“The Maliki School of Jurisprudence and Its
Contemporary Manifestations”
23-24-25 Rabi’ I, 1433/ 14-15-16 February, 2012
An International Academic Conference
The Conference Book
1
The scholarly committee of the conference on the Maliki School of Jurisprudence and its
Contemporary Manifestations presents this book which comprises the abstracts for the
different papers in accordance with the different themes; this contributes to enriching
academic research, disseminating ideas and endorsing curricula and also contributes to
extensive media coverage. This book comprises thirty three abstracts by a number of
researchers from different parts of the world, including Morocco, Algeria, Tunisia, Nigeria,
South Africa, the Netherlands, Germany, the United States and Canada. Seeing the
importance of these abstracts, the committee took notice of introducing them in Arabic,
French and English, to initiate a global dialogue.
This book also comprises seven selected Sufi poems which will be presented in a poetry
recital session by a number of Moroccan poets and an American poet. The committee also
took notice of introducing researchers and poets and making available their contact
information to open space for dialogue.
We do wish that this book will fulfill its objectives
The scholarly committee
2
An International Academic Conference:
The Maliki School of Jurisprudence and its
Contemporary Manifestations
Introduction:
The authenticity of the Maliki School, its richness as well as its ability to be renewed and
developed have made it one of the most studied schools of jurisprudence at the level academic
research. Indeed, various conferences had shed light on its first adherents, its approved
sources, the manuscripts written by its scholars and its spread all over the Islamic World.
Among one of the great conferences that has been organized about the Maliki School is the
one that took place in Fez from March 26th to 28th in 2008. It was held under the title “The
Maliki School of Jurisprudence in Morocco: From the Muwatta’ to the Mudawwanah”. The
main conclusion that has been drawn from this three days conference was the obvious spread
of Islam over other places in the world such as the European and American continents. This
was explained by being the result of the significant dislocation of communities from Muslim
countries, especially those adhering to the Maliki School, in addition to the emergence of a
significant category of Europeans and Americans who converted to Islam and implemented
the Maliki School in jurisprudence and dealings. This expansion suggested new horizons of
research with regards to the contact of the Maliki School with the western culture, and what it
comprises of traditions, laws and a reality of life which is very different from that which the
Maliki School experienced before.
To proceed with the above efforts, an international academic conference will be organized on
the theme of: “The Maliki School of Jurisprudence and its Contemporary Manifestations”.
This latter is aiming to explore new horizons of interpretation, and explore the attempts of
many westerners to re-read the Maliki School from their own perspective. This conference
aims also at jointly probe the common grounds and the interrelation between the Maliki
School and the Western traditions and laws, also to suggest intricacies related to the
complexity of the modern life, especially in non-Muslim countries, where the Maliki School
knows a great expansion.
In an effort to create a dialogue between specialists in the Maliki Jurisprudence and
Humanities, also to shed light on the new visions, concepts, approaches, and to discuss key
3
issues that concern the Maliki School in its contemporary age, an international academic
conference will be organized by the Ketani Scientific Institution in Rabat, the Center for
Studies and Research in Maliki jurisprudence of the Muhammadiyah Association of Scholars
in Kenitra and The Academic Center for Culture and Studies in Fez
