Issues Unique to the Maliki School in Women’s Jurisprudence (A Case Study)

DOI:doi.org/10.65613/688518

rekia Debagh*

Research Laboratory for Islamic and Heritage Studies

Debagh.rekia@univ-adrar.edu.dz

Submitted:12/12/2025    accepted: 02/01/2026    published: 01/03/2026

Abstract:

This research paper aims to identify the issues in women’s jurisprudence that are unique to the Maliki school, by examining the established opinion in each issue, presenting its textual and rational evidence, and highlighting the importance of benefiting from the diversity and flexibility of the school’s legal principles in developing specific jurisprudential rulings on the issues under study. The paper also seeks to trace and analyze these issues for proper grounding, rigorous reasoning, and determining their strength through evidence.

The study comprises an introduction, three main sections, and a conclusion. The first section provides introductory definitions related to the Maliki school and its components. The second section presents practical examples of issues unique to the Maliki school concerning women in acts of worship. The third section discusses practical examples of issues unique to the Maliki school related to women in personal status matters, testimonies, and criminal punishments (hudud). The conclusion summarizes the key recommendations and findings.

Keywords: Maliki school, components, jurisprudential issues, women, established opinion.

Introduction:

The Maliki school is one of the four major Islamic jurisprudential schools that gained widespread recognition in the Muslim world, particularly in the Maghreb region. Its prominence is rooted in the scholarship of Imam Malik ibn Anas, the eminent jurist and meticulous hadith scholar, under whose guidance a generation of scholars mastered the school, codified its principles, and simplified its rulings. These scholars played a pivotal role in spreading Maliki jurisprudence through teaching, writing, judicial practice, and issuing fatwas, thereby enriching its intellectual heritage.

Maliki jurisprudence is distinguished by the diversity and richness of its foundational principles, which has enabled the school to develop unique jurisprudential rulings not found in other schools, particularly in matters related to women, as these rulings often consider the distinct legal circumstances of women compared to men.

1.1 Research Problem: The central research question of this study is:
What are the jurisprudential issues related to women that distinguish the Maliki school from other Islamic legal schools?

1.2 Research Hypotheses: The study is based on the following hypotheses:

1.3 Research Objectives: This study aims to:

1.4 Research Methodology: The study employs the following methodology:

1.5 Research Structure:

2. Section One – Introductory Definitions of the Maliki School and Its Components

2.1 Definition and Origin of the Maliki School

2.1.1 Definition of the School (Linguistic and Technical):

a. Linguistic Definition: The term madhhab is derived from the verb dhahaba (ذهب). As Ibn Faris explains, the root letters dhāl, hāʾ, and bāʾ indicate goodness and freshness. From this root, the word dhahab (gold) became widely known. Another meaning of the root refers to a path; one says dhahaba, meaning “to follow a good path” (Al-Qazwini, 1979, p. 362).

b. Technical Definition: Technically, a madhhab is: “A customary reality that reflects the rulings of a leading jurist, and among later jurists, the term came to denote the most authoritative opinions of a school, particularly the opinions most relied upon for issuing legal rulings” (Al-Hattab, 1992, p. 24).

c. Concept of the Maliki School: The Maliki school refers to the set of principles and rules upon which Imam Malik established his rulings and which his followers adhered to (Al-Kashnawi, n.d., p. 6).

2.1.2 Origin of the Maliki School:

The Maliki school was founded by Imam Malik ibn Anas al-Asbahi, a native of Medina, born in 93 AH, where he also grew up and studied under several scholars, including Rabi‘ah al-Ra’i, Nafi‘, Al-Zuhri, Ibn Hurmuz, and others.

Imam Malik was renowned for his piety, integrity, justice, and meticulousness. He was an eminent jurist, hadith scholar, and teacher, and he contributed significantly to Islamic sciences, particularly through his compilation, Al-Muwatta, a comprehensive work on jurisprudence and hadith.

The main textual and rational sources on which Imam Malik based his school include: the Qur’an, the authentic Sunnah, consensus (ijma‘), analogy (qiyas), customary practices (‘urf), the practice of the people of Medina, public interest (maslahah), and blocking the means to evil (sadd al-dhara’i).

