A Call for Coexistence
Episode 9
In the name of Allah,
The All-Merciful, The Ever-Merciful. Peace and blessings of Allah be upon
Prophet Muhammad (SAWS).
Today,
we continue to look at the life of Imam Malik and connect it to the idea of
co-existence. We aim to learn how to coexist with each other at a time full of
bloodshed in various places like Iraq, Lebanon and Darfur. We need to teach
ourselves Fiqh al-Ikhtilaf (the Jurisprudence of Dispute); how can I
hold your opinion in respect while I am opposed to it and clinging to mine?!
Finding a common ground is the aim of this program.
We
will discuss two main points in Imam Malik’s life: his school of fiqh
and how he was able to coexist during his long lifetime -86 or 92 years- in
which he witnessed the rule of 15 Caliphs.
The
School of Fiqh of Imam Malik
The
main principle on which his school of thought is based is that shariah
(Islamic law) essentially aims at facilitating matters for people and working
for their best interest. Islamic shariah has five essential goals: the
preservation of religion, honor, property, human soul and mind, exactly in that
same order. Nothing is prohibited in the Qur'an except when the intention is to
protect something; prohibition of fornication is meant to guard the honor;
likewise, prohibition of gambling aims at the protection of property.
Seeking to find the
ideal way of facilitating things for people, Malik adopted the Prophet’s (SAWS)
approach and took him as his role model. He certainly bore in mind such
ayahs
and ahadith
as the following when he decided to take this route, “..And in no way have We
sent you except as a mercy to the worlds” (TMQ:
21, 107). “…and in no way has (He) made for you (any) restriction in the
religion…” (TMQ: 22, 78). “…Allah wills for you ease, and He does not
will difficulty for you…” (TMQ: 2, 185).
It
is reported that Lady Aisha (RA)
had said that whenever the Prophet (SAWS) was given a choice between two
matters, he always chose the easier one so long as it was not evil. If it was
evil then he was the farthest person from it. The Prophet (SAWS) never
retaliated for himself, except when something violated one of Allah’s
(SWT)
sanctities then he would take vengeance for Allah’s sake.
He considered Madinah and its
inhabitants as his model in this regard, for it is the place where the Prophet
lived. Therefore, his sources in fiqh were the Qur'an, the Sunnah (the
Prophet’s tradition) and the people of Madinah. Some scholars disagreed with
him in this matter, and at times he obstinately held onto his opinion, thereby
temporarily suspending the principle of coexistence. This will be shown in an
incident with Abu-Hanifah which we will tackle in the following episode, if
Allah so wills.
Taking
the people of Madinah as one of his sources gave rise to Malik’s belief in the
significance of the society’s agreement on a certain matter, thus inventing what
would be later established as “the
convention of a society”,
i.e. he would support what the society agreed upon. For this reason, he
managed to attract many people around him. A man from Andalusia once came to
him with a question. Malik’s reply was: "I do not know." That man said: "O
Imam! I have come to you from Andalusia and you say you do not know! What should
I tell my people when I go back to them?!" Malik responded, "Tell them,
‘Malik did not know’...
I am not aware of how the people of Andalusia live,
so ask someone who has adequate knowledge of Andalusia.”
Malik
invented new terms that were unheard of before. His dislike for the word
haram (sinful, prohibited) led him to replace it with terms like:
“I do not regard
this as right”;
“this is
improper”;
“there is no
good in it.”
The word haram, unfortunately, is lightly used nowadays. He wrote a
book entitled “al-mowatta’
” during
the course of his long life. This was because he used to make changes to it
from time to time whenever he felt it was necessary and in the interest of
people. The Caliph offered to have his book written in gold water and Malik
replied that what mattered most to him was that the Caliph applied what was in
the book.