This international conference is organized on the theme of “The Maliki School of
Jurisprudence and its Contemporary Manifestations” to be held in Fes, Morocco, from
February 14th to 16th, 2012.
The main aims behind this conference are:
-
To explore the role of the Maliki School in our daily life and the way it is reflected in
the various fields of knowledge, curriculum, science and law. Not only that but also, to
show the Maliki School’s importance in building human civilization.
-
To study the way the Maliki School can be connected to Sufism and Sunnism, and to
uncover its impact on the one’s religious and the spiritual stability.
-
To follow the translation movement of the contemporary Maliki’s works and explore
the role of translation in spreading and conveying the Maliki School, also to evaluate
how it meets the needs of Muslims in all over the world
-
Create a fruitful discussion between researchers and scholars in various countries of
the world about the reality of the Maliki School in its contemporary contexts.
According to the above aims of the conference, the themes of the conference will be divided
into six main ones:
1- The Maliki School and the doctrinal and spiritual security.
2- The Maliki School and the Islamic culture.
3- The Maliki School and the other schools of fiqh.
4- The Maliki School in Western literature.
5- The Maliki School and contemporary issues.
6- The Maliki School and the International Humanitarian law.
4
These ideas will be approached by researchers from different parts of the world, representing
different majors and sources, united by the interest in the Maliki School at the level of study
and practice.
5
Tuesday, Rabi’ I 23, 1433/ February 14, 2012-01-14
9.00-10.30: The Opening Session
President: Dr Hamza Kettani, president of the Kettani Scholarly Institute
Reporter: Dr Abdellah Maasir
Qur’an Recital
Speech by the general secretary of ar-Rabita Mohammedia of Moroccan scholars
Speech by the president of Sidi Mohammed Ben Abdellah University of Fes
Speech by the president of Ibn Tufail University of Kenitra
Speech by the general secretary of the local religious council of Fes
Speech by the council of Fes
Speech by the organizing committee
10.30-11.00: Launch of exhibitions and tea break
- ‫معرض صور من بعض مخطوطات الخزانة الحسنية لكتاب الموطأ‬
- Publications exhibit by ar-Rabita Mohammedia of Moroccan scholars
- Publications exhibit by the local religious council of Fes
- ‫معرض مخطوطات الفقه المالكي في اللغة األمازيغية السوسية‬
Exhibit on manuscripts on the Maliki tradition in foreign languages
6
11.00-13.30: First Session
The Maliki School of Jurisprudence and the creedal and spiritual security
President: Dr Mohammed Sarrar, President of Ibn al-Qattan Centre of Research on the
Prophet’s hadith tradition and life (seerah)
Reporter: Ms Asmae Masmoudi
 The Creedal Methodology in the Maliki School of Jurisprudence. Dr Muhammad alMukhtar Ould Bah, The president of Nouakchott University in Mauritania
 The Maliki School of Jurisprudence and Sufism in West Africa. Dr Zachary Right,
Professor of History and Religions at the American University of Qatar
 The Maliki School of Jurisprudence and Sufism: Ibn ‘Ajiba as an example. Dr
Mahmut Ay, Professor and Researcher from Turkey
 The creed’s role in psychological security according to Imam Malik. Dr Mohammed
Bennasser, Professor at the faculty of letters and humans sciences in Meknes
 Favorable Aspects of the Maliki School of Jurisprudence. Dr Abdel Qadir Battar,
Professor at the Faculty of Letters and Human Sciences in Oujda
13.30-14.00: Discussions
16.00-18.00: Visit to the Qarawiyyin Library
Launching the Derras Ibn Ismail study circles
7
Wednesday, Rabi’ I 24, 1433/ February 15, 2012
9.00-11.30: Second Session (parallel session)
The Maliki School of Jurisprudence and the Islamic Culture
President: Dr al hassan zin al filali, president of the local religious council in Safrou
Reporter: Mr Abderrahim Sounni

