About the Book
Compiled during the reign of Mansur, the second. Abbasid Caliph, Muwatta’ Imam Malik is regarded as the most authentic book on Hadith. Imam Malik passed his entire life in Madinah and, therefore, had direct access to the most reliable authorities on Hadith because most of the leading companions and their successors live and died there and narrated traditions. The Muwatta is based on the traditions narrated by them and juristic verdicts given by them, and thus it deals only with such Ahadith as have a bearing on juristic verdicts.
Preface
Muwatta’ of Imam Malik, compiled during the early abbasid period, is regarded by some scholars, including Shah waliyullah, as the most authentic book on Hadith. The juristic verdicts in Muwatta reflect the practice of the Medinese and the consensus of the Medinese scholars.
After the demise of the Holy Prophet (may peace be upon him, many of his Companions settled in the conquered provinces. Some of their successors collected and codified Hadith. For example, Ibn Jarih in Makkah, Awza I in Syria, Hammad in Basrah, Haitham in Wasit, Ma’mar in the Yemen, Ibn Mubarak in Khurasan and Jarir b. Hamid in Rayy collected Hadith. But none of these collections could compare with the Muwatta’ of Imam Malik, who passed his whole life in Madinah and, therefore, had direct access to the most reliable authorities on Hadith, because most of the leading Companions of the Holy Prophet (may peace be upon him) and their successors lived and died in Madinah and narrated traditions from the Holy Prophet (may peace be upon him). The Muwatta of Imam Malik is based on the traditions narrated by them and the Juristic verdicts given by them.
The word “Muwatta’ “ literally means the trodden or beaten path In his book, Musawwa, Shah Waliyullah says that “trodden path” or “beaten path” means the path followed by eminent religious authorities. In other words, it means those verdicts which have been discussed by all religious scholars and about which there is complete agreement. According to Maulana Sulaiman Nadvi, “Muwatta’ “ means that trodden or beaten path which has been trodden upon by all the Companions of the-Holy Prophet (may peace be upon him), or, in other words, it means the agreed practice of the Companions of the Holy Prophet (may peace be upon him).
Before Imam Malik finalised his book, the Muwatta’ contained about ten thousand traditions of the Holy Prophet (may peace be upon him), but since Imam Malik exercised great care in selecting Hadith (traditions), he omitted eight thousand traditions. In its final form, the Muwatta’ contains only about two thousand ahadith (traditions). Since the Muwatta’ deals only with such ahadith as have a bearing on juristic verdicts, it omits many chapters and headings found in the Sahihs of Imam Bukhari, Imam Muslim, Tirmidhi, and others. Muwatta’ has been narrated from Imam Malik in thirty different ways. Of these, sixteen are famous. Four narrations, those by Yahya, Ibn Bukair, Abu Mus’ab and Ibn Wahb, are most authoritative, but Yahya’ s narration surpasses them all in popularity and fame.
Imam Malik ‘ s jurisprudence (fiqh) produced lasting effects on the entire Muslim world. His disciples spread in all the provinces of the Muslim Empire. It is true that Imam Abu Hanifah’s disciples were scattered in the Hijaz, Persia and Transoxania, but they did not reach Africa and Spain. Imam Awza’i’s fiqh (jurisprudence) won popularity in Spain, but it did not benefit the people of Iraq and Persia. On the other hand, Imam Malik’ s disciples carried his juristic learning to all corners of the Muslim world.
The Muwatta’ of Imam Malik was compiled during the reign of Mansur, the second Abbasid Caliph. After he was installed as Caliph in 136 A.H., Mansur made his first Pilgrimage to Makkah. He visited Madinah where he was received by leading scholars and men of eminence. Sufyan Thawri, Sulaiman Khwass and Imam Malik also came to greet him. When Mansur saw Imam Malik, he addressed him saying: “I have become disgusted with the differences of the jurists on Islamic law in different regions of the Empire. There is nothing of juristic learning in Iraq. The Syrians are’ known for their ardent love for jihad. There is little learning among them. All juristic knowledge and scholarship is centred in Hijaz and you are the leader of the scholars of Hijaz. I wish that your book, Muwatta , may be kept in a prominent place in the Ka’bah, so that all the people should refer to it on juristic questions. I also wish that copies of the Muwatta’ may be circulated in all parts of the Empire so that all juristic verdicts may conform to it.” But Imam Malik expressed his disagreement with the opinion of Mansur. He said’: “The Companions of the Holy Prophet (may peace be upon him) settled in all provinces of the Empire. Their juristic opinions and verdicts command respect and reverence of jurists in different regions of the Empire and the people of these regions follow their juristic opinions. Under these conditions, the people should not be forced to follow the opinions of a single jurist who is not infallible, after all, and may commit errors.”
