فقہ مالکی کے اصول استنباط: Principles of Fiqh Maliki

Abstract

 Hazrat Imam Malik learned Hadith and Jurisprudence from the jurists of Saba, then the Taliban from the East and the West continued to teach the sciences of the Prophet's Hadith and jurisprudence and fatwas in their light. If you could not find the answer to a problem in the received hadiths, you would issue a fatwa based on its image, if you did not find an image of it in your own knowledge, then you would perform ijtihad and extract the rulings of the text, subject, indication and meaning of the Book of Sunnah. He used to compare the texts, comparing the Sunnah with the Book, if he could not find a suitable text, he would resort to inferences in the Instinbat ruling, if there was expediency in mind, then he would issue a fatwa according to such expediency, which was not against the text of the Sharia (peace be upon him). Kitabullah, Sunnah Rasoolullah, Fatqad-e-Taba, Qiyas and Masal Mursalah are the main sources of Fiqh Malik. Imam Malik did not codify the principles on which he built his religion and on the basis of which he derived the sub-rules and took into account in the inference problems, but still he wrote down some of his fatadas, problems, hadiths that are connected and connected, and Mursalah. And he hinted at the editing of Balaghat, even if he did not explain the method, for example, he stated in Muta that he derived Hadith Mursal, Hadith disconnected and Balaghat, but he did not explain the method of derivation. Because he did not do Qur'id in the arguable parts of the isnad and because he used to narrate the hadith from reliable narrators, this is the reason why your full attention was on such a person who narrated the hadith from you. Obviously, when the narrator was trustworthy in terms of his own intellect and jurisprudence, there was little need for debate in the chain of chain of transmission. Imam Malik has clearly explained the method of derivation of the people of Madinah and its medicine, so his Mu'ta derivation is supposed to consist of, see an example of this, that Hazrat Imam Malik lost his wife who was married to another person. married to and the missing person returned to her again. Is there a presumption on the woman whose husband divorced her and returned to her, but the wife did not know about the divorce and did not know about the Jamaat? In the same suspicious condition, you have married another. In the same way, such things will be found in Muta, which are advisors towards Imam Malik's principles of inference, although these principles have not been explained and justified, for example, the rules of the cause of speculation and its ranks, etc. have not been explained