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He replied, “I knew many hadiths, and that confused me. I used to present them to Malik and al-Layth
and they would say, ‘Take this and leave that.'”
Malik esteemed and loved him. He did not spare any of his companions criticism except for Ibn Wahb.
He used to call him “the faqih” when he wrote to him. Ibn Wahb was one of those who spread Malik’s
school in Egypt and the Maghrib. People traveled to him to learn Malik’s fiqh both during Malik’s
lifetime and after his death. He left many excellent books, including what he heard from Malik which
took up about 30 volumes. He died in 197 AH at the age of 72.
‘Abdu’r-Rahman ibn al-Qasim
This scholar was one of the companions of Malik who had a tremendous influence in recording his
school since he was the source for Sahnun in his record of the teaching of Malik. In the school of Malik
he has the same position as Muhammad ibn al-Hasan ash-Shaybāni has in the school of Abu Hanifa.
There is a complete correspondence between the two men. Both of them transmitted the school and
made free use of ijtihad. Ibn al-Qasim had opinions which differed from those of his shaykh, Malik, so
that it was said that he was dominated by opinion. Ibn ‘Abdu’l-Barr said of him, “He was a faqih
dominated by opinion. He was a righteous, poor, steadfast man.”
He met Malik after Ibn Wahb and kept his company for a long time – about twenty years. He learned
his fiqh. He also met al-Layth, ‘Abdu’l-‘Aziz ibn al-Majishun and Muslim ibn Khalid al-Zanji. Many
people related from him and consulted him about Malik’s fatwas. Ibn Wahb used to say, “If you want
this business – meaning the fiqh of Malik – you must have Ibn al-Qasim. He is unique in it.”
His transmission of the Muwatta’ is the soundest and Sahnun learned the contents of the Mudawwana,
the most comprehensive collection of Maliki fiqh, from him. Thus he can be considered as the main
transmitter of Maliki fiqh, for the Mudawwana is its chief source.
He was a generous and abstemious man. He did not accept the stipends of any ruler and he said,
“There is no good in the proximity of rulers.”
He frequented them at first, but then he kept away from them. He died in 191 AH at the age of 63.
Ashhab ibn ‘Abdu’l-‘Aziz al-‘Amiri
Ashhab studied with al-Layth, Yahya ibn Ayyub, and Ibn Lahi’a. He kept Malik’s company and learned
his fiqh, and was one of those who transmitted his fiqh. He had a collection called the Mudawwana of
Ashhab or the Books of Ashhab. He was a contemporary of Ibn al-Qasim, but was younger than him.
Sahnun was the student of both of them and was asked which of them knew more fiqh. He replied,
“They were like two horses neck and neck. Sometimes this one was successful and that one
unsuccessful, and sometimes it was the reverse.”
Ibn al-Qasim and Ashhab once disagreed about what Malik had said about a particular matter and each
of them swore to refute what the other said. They asked Ibn Wahb, who was an older companion than
they were; and he told them that Malik had made both statements. Ash-Shafi’i met Ashhab and said, “I
have not seen anyone with more fiqh than Ashhab. He achieved supremacy in fiqh in Egypt.”
Ashhab compiled a book called al-Mudawwana, which was not the Mudawwana of Sahnun. Qadi ‘Iyad
said of it, “It is a large majestic book containing much knowledge.”
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Ibn Harith said:
When the Asadiyya [the basis for the Mudawwana of Sahnun] was completed, Ashhab took it and
edited it, having objected to some of it. He produced a noble book. When Ibn al-Qasim heard that, he
commented that he had found a complete book and then built on it. Ashhab said to him, “You
scooped from one spring and I from many springs.” So Ibn al-Qasim answered him, “Your springs are
turbid but my spring is clear.”
Sahnun was a student of both Ashhab and Ibn al-Qasim and so he took from both of them. Ashhab
left other books as well. He was born in 140 AH and died in 204 AH, a few days after ash-Shafi’i.
Asad ibn al-Furat
Asad’s origins lay in Khorasan although he was born at Harran. Then his father moved with him to
Tunis, although some say that he was born in Tunis. He memorised the Qur’an and then studied fiqh.
He travelled to the east and heard the Muwatta’ and other teachings from Malik. He then went to Iraq
and met Abu Yusuf and Muhammad ibn al-Hasan ash-Shaybāni.
Asad then combined the fiqh of Iraq and the fiqh of Madina. He had studied with both Muhammad
ibn al-Hasan and Malik. The student of Malik who took the most from him later was Ibn al-Qasim.
According to the Madarik:
When Asad came to Egypt, he went to Ibn Wahb and said, “These are the books of Abu Hanifa,” and
he asked him to answer them according to the school of Malik. Ibn Wahb was too scrupulous and
refused. Asad he went to Ibn al-Qasim, who answered the questions he asked from what he
remembered of Malik’s actual words. When he was unsure, Ibn al-Qasim said, “I imagine”, “I suppose”
and “I think”. On one occasion he said, “I heard him speak on such-and-such a question and your
question is similar to it.” On other occasions, he spoke according to his own ijtihad based on what
Malik had said. He collected those answers into books which were called al-Asadiyya.
The Asadiyya was the basis for the Mudawwana of Sahnun. Asad was appointed qādi [judge] of
Qayrawān. He died in 212 AH in the siege of Syracuse while he was the commander and qādi of the
army. He was born in 145 AH.
The Major Works of the Maliki School
Ibn Khaldun reports about the books of the Maliki school:
‘Abdu’l-Malik ibn Habib travelled from Andalusia and took from Ibn al-Qasim. He then disseminated
what he learned and so the school of Malik spread in Andalusia. He wrote a book on it called al-
Wadiha. Next one of his students, al-‘Utbi, wrote al-‘Utbiyya. Asad ibn Furat travelled from North
Africa and wrote first from the people of Abu Hanifa and before moving to the school of Malik. Ibn
al-Qasim brought his book to Qayrawan and called it al-Asadiyya.
Sahnun read it to Asad and then travelled east and met Ibn al-Qasim. He took from him and reviewed
with him the questions of the Asadiyya, much of which he retracted. Then Sahnun wrote out its
questions, put them in order, and produced al-Mudawwana. People then abandoned the Asadiyya and
adopted Sahnun’s book. The people of Qayrawan relied on this Mudawwana and the people of
Andalusia on al-Wadiha and al-‘Utbiyya.
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Then Ibn Abi Zayd summarised al-Mudawwana and al-Mukhtalita in a book called al-Mukhtasar. A
synopsis of it, entitled at-Tahdhib, was also made by one of the fuqaha’ of Qayrawan, Abu Sa’id al-
Baradhi’i. The shaykhs of North Africa came to rely on it and adopted it, abandoning other books.
Similarly, the people of Andalusia relied on al-‘Utbiyya and left al-Wadiha and the other books.