The Role of Schools of Jurisprudence in Fostering Dialogue between Islam and the
West. Dr Abderrazak Kasoum, president of the association of scholars in Algeria

The Role of Schools of Jurisprudence in Establishing Moderation and their
Relevance in Higher Education in the Islamic World. Dr Mohammed Alami,
Professor at the Faculty of Law in Salé

The principle of the work of the people of Madina from a contemporary
perspective. Dr Asad Allah Beit, Professor at the Fimmer Institute in Germany

The efforts of Maliki Scholars in Establishing Dialogue with the People of the
Book. Professor Samir Kaddouri, a PhD researcher at the University of Leiden,
the Netherlands

The Contribution of the Maliki School of Jurisprudence in Developing Afro-Arab
Literature. Dr Yusuf Mankila, Professor of modern Arabic literature in Niamey
University of Nigeria
11.30-12.00: Discussions
8
9.00- 11.30: Third Session (parallel session)
The Maliki School of Jurisprudence and other Schools of Jurisprudence
President: Dr Meryem Ait Ahmed, Professor at the faculty of Letters, Ibn Tufeil University,
Kenitra
Reporter: Dr Amina Mzigha
 The Role of the Maliki School of Jurisprudence in Reconciling Schools of
Jurisprudence in the Islamic West. Dr Arossi Mizouri, Professor of history and
civilization at Zaitouna University- Tunisia
 The Singularity of the Maliki Jurisprudence evidences and their Role in Directing
Controversial Issues. Dr Abdel Hamid Alami, Professor at Dar al-Hadith al-Hassania
 Shah Wali Allah of Delhi’s (d. 1762) Assessment of Malik Fiqh and its
Contemporary Ramifications. Dr Marcia Hermansen, Professor at the Loyola
University of Chicago
 The openness of the Maliki school of jurisprudence on other schools of jurisprudence
through taking difference into account. Dr Abdesalam Ziani, Professor at the faculty
of Shari’a in Fes
 The Position of the Maliki School of Jurisprudence toward Dhahirism. Dr Abderrazak
Ourika, Professor at the faculty of letters and human sciences in Fes
11.30-12.00: Discussions
9
15.00-17.39: The Fourth Session (Parrallel Session)
The Maliki School of Jurisprudence in Western Writings
President: Dr Driss Jouillile, Professor at the Faculty of Law in Meknes
Reporter: Mr Mohammed El Hati
 Translating of some works on the Ash'ari Theology and Maliki Jurisprudence into
Foreign Languages. Dr Ammar Talbi, Vice president of the association of scholars of
Algeria
 The Maliki School Manuscripts in the Famous European libraries. Dr Mohammed
Serrar, Professor at the faculty og Shari’a in Fes
 The Maliki jurisprudence tradition in Al-Andalus and Morocco in the Works of the
Spanish. Dr Hassan Ourakli, professor at the faculty of letters and human sciences in
Tetouan
 On the Efforts of Contemporary Orientalists in Examining the Maliki tradition. Dr
Hamid Lahmar, Professor at the faculty of letters and hulan sciences, Sais, Fes
 Maliki texts in the Americas in the 19th century. Dr Mohammed Ahari, professor at
the Chicago University
 The Maliki School of Jurisprudence in America: a historical background, a religious
identity and a contemporary influence. Dr Aziz El Kobaiti Idrissi, researcher at the