Another incident of the same kind shows the sturdy independence of mind of Imam Malik and his refusal to submit to the wishes of the governmental authority. Although Mansur was very kind to the Imam, the latter never recognised the legitimacy of his government. Once he issued a fatwa that the caliphate belongs rightfully to Nafs Zakiyya, a descendant of the Holy Prophet (may peace be upon him). The people objected saying that they had sworn fealty to Mansur, Imam Malik said : “Mansur has coerced you into doing this and the Shari fah does not regard as valid any act done under coercion. There is a hadith (tradition of the Holy Prophet) that if a man is forced to divorce his wife, the divorce would be invalid.” On hearing this, Ja’ far, the Governor of Madinah, asked the people to renew their oath of fealty to Mansur and ordered Imam Malik not to issue any fatwa declaring that a divorce obtained by force or under coercion is invalid as this would strengthen the case of those who regarded as invalid the oath of fealty obtained by Mansur under coercion. But Imam Malik refused to be browbeaten and continued to give his verdict against divorce under coercion. For this act of disobedience to the governmental authority, Imam Malik was flogged in public until he bled white, but still he refused to bow to the wishes of the rulers.
Introduction
It is my profound honour to introduce this posthumous English version of Imam Malik ‘ s Muwatta’ by late Professor Muhammad Rahimuddin who, to the best of my fortune, was my reverend father and teacher. As Maulana Mazheruddin Siddiqi has written the Preface and discussed Muwatta’, I will confine myself only to introducing the reverend and learned translator.
Professor Muhammad Rahimuddin started his career as an Assistant Professor of English of Nizam College wherefrom he was transferred to Osmania University and offered the seat of professorship. Many renowned scholars of international fame had the honour or being his pupils. Suffice to name here Dr Raziuddin Siddiqi and Dr Muhammad Hamidullah.
While in teens, during his college life, he wrote English verses and translated verses of Hafiz which were published in 1905 and 1919, respectively.
When Professor Muhammad Rahimuddin was in the middle of his life his talents changed trend and turned to Islamic literature. His first contribution was Qur’ani Kirnain (“ Qur ‘anic Beams”), translation of “Parah-i’Amm” with Tafsir on modern scientific lines to quench the thirst ‘of particularly the young educated generation, which desires and demands logical explanation instead of irrationally conventional elucidations of Qur’anic, verses. In this context it would be of interest to quote a few lines from the Foreword to Qurani Kirnain by late Maulana Manazir al-Hasan Gilani:
“Professor Rahimuddin is my colleague. I only
know him as a versatile and adept professor of English
having full command over English literature and
modem trends but very lately it revealed upon me that
he is an equally eminent scholar of Islamic literature
and has a great insight into the universality of the Holy
Qur’an. He is a Muslim to the core and a votary Mu ‘min
and has a unique way of approaching to the mysteries
of the Holy Qur’an.”
After this publication a number of books on Islam and Hadith were transformed into English by Professor Muhammad Rahimuddin. The English version of “Sahifah-i-Hammam d. Munabbih (by Dr. Hamidullah) was very much acclaimed. English translation of al-Din al-Qayyim is another outstanding specimen of his translations.
With the collaboration of Dr. Hamidullah, Introduction to Islam was published which contains invaluable articles by Professor Muhammad Rahimuddin.
During his last days he translated “Parah-i-’ Amm” and wrote its “Tafsir”-on quite modern lines-on the insistence of Maulana Manazir al-Hasan Gilani, which is still in manuscript.
This translation of Muwatta’ is his last contribution. He had revised but a little portion of it when he was summoned by Almighty Allah, may Allah rest him in peace!
Contents
PREFACE
iii
INTRODUCTION
vii
1.
KITAB AL-SALAT
1-106
2.
KITAB AL-JANA’IZ
108-117
3.
KITAB AL-SIYAM
120-131
4.
KITAB AL-I’TIKAF
134-135
5.
KITAB AL-ZAKAT
136-149
6.
KITAB AL-HAJJ
150-202
7.
KITAB AL-JIHAD
203-218
8.
KITAB AL-NADHR WA’L-AIMAN
220-223
9.
KITAB AL-DHABA’I
225-226
10.
KITAB AL-SAID
227-229
11.
KITAB AL-AQIQAH
231-231
12.
KITAB AL-DAHAYA
233-236
13.
KITAB AL-NIKAH
237-250
14.
KITAB AL-TALAQ
252-277
15.
KITAB AL-RADA
280-284
16.
KITAB AL-ITQ WA’L-WALA
285-291
17.
KITAB AL-MUKATAB
292-293
18.
KITAB AL-MUDABBIR
294-294
19.
KITAB AL-BUYU
295-315
20.
KITAB AL-QIRAD
316
21.
KITAB AL-MUSAQAT
318
22.
KITAB AL-KIRA’ AL-ARD
319
23.
KITAB AL-SHUF’AH
320
24.
KITAB AL-AQDIYAH
321-323
25.
KITAB AL-RAHN
325-341
26.
KITAB AL-FARA’ID
342-345
27.
KITAB AL-UQUL
346-355
28.
KITAB AL-QASAMAH
356
29.
KITAB AL-HUDUD
358-363
30.
KITAB AL-SARQAH
366-370
31.
KITAB AL-ASHRABAH
372-374
32.
KITAB AL-JAMI
376-440
INDEX
441
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