and free from excessive ambiguity (gharar). The Maliki school primarily recognizes Sharikat al-`Inan (capital partnership) and, with certain stipulations, other forms like Sharikat al-Abdan (labor partnership).

Evidence

The practice of early Muslims and general Islamic principles that encourage lawful trade and mutual assistance support the permissibility of partnership.

riba interest

ربا الفائدة

Forbidden (Haram)

Riba is forbidden in all its forms, particularly any unjustified increase in a loan or a deferment in payment for specific bartered goods. The Maliki school emphasizes preventing any means (sadd al-dhara'i) that could lead to riba, making even transactions resembling it problematic.

Evidence

Quran 2:275; Hadith on the prohibition of selling a debt for a debt (bai' al-kali' bi al-kali').

Sale and Trade

البيع والشراء

Permissible (Mubah)

Engaging in sale and trade is generally permissible (mubah) and a recognized path to earning a lawful living in Islam. However, its validity depends on fulfilling the essential pillars of a contract, such as mutual consent and clear specification of the item and price, while avoiding forbidden elements.

Evidence

Quran 2:275 and general Hadith encouraging lawful earnings.

Zakat

Recipients of Zakat

مستحقو الزكاة

Obligatory (Fard)

In the Maliki school, it is obligatory to distribute Zakat to its designated recipients as outlined in the Quran. While the Imam or Zakat collector has discretion in distributing the funds, it is generally sufficient to give to some of the categories rather than all, particularly prioritizing the poor and needy. If the Zakat funds are substantial, distributing to more categories is encouraged.

Evidence

Quran (9:60) lists the eight categories of Zakat recipients. The Maliki position emphasizes the Imam's role in distributing Zakat based on local needs and priorities among these categories.

Sadaqah (Voluntary Charity)

صدقة

Preferred (Mustahabb)

Voluntary sadaqah is considered a virtuous and commendable act in the Maliki school, strongly encouraged for its role in earning divine pleasure and blessings. It refers to any non-obligatory donation given to those in need, seeking Allah's reward.

Evidence

Quran 2:261, "The example of those who spend their wealth in the way of Allah is like a seed of grain which grows seven spikes..."

Zakat al-Fitr

زكاة الفطر

Obligatory (Fard)

Zakat al-Fitr is Fard (individually obligatory) upon every Muslim, male or female, free or slave, who possesses one Sa' of food more than their needs for the day and night of Eid for themselves and their dependents. It is primarily paid in staple food items, such as wheat, barley, or dates.

Evidence

Hadith of Ibn Umar: 'The Messenger of Allah (ﷺ) enjoined Zakat al-Fitr...'

Zakat on Agriculture

زكاة الزروع والثمار

Required (Wajib)

Zakat on agriculture is obligatory on staple food items that can be stored, specifically grains (like wheat, barley) and fruits (like dates, raisins). Produce like vegetables that cannot be stored are generally exempt. The nisaab (minimum threshold) for these items is five wasaq, which is approximately 653 kilograms (1439 lbs) of threshed, clean produce.

Evidence

Quran (6:141). Hadith: "There is no zakat on less than five wasaq." (Bukhari, Muslim). Hadith on Ushr/Nisf al-Ushr for irrigation methods.

Zakat on Wealth

زكاة المال

Obligatory (Fard)

Zakat on wealth is a divine obligation and a pillar of Islam, due on specific categories such as gold, silver, currency, trade goods, certain agricultural produce, and livestock. It becomes due once the wealth reaches the nisab and a full lunar year has passed, representing the right of the poor in the wealth of the rich.

Evidence

Quran 2:277 mentions establishing prayer and giving zakat. Hadith of the Five Pillars of Islam, which includes 'giving Zakat'.