academic centre of culture and studies, Fes
17.30-18.00: Discussions
10
15.00-17.30: The Fifth Session (parallel session)
The Maliki School of Jurisprudence and Contemporary Issues
President: Dr Abdel Hamid, Professor at Dar al-Hadith al-Hassania
Reporter: Ms Naima Mellouki
 The contribution of the jurist al-Hajwi in reviving the Maliki juristic thought in
Morocco. Dr Mohammed Kettani, a professor and a member of the Moroccan
Academy
 Mohammed Murir’s Jurisprudential Renewal in his Book Abhaath Saamiya. Dr Abdel
Hamid Achak, assistant director at Dar al-Hadith al-Hassania in Rabat
 The Maliki School of Jurisprudence and the Importance of Renewal. Dr Abdel Hayy
Ammor, president of the local religious council in Fes
 Evaluating the recent changes of the Mudawwana in the light of the Maliki School of
Jurisprudence. Dr Muhammad Fadel, Professor at the University of Toronto, Canada
 Promoting the Maliki School of Jurisprudence in the modern era: how to understand it
and practice it. Dr Mohammed Tamsamani, professor at the faculty of Shari’a in
Tetouan
 Maliki Jurists and interpretations of sacred texts in the light of contemporary realities.
Dr Mohammed Mosleh, Professor at the faculty of letters and human sciences, Oujda
17.30-18.00: Discussions
11
Thursday, Rabi’ I 25, 1433/ February 16, 2012
9.00-11.30: Sixth Session
The Maliki School of Jurisprudence and the International Human Law
President: Dr. Ahmad Iraqi
Reporter: Dr Idris Ghazi
 The Maliki school and the contemporary financial issues. Dr Ali Kerhdagi, the general
secretary of the international union of Muslim scholars
 The Maliki school and the contemporary financial issues. Dr Abdellah Mouassir,
professor at the faculty of letters and human sciences, Sais, Fes
 The Importance of Malik and the Maliki Madhhab Today. Dr Yassin Dutton, Professor
at the University of Cape Town, West Africa
 Humanitarian principles of international law in the Maliki school. Dr Idris Sefiani,
Professor at the faculty of law in Salé
 Impact of Imam Malik jurisprudence on French civil law "Napoleonic Code". Dr
Abdessalam Fighou, president of the local religious council in Tangier
 The Implications of Maliki Methodology for the Social Sciences. Dr Riyad Aswat,
professor at the University of Melbourne, Australia
11.30-12.00: Discussions
12
15.00-17.30: Poetry Session:
Introduction: Abderrahman Tankoul, president of the University of Ibn Tufail, Kenitra
Reporter: Dr Aziz El Kobaiti Idrissi
With the participation of
Ali Skalli Houssaini
Dr Louisa Bolbers
Amina Lamrini
Mohammed Ali Rabbaoui
Daniel Abdul Hayy Moore
Abdessalam Bouhjar
Mohammed Idrissi abdellaoui
17.30-18.30 : The closing session
President : Dr Abdullah Bennaser Alaoui, president of the academic centre of culture and
studies
General report: Abdellah Mouassir
Recommendations: Dr Abdel Hamid Alami
Speech by participants: Dr Arossi Mizouri
Closing speech: Dr Mohammed Alami
Reading the royal letter: Dr Abdelouhab El Filali
Qur’an recital
13
Abstracts
First Session : The Maliki School of Jurisprudence and the
creedal and spiritual security
 Dr. Mohammed Mokhtar Oueld Bah