I
do not mean here to say that Malik applied the ideals of coexistence all the
time. Several incidences prove this as we will see in the next episode. A
glimpse of his departure from the ideals of coexistence maybe evident from the
fact that he held a belief early in his life that what the people of Madinah did
should be universally applied everywhere regardless of the nature of each place.
He once sent an important letter to al-Layth Ibn-Sa'ad, the Grand Imam of Egypt
–the letter and the reply are available on www.amrkhaled.net- in which he blamed
him for issuing fatwas (legal opinions issued by Islamic scholars)
different from those used in Madinah. Al-Layth had issued a fatwa
permitting the combination of maghrib
(sunset) and isha'
(evening) prayers on rainy nights. Harshness
rather than the ideals coexistence manifested itself in that letter; an excerpt
of it is shown below:
“…Be informed, may Allah show mercy to you, that I have
known that you issue fatwas different from those of the people of Madinah.
Have you not heard the Qur'anic ayah that reads,
“And the earliest
Out strippers, (As-Sabiqûn) of the Muhajrûn
(The Emigrants from Makkah who fled to Al-Madinah) and the Ansar, (The
supporters, i.e., the inhabitants of Al-Madinah)” (TMQ: 9, 100)?
Have
you not known that the Prophet (SAWS) was reported to have said that
faith flees to Madinah as a serpent flees to its burrow? You should
know that all people have to be followers of Madinah where the Prophet lived and
died, and where his Companions and his wives lived and learned from him
first-hand. Consider what I have sent you, may Allah show mercy to you. I hope
I have not intended anything from this save sincere advice.”
Al-Layth replied in a gentle
manner, saying:
“…You mentioned that I
issue fatwas different from those of the people of Madinah and you are
right, I should fear for myself. I took every word you wrote seriously. Be
informed that the Prophet’s companions settled in many places and countries and
that we have scholars just as you do. Perhaps you are not aware that rain here
is not like Madinah’s rain. By Allah, if you come here you will give similar
fatwas, for facilitating things for people is your typical approach. The
Prophet’s companions, such as Amr Ibn al-Aas, Az-Zubair Ibn al-Awwam, Bilal and
Abu Ad-Dardaa, did likewise because they lived here.”
This letter and other others
were not publicized until the two men passed away. It was then that their two
sons made them publicly known. This incident and his position with Abu-Hanifah
represented a turning point in his life. He came to believe that each society
had its own custom which ought to be considered individually and that it was a
mistake to apply the custom of Madinan society to all others.
Imam Malik and the Caliphs:
Imam Malik witnessed the rule
of nine Umayyad Caliphs and five Abbasid Caliphs. These Caliphs were very
different, and this teaches us a lot about coexistence. All those Caliphs
respected Imam Malik and followed his fiqh. This is because Malik was
unlike most people, who were either hypocrites who flattered Caliphs or
extremists who clashed with them; he was always neutral. He did not agree with
all what the Caliphs did, but at the same time, he did not want to fight with
them. Rather, he would advise them and guide them to the right path. This is
how he gained the respect of all people.
One day, a person called
Muhammad Ibn-al-Hassan from al-Hejaz led a revolution against the Abbasid
Caliph, Abu-Ja'far al-Mansur. Imam Malik abided by his principle and remained
neutral and did not participate even though some of his own teachers did. Some
of those who hated Imam Malik wanted Abu-Ja'far to be displeased with him. This
person went to Imam Malik asking him for a fatwa concerning the validity
of a divorce that has occurred by force. Imam Malik said that such a divorce
would be invalid, according to reports that the Prophet (SAWS) said that
Allah (SWT) has forgiven the Muslims all fault, forgetfulness and what
was forced upon them. This person then went to the Caliph telling him that what
Malik actually meant in his fatwa was that people are allowed to
participate in the revolution against him because he, the Caliph, had forced the
people of Hejaz pledge allegiance to him! This is a message to people in Iraq
and Darfur. They should try to avoid fitna (sedition). Allah (SWT)
says what can be translated as, "O you who have believed, in case an immoral
(person) comes to you with a tiding, then (ascertain) the evidence…" (TMQ,
49:6). Abu-Ja'far did not ascertain the evidence; rather, he became very
angry with Imam Malik, and sent him a message asking him to change the fatwa,
but Malik refused to do so. Abu-Ja'far then asked him to announce to the public
that the Caliph was not the one meant by the fatwa, but Malik refused
that as well because it meant that he would give up his neutrality. Abu-Ja'far
became fierce, and ordered that Malik should receive 100 lashes.
