What is fiqh maliki?
Fiqh; which arised with the revelation of the Qur’an and whose foundation was formed in Madinah, had continued to progress during the time of the Prophet.
Occurrences during the time of the Prophet in terms of fiqh are the following:
1- Rulings were identified with the wahy (revelation)
Matters that require a ruling were solved by the revelation, the verses (of the Qur’an) that expressed a legal regulation generally followed a particular occurrence or incident. Hence, in some verses of the Qur’an, Allah says to the Prophet “And they ask you…” or “They ask for a fatwa from you..” etc.
Circumstances for which no ayah was revealed, the Prophet himself would derive a ruling. Thus, the second Islamic source was formed, ie. the Sunnah.
2- Rulings were revealed in stages (tadreejan)
Islamic rulings were revealed gradually, ie. step by step. For example; alcohol was prohibited in three stages. Thus, Allah has made it easier to follow the teachings of Islam, with step by step advances.
3- Nasikh (abrogation) has taken place:
Some rulings that were previously revealed, were abolished and replaced with a somewhat equivalent ruling that is more explicit and enforcing. The previous ruling is removed and the new ruling is considered current. This is nasikh.
4- Decisions were made with consensus (shura):
At times, the Prophet consulted his Companions before making a decision, and at other times he relied on his own experience and knowledge. If his decision was not accurate, Allah would amend it for him with a revelation.
5- There was no disagreement (ikhtilaf):
Since nobody has ever objected to any of the Prophet’s decisions, there is no trace of disagreement at this time.
Source: Fiqh1 (According To The Maliki School Of Islamic Law), Erkam Publications