Dr. Zachary Right

Dr. Mahmut Ay

Dr. Mohammed Bennesser Alaoui

Dr. Abdel Kadir Bettar
14
Title : Doctrinal Methodology in the Maliki School of Jurisprudence
Dr. Mohammed Mokhtar Oueld Bah
Synopsis of his intervention :
This presentation deals with Imam Malik’s position toward issues of creed and
fundamentals of religion.It also deals with the relationship of the Maliki School with the creed
of Abou Hassan Al-Achari. The characteristics of Maliki –School in the East as presented by
Al-Bakalani and Ibn Moujahid, and the way the Maliki –School spread in Morocco thanks to
many scholars such as Imame Al-Adariand and other religious leaders, the roots of the
Ash’ari creed and the ways it spread in Morocco and produced great theologians such as IbnEnou-ema, Ibn Al-hawat and El-Baji, and the interrelation between the Ash’ari creed and the
Maliki School of Jurisprudence, in addition to other sub titles to be dealt with in this
presentation.
********
Title:Maliki Fiqh and Sufism in the West of Africa: The legal
interpretations of Shaykh Ibrāhīm Niasse
Dr. Zachary Right
Synopsis of his intervention :
Academics have long recognized that many of Islam’s great scholars were well versed in
both the science of Sufism (taṣawwuf) and jurisprudence (fiqh). According to the famous
statement of Imam Mālik, “If someone practices Sufism without acquiring knowledge of the
law, he has become an infidel (zindiq), while he who practices law without acquiring
knowledge of Sufism becomes a debauched degenerate (fāsiq).” The Mālikī School of
jurisprudence has had a particularly close relationship with the various Sufi orders emerging
in North and West Africa.
Although the relationship between Law and Sufism has been established in a theoretical
context, the specifics of how scholars negotiate the boundaries between these two distinct
sciences require closer analysis. If a great many of the Mālikī scholars of North and West
Africa were also Sufis, how did their Sufi inclinations affect their interpretation of Law, and
how did their legal training affect their Sufi practice?
The Senegalese Sufi Shaykh Ibrāhīm Niasse (d. 1975) led arguably the most successful
Muslim movement in twentieth-century Africa (Wright, 2010; Seesemann, 2011). Steeped in
lofty Sufi aspirations such as the attainment of gnosis (maʿrifa), Shaykh Ibrāhīm’s movement
also became characterized by a particular emphasis on Mālikī jurisprudence. While defending
the right of scholarly opinion (ijtihād) outside of the legal school (madhhab), Shaykh
Ibrāhīm’s legal opinions are mostly argued from within the Mālikī School. As such, they
demonstrate the continued adaptability of the legal school. More significantly however,
Shaykh Ibrāhīm’s legal arguments provide a contemporary example – missing in most
discussions of the Law and Sufism – of Sufism’s importance for the process of juristic
interpretation itself.
15
My paper analyzes Shaykh Ibrāhīm’s major work of jurisprudence, Rafʿ al-malām ʿamman
rafaʿa wa qabaḍa iqtidāʾan bi sayyid al-anām, in dialogue with the context of legal practice in
the city of his dwelling, Medina-Baye Kaolack, Senegal. Previous literature on the subject of
Sufism and Law leaves the reader with only one of two possibilities: Sufism undermined the
legal tradition, or Sufism was synonymous with the legal tradition. My conclusion is that
Sufis from within the Mālikī School such as Shaykh Ibrāhīm Niasse have both challenged and
revived the school. They were consummate masters of the legal tradition, but they were not
confined by it. This independence, gained by traditional legal training and Sufi experience,
has been the very mechanism that continues to bring life to the Mālikī School and other legal
traditions.
********
Title : The Maliki School of Jurisprudence and Sufism: Ibn ‘Ajiba as an
example
Dr. Mahmut Ay
Synopsis of his intervention:
Ibn Ajiba is udoubtedly considered to be among the outstanding scholars and sufi
figures of the 12th and 13th c. His main book Al bahr Almadid (the immense ocean) is a
commentary on the Qur’an which combines both an exoteric and an esoteric interpretation of
the Qur’an. Therefore, this paper is an attempt to show Ibn Ajiba’s methodology in the juristic
interpretation of legal rulings. Although he was Maliki, Ibn Ajiba did not confine himself to
detailed interpretations of the Qur’an, he was more concerned with the esoteric aspect of
exegesis. It is also noticed that he was open to other juristic positions and was not strictly
confined to Maliki opinions.
In short this presentation shows the ability of Ibn Ajiba to combine the Maliki
doctrine and esoteric interpretations.
********
Title : The creed’s role in psychological security according to Imame Malik
Dr. Mohammed Bennesser Alaoui
Synopsis of his intervention :
Believing that creed (al-aqida)is the basic element in building his doctrine , and that it is
the safe shore as well as the protector of Islam s essence , pushed Imame Malik to shape both
the major and the minor matters of his doctrine by the doctrinal manifesto(al-aqida)in which
he believes.Hence he devoted some of his writtings against any Islamic religious group (such
as Murj-ites, Fatalists, Khawarijites, Errafidites, Mutazilis and the groupe of Jahm Ben
Safwan)that may falsify the coranic meanings and make them follow their wishes and desires.
Ideologies , doctrines and different creeds have been means of both establishement and
destruction of civilisations and cities.That s why , Imame Malik considered the true Islamic
16
creed as the best means for the achievement of the permanent safe society.Therfore, Maliki
doctrine was so influenced by his attitude twards the true creed.
********
Title: Favorable Aspects of the Maliki School of Jurisprudence
Dr. Abdel Kadir Bettar
Synopsis of his intervention :
This oral presentation aims , in its first conception, to show some of the illuminated sides of
Maliki doctrine in its creedy dimension such as the preservation of Muslim s nation
unity(theory of al-imama ; leadership theory),facing deviating groups (Answering shia and
amautazilis), refusal of addressing muslim people by being atheist(answering Alkhawarij),
defending the transendance of Allah (answering those who believe in incarnation)and the
focus on the practical dimension of religion in stead of non fruitful speculative theology.
********
17
Second Session :The Maliki School of Jurisprudence and
the Islamic Culture