Imam Malik had numerous students and disciples across the Islamic world, including Al-Andalus, Africa, Egypt, and Iraq, such as Ibn al-Qasim, Asad ibn al-Furat, and Yahya ibn Yahya al-Laythi. Through their efforts, the Maliki school spread widely in both the East and the West. Prominent Maliki scholars continued the work of their predecessors, promoting the school through teaching, writing, and issuing legal opinions, thereby strengthening and enriching its intellectual heritage (Al-Baghdadi, n.d., p. 58).

The Maliki school became particularly widespread in the Maghreb and Al-Andalus, thanks to the efforts of scholars such as Ziyad ibn Abd al-Rahman (al-Shabtun), Asad ibn al-Furat, and Yahya ibn Yahya al-Laythi, among others, who were dedicated to teaching the school and issuing fatwas. These jurists followed their imam’s methodology, emphasizing derivation, verification, and precision in extracting rulings from foundational principles (Al-Shanqiti, 2015, p. 38).

Stages in the Development of the Maliki School The development of the Maliki school can be divided into three main stages (Ali, 2000, p. 35):

a. The Formation Stage: This is the initial stage, beginning with the establishment of the school by Imam Malik and continuing until the end of the 3rd century AH. This stage culminated with the emergence of the distinguished jurist Qadi Isma‘il ibn Ishaq from Iraq, who authored Al-Mabsut, the last of the major classical compilations. During this stage, the foundations of the school were established, Imam Malik’s reports and oral transmissions were collected, recorded, and organized into recognized works.

b. The Development Stage: This stage encompasses the periods of elaboration, application, and preference. It began around the start of the 4th century AH and is marked by the emergence of prominent Maliki scholars who elaborated rulings, applied principles, and made preferences or distinctions between opinions. This stage ended by the end of the 6th century AH or the early 7th century, following the death of Ibn Shas (610–616 AH), considered the fourth major author relied upon by Khalil ibn Ishaq in his famous Maliki compendium.

c. The Stabilization Stage: This stage roughly began in the early 7th century AH with the appearance of Ibn al-Hajib’s abridgment, Jami‘ al-Ummah, and continues to the present. During this stage, the school witnessed commentaries, abridgments, and marginal notes, as scholars realized that previous jurists’ efforts had left little room for further independent reasoning except through selection, abridgment, or explanation.

Major Foundational Texts of the Maliki School

The principal texts of the Maliki school are considered the core sources that compile the opinions of Imam Malik and his disciples and detail the jurisprudential rulings of the school (Al-Kashnawi, n.d.; Humiti, 2011, pp. 157, 159, 166):

  1. Al-Mudawwana: Considered the most important and oldest text of the Maliki school, it is a documented version of Al-Asadiyyah, compiled by Imam Sahnun in 240 AH.
  2. Al-Wadihah: Authored by ‘Abd al-Malik ibn Habib al-Sulami (d. 226 AH), this book is one of the most influential Maliki texts, heavily relied upon in Al-Andalus. It gained prominence for containing opinions from different Maliki schools.
  3. Al-Mustakhraja (or Al-‘Atibiyyah): This is the third foundational text in Maliki jurisprudence. It was relied upon by many early scholars from both North Africa and Al-Andalus. Ibn Rushd took particular interest in explaining it and comparing its rulings with others. Qadi ‘Iyad also referred to it for certain legal opinions.
  4. Al-Muwaziyah: Authored by Muhammad ibn Ibrahim (known as Ibn al-Muwaz), this text is considered one of the most important Maliki works in North Africa (Al-Kashnawi, n.d., p. 71).