At this point, Imam Malik
could have started a revolution to avenge himself. But he did not which showed
that he really wanted to be neutral, and that he did not want to cause disorder
and bloodshed among Muslims. Afterwards, Abu-Ja'far realized that he was
mistaken and that Malik was innocent so he wanted to apologize to him. He went
to Madinah, and visited Malik in his home and asked him, "What do you request
from me?" Imam Malik replied, "I want you to visit the houses of all the people
in Madinah, offering them money and kissing their children." By this, Imam
Malik wanted the people of Madinah to like Abu-Ja'far and to bring them
together. Abu-Ja'far did so, and then offered Malik some money as well.
However, Malik refused to take it saying that he had enough. To Malik's
surprise, Abu-Ja'afar indicated that he knew that Malik was in need of the money
because it was his job to look after his people.
After that incident, Imam
Malik started accepting money and gifts from Caliphs. These gifts became his
main source of income. In addition to this, he wanted to "co-exist" with the
Caliphs, and refusing their gifts would have been perceived as an act of
rejection.
Another story tells of one
time when the Caliph, Harun al-Rasheed made an oath and then took it back. All
Islamic scholars told him that all he needed to do was to free a slave in order
to expiate himself of that oath, according to the ayah that can be
translated as, "Allah does not take you to task for an idleness in your
oaths, but He takes you to task for whatever contracts you have made by oaths.
So the expiation thereof is the feeding of ten indigent persons with the
average of that wherewith you feed your own families; or their raiment; or the
freeing of a neck. (i.e., a slave) Yet, for him who does not find the (means),
then (the expiation is) the fasting for three days…" (TMQ, 5:89). However,
Harun al-Rasheed wanted to know Malik's opinion, who said that he should fast
three days! Harun al-Rasheed argued that he was not poor and could afford to
free a slave, but Malik rationalized his fatwa saying that all the slaves
and money Harun al-Rasheed possessed actually belonged to the people and that he
did not have the right to dispose of what he did not own himself.
Imam Malik's Death
Imam Malik lived for 86 years
(or 92 years – according to some reports). Before he died, he asked one of his
students, "What do people say about me?" The student replied, "They are either
friends who praise you or enemies who condemn you." Malik thanked Allah for
that. When he was asked why, he said that he did not want to have all people as
friends so that he would not become too vain, and he did not want all people to
be his enemies so that they would not testify against him before Allah on the
Day of Judgment.
As he was dying, Imam Malik
was asked how he was feeling. He said, "I do not know what to tell you, but
some day, you will experience the sweetness of Allah's forgiveness exactly as I
do now." He wanted to make things easy for people even while he was dying. He
kept repeating Allah's name "al-'afuww" (The Effacer of sins) until he
died. He died leaving three sons, one daughter and 3000 dirhams. It is said
that Malik was the only one mourned by the people of Madinah as much as they
mourned the rightly guided Caliphs. His death
reminded them of the death of the Prophet (SAWS). Imam Malik was buried
in Al-Baqi',
next to Ibrahim, the Prophet's (SAWS) son.
That was the story of Imam
Malik. He paved the way for the Science of Hadith and
Islamic Jurisprudence; for al-Bukhary
and ash-Shafi'y. I ask Allah to gather us with him in jannah
(Paradise), to enable us to learn from him how to co-exist with each other, and
to resolve our conflicts.