Ibn Khaldun, in his Muqaddimah, summarized the significance of these foundational texts:

“Scholars of the school have continuously engaged with these foundational works through explanation, clarification, and compilation. Scholars in Ifriqiya wrote on the Mudawwana, such as Ibn Yunus, Al-Lakhmi, Ibn Muharriz, Al-Tunisi, Ibn Bashir, and others. Scholars in Al-Andalus wrote on the ‘Atibiyyah, such as Ibn Rushd and his contemporaries. Ibn Abi Zayd compiled all issues, differences, and opinions from these foundational works in his Al-Nawadir, encompassing all essential rulings of the madhahib. Ibn Yunus cited most of them in his commentary on the Mudawwana. The horizons of Maliki jurisprudence flourished in the East and West until the decline of the states of Cordoba and Kairouan, after which the people of the Maghreb adhered to them.” (Ibn Khaldun, 2010, p. 450)

4. Key Terminology in the Maliki School : Some of the most notable terms used in the Maliki school include, but are not limited to:

5. Defining the Components of the Maliki School and Reasons for Its Distinctiveness

1. Definition of Components (Linguistic and Technical):

2. Definition of the Maliki School’s Components:

The components of the Maliki school refer to jurisprudential issues in which the Maliki school holds unique positions, such that its established opinion does not coincide with any of the accepted opinions in the Hanafi, Shafi‘i, or Hanbali schools, regardless of whether these schools agree or differ among themselves (Ibn Khadda, 2024, p. 453).

3. Reasons for the Maliki School’s Distinctiveness:

The main reasons for the Maliki school’s unique positions can be summarized as follows (Salihin, 2005, p. 53):

6. Key Publications on the Components of the Maliki School: Several significant studies have addressed the components of the Maliki school, both in terms of their foundations and practical applications:

  1. “Components of the Maliki School (A Comparative Study with the Three Other Schools in Criminal, Hudud, and Ta‘zir Rulings)” – This was a doctoral dissertation by Hassan Muhammad al-Amin at Umm al-Qura University, Saudi Arabia, 1415 AH (Khadda, 2024, pp. 10–11). The dissertation is divided into an introduction, a preface, two main sections, and a conclusion. The preface introduces Imam Malik, his upbringing, and his scholarly status. The first section examines the Maliki school’s unique positions in criminal law, while the second section addresses Hudud and discretionary punishments (ta‘zir). The conclusion summarizes the main research findings and recommendations.
  2. “Components of the Maliki School in Financial Transactions (A Comparative Study)” – Originally a doctoral thesis by Shams al-Din Muhammad Hamid al-Takina at Umm al-Qura University, 1415 AH. The book was published in 2016/1437 AH by Dar Ibn Hazm in Beirut. The work is organized into a preface and five main chapters. The preface introduces the Maliki school and its components, while the five chapters cover specific issues in financial transactions, including usury (riba), sales, salam contracts, loans, pledges, bankruptcy, partnerships, and agency. The book concludes with key findings and recommendations.
  3. “Components of the Maliki School in Acts of Worship (A Comparative Jurisprudential Study)” – This doctoral dissertation by ‘Abd al-Majid Mahmoud Salihin was published by Dar Ibn Hazm in Beirut, 1426 AH/2005 CE. The study includes an introduction, preface, six chapters, and a conclusion. The preface outlines Imam Malik, the origins of the Maliki school, and its primary sources. The chapters address components related to purification, prayer and funerals, zakat and fasting, Hajj and ‘Umrah, dietary laws, sacrifices and ‘Aqiqah, and oaths, vows, and jihad. The dissertation concludes with the main practical findings and recommendations.
  4. Master’s Thesis: “Maliki Distinctiveness in the Chapter of Marriage (Collection and Study)” – Prepared by ‘Abd al-Latif Ba‘ji at the University of Al-Hajj Lakhdar, Batna, Algeria, 1430–1431 AH/2009–2010 CE. The thesis is organized into a preface, four chapters, and a conclusion. The preface addresses the concept of distinctiveness and its historical classification, while the four chapters cover topics such as engagement and guardianship, marriage contracts, marital rights, and invalid or prohibited marriages. The conclusion presents the main findings.
  5. “Components of the Maliki School in the Chapters of Marriage, Divorce, and ‘Iddah (A Comparative Jurisprudential Study)” – A doctoral dissertation by Si Muhammad ibn Khadda at the University of Ben Yousef ibn Khadda, Algeria, 1443 AH/2024 CE. The dissertation includes a preface on the Maliki school and its components and two main sections. The first section collects issues in which Imam Malik held unique positions in the chapter of marriage, while the second section addresses issues related to divorce and ‘iddah. The research concludes with a summary of the main scholarly findings and recommendations (Salihin, 2005, pp. 11, 453–454).

3. Section Two: Practical Examples of Issues Unique to the Maliki School Concerning Women in Acts of Worship

The Maliki school exhibits clear distinctiveness in issues related to women’s acts of worship. Maliki jurists hold certain opinions and rulings that differ from those of other scholars. Below is a detailed presentation of the main issues:

3.1 Issue of Istihzar (Determining Purity Days) for a Menstruating Woman When Her Flow Continues Beyond Its Usual Duration

Jurists differ on the ruling for a woman whose menstruation continues beyond her regular period. The Maliki school holds that she should perform istihzar for three days beyond the longest of her usual periods, provided it does not exceed fifteen days. For instance: if her usual period is thirteen days, she performs istihzar for two days. If it is fourteen days, she performs it for one day. If it is fifteen days, no istihzar is necessary; she is considered pure after the usual period (Al-Madani, 1994, p. 151; Ibn Ishaq, 2005, p. 26).

Evidence for the Maliki Ruling:

3.2 Issue of a Menstruating Woman Reading the Qur’an Without Touching the Mushaf

Jurists agree that a menstruating woman may not touch the Mushaf, except in the Maliki school, which allows it for teachers and students. Regarding reading from memory:

Evidence:

3.3 Issue of a Woman Leading Other Women in Prayer

While all four schools (Hanafi, Maliki, Shafi‘i, Hanbali) agree that a woman may not lead men in prayer, Malikis uniquely hold that a woman may not lead other women, whether in obligatory (fard) or voluntary (nafl) prayers.

Evidence:

3.4 Issue of Women Clapping During Prayer

All four schools agree that men should say subhanallah in case of error or distraction during prayer (Al-Bukhari, Hadith 1234, p. 70). Views differ on women: Hanafis, Shafi‘is, and Hanbalis permit women to clap. Malikis uniquely hold that women should say subhanallah, similar to men, rather than clap. Ibn al-Qasim reports that Malik preferred subhanallah for women and considered clapping inappropriate (Ibn Anas, 1994, p. 190). Al-Sawi emphasized that subhanallah is preferable in all circumstances (Al-Sawi, 1956, p. 342).

Evidence and Reasoning:

5.3 Issue of Feeding a Dependent Infant if a Nursing Woman Breaks Her Fast Out of Fear for the Child

Jurists agree that both pregnant and nursing women who break their fast during Ramadan are required to make up the missed days (qada’), but they differ regarding the obligation to feed a needy person (fidyah). Specifically, the Maliki school holds that: A nursing woman who breaks her fast out of concern for her infant must provide fidyah for each day she breaks. A pregnant woman who fears for her pregnancy is not required to provide fidyah.

Al-Sawi states: “It is obligatory to feed [a needy person] for every day a nursing woman breaks her fast out of fear for her child, unlike a pregnant woman fearing for her pregnancy” (Al-Sawi, 1952, p. 722).

Similarly, As-hal al-Madarik notes: “If a nursing woman fears for her child and cannot hire someone to feed it, or no one else accepts, she may break the fast and must provide food” (Al-Kashnawi, n.d., p. 427).

Evidence and Reasoning:

6.3 Issue of the Requirement of a Mahram for a Woman Performing Hajj

This issue has been debated among jurists, particularly regarding obligatory Hajj. The Maliki school uniquely holds that a mahram is not strictly required if the woman has a trustworthy companion, as this is considered sufficient. Ibn Rushd al-Jadd discussed the disagreement concerning a woman who has not performed Hajj before and has no husband or mahram to accompany her. According to Imam Malik, the obligation of Hajj remains, and she may travel with a safe group of women or trustworthy believers (Al-Qurtubi, 1988, p. 228). Ibn Yunus affirmed that a woman may perform Hajj accompanied by a group of trustworthy women or men without a mahram among them (Ibn Yunus, 2013, p. 162).

Evidence:

4. Practical Examples of Issues Unique to the Maliki School Concerning Women in Personal Status, Testimony, and Hudud (Penal) Matters

4.1 Issue of “Two Guardians” (Dhat al-Waliyyayn)

This concerns a woman whose marriage is contracted by two guardians without coordination between them. Jurists differ, but the Maliki school uniquely holds that the husband who contracts the marriage first has priority as long as the second does not consummate the marriage. If it is known who contracted first, he is entitled to the marriage. If one of them consummates the marriage, he is entitled, even if he contracted later. If the first is unknown and neither has consummated, both contracts are annulled, and the woman may choose a new marriage partner (Ibn Anas, 1994, p. 110). Al-Qarafi supports this, stating that if a woman is married to two men, the first contract is valid if identified, unless the second consummates, in which case consummation determines entitlement, based on the ruling of Caliph ‘Umar (Al-Qarafi, 1994, p. 253).

Evidence:

4.2 Issue of Exempting Noble Women from Breastfeeding Their Child

Regarding the obligation of breastfeeding, the Maliki school uniquely holds that noble women (sharifah) are not obliged to breastfeed, except in specific necessary cases. Ibn al-‘Arabi explains that while all mothers are generally required to breastfeed according to Sharia, Imam Malik exempted women of high social standing, based on public interest (maslahah) (Ibn al-‘Arabi, 2003, p. 278).

Ibn Rushd adds that Malikis impose breastfeeding on lower-class women, but noble women are exempt unless the child refuses other milk (Ibn Rushd, 2004, p. 79).

Evidence:

4.3 Issue of Women’s Testimony in Matters Not Typically Observed by Men

Jurists agree that women may testify alone in matters not commonly witnessed by men, such as menstruation or childbirth. Malikis uniquely hold that the testimony of two women suffices, equating it to that of two men.

Maliki texts allow two women’s testimony in matters not accessible to men, such as childbirth, the beginning of menstruation, and certain physical defects, without contradicting the general principle that women’s testimony is not accepted in financial matters (Abu al-Hasan, 1994, p. 344; Al-Qarafi, 1994, p. 250).

Evidence:

  1. ‘Abd al-Razzaq: “The Sunnah allows women to testify alone in matters concerning childbirth or newborn cries, and in other women’s matters not seen by men, and two women’s testimony is valid” (Abd al-Razzaq, n.d., p. 333).
  2. Analogy to the number of men in testimony.

4.4 Issue of Excluding Women from Exile (Taghrib) in Adultery Cases

All jurists agree that a non-married adulterer is to be flogged 100 lashes. However, the Maliki school uniquely holds that exile applies only to men, not women.

Al-Qarafi notes: “Women and slaves are not exiled; only free men may be exiled according to the Sunnah” (Al-Qarafi, 1994, p. 289).

Evidence:

  1. Qur’an: “The adulteress and the adulterer – flog each one of them a hundred lashes” (An-Nur: 2).
  2. Reasoning: The verse does not mention exile; Maliki jurists limit exile to free men.
  3. Exiling women without a mahram could lead to harm, contrary to the Prophet’s guidance: “It is not permissible for a believing woman to travel for a day and night without a guardian” (Al-Bukhari, n.d., p. 43). Hence, Malikis hold that not exiling women ensures protection and prevents potential corruption.

5. Conclusion

Through the concise presentation of this article, which addressed the definition of the Maliki school, its unique rulings (mufradat), the reasons for its distinctiveness, and an examination of the issues in which it has a unique stance regarding women’s jurisprudence, highlighting the Maliki jurists’ meticulousness and rigor in evidentiary reasoning, the following conclusions and recommendations were reached:

Findings:

Recommendations:

  1. Encourage academic and scientific research focusing on the terminology used across different jurisprudential schools, with particular attention to women’s jurisprudence.
  2. Utilize the scholarly legacy of Maliki jurists by editing and publishing manuscripts related to jurisprudential mufradat.

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