Dr Abderrazak Guessoum

Dr Mohammed Alami

Dr Asadallah Yate

Dr Samir Kaddouri

Dr Youssou Mankaila
18
Title : The Role of Schools of Jurisprudence in Fostering Dialogue between
Islam and the West.
Dr. Abderrazzak Guessoum
Synopsis of his intervention :
Independant reasoning which brings one to bear on a legal or theological issue is one of
Islam s characteristics.If the modern political systems , regardless to their ideologies , declare
themselves to posess the diversity of parties and thought which are the embodiment of the
constructive diversity , the Islamic thought then has been the first to put such a diversity into
practice for a long time, and has supported it by methodologies based on Islamic rational logic
and was inspired by daily life activities of muslims and its change under the effect of
time.Moreover Islamic diversity doesn t contradict with universal human values since it is
against fanatism and refuses both the denial of other cultures and stagnation.
Therfore , i believe that Maliki doctrine is much qualified to establish a true dialogue with
other cultures and at the same time is able to prtect our islamic identity against any virus.
********
Title: The Role of Schools of Jurisprudence in Establishing Moderation and
their Relevance in Higher Education in the Islamic World
Pr Mohammed Alami
Synopsis of his intervention :
This intervention tends to maintain an ancient subject which is forgotten sometimes
nowadays , that is jurisprudential schools are the source of moderation upon which Islamic
nations have settled. It has been considered that jurisprudential schools, which have a
common language and criterion , are schools of general education for bringing people up on
the right legitimacy. therefore, religiously speaking, it is up to Islamic jurisprudence to orient
society and both other religious and rational sciences’.
The jurisprudence-schools can be considered as a practical program to moderation for the
two following reasons the first is that the rise of jurisprudential-schools was for the sake of
facing chaos that prevailed during the period of the first muslim ancestors. Second reason is
related to Fatwa, that is the jurist opinion, whose roots were protected from any kind of
exaggeration by the first jurisprudential leaders .
Historically speaking , sufi orders besides ahl alhadith and Ahl-Addahir couldn’t t lead
society. Such ideas are to be developed in this paper ; Suggestions which intend to support
19
higher education for the sake of spreading moderation for the coming generations are to be
mentioned too in this paper.
********
Title: The principle of ‘Amal Ahlu’ Madina from a contemporary
perspective.
Dr. Asadallah Yate
Synopsis of his intervention :
To understand the real meaning of Islam, the one should go back to investigate the life of
people of the city. Their way of living is the pure source that can provide us with
comprehensive idea about the teaching of Islam. It is consider as a legitimate source for the
understanding of the religion, because Islam was first established in that place; the Medina.
Therefore, a number of imams prefer to be based on medina events and life in deriving the
rules and teachings of Islam. This presentation shows the difference between this method and
another one that is based on the mental approach, and it argues that the first method is
stronger than the second that is to say the work of people of medina is more eligible than any
other method.
********
Title: The efforts of Maliki Scholars in Establishing Dialogue with the
People of the Book
Dr. Samir Keddouri
Synopsis of his intervention:
Most people have come to think that Maliki doctrine is against speculative theology and that
it isn t interested in the act of debating with other people who may have different doctrine,
creed or religion.
In this paper , I ll try , by different arguments, to show the fallacy of the above mentioned
attitude .My arguments will be based on presenting the enormous Maliki production on the
level of speculative theology through different historical stages with chritians and
judaisits.The particular presence of Maliki and its infleunce in Islamic books dealing with
speculative theology is also a part of my arguments. In addition to this, my paper will
include orientalist s methodological and deductions s mistakes in dealing with Andalusian
Maliki scholars in their study.
********
20
Title: The Contribution of the Maliki School of Jurisprudence in Developing
Afro-Arab Literature
Dr. Youssou Mounkiala
Synopsis of his intervention :
This paper is an answer to a question which has prevailed the Arabic literature milieu :did
Maliki doctrine play any role in the developement of Afro-Arabic poetry ?In other words are
Africans indebted to Arab as far as poetry is concerned ?
this paper deals with the presence of Maliki doctrine in Afro-Arabic poetry.therfore , it is
divided into four main parts .the part is an exposition of the state of Arabic language in
Africa.the second part deals with Islamic African identity.the third part is restricted to Afroarabic poetry.the fourth part focus on Arabic s poetry s defence of Islamic Arabic
identity.And at last a conclusion of the most deductions.
********
21
Third Session: The Maliki School of Jurisprudence and
other Schools of Jurisprudence

Dr. Laroussi Mizouri

Dr Abdel Hamid Alami

Dr Marcia Hermansen

Dr Abdesalam Ziani

Dr Abderrazak Ourika
22
Title: The Role of the Maliki School of Jurisprudence in Reconciling
Schools of Jurisprudence in the Islamic West
Dr. Laroussi Mizouri
Synopsis of his intervention :
This presentation seeks to highlight the role of the Maliki school of Islamic West, from a
documentary as well as a historical perspective. This study has shaped a theoretical and
practical aspects that helps in revealing to what extent the Maliki school can create a
reconciliation between doctrines, and it is based on analyzing some examples drawn from
social life and the conditions of urbanization in its stability and its change. This presentation
will show also the advantages of Maliki school and its impact in our current living conditions
as Muslims.
********
Title: The Singularity of the Maliki Jurisprudence evidences and their Role
in Directing Controversial Issues
Dr. Abdel Hamid Alami
Synopsis of his intervention :
In any differences in rules, scholars of the Islamic sciences resort to link God’s law with
people’s reality and their situations to try to find out a way to diminish the existing
differences in religious rules. This takes place through bringing up religious evidences that is
being used to come up with the right religious rule. This presentation comes to shed lights on
the uniqueness of these religious evidences in relation to religious rules and it will show the
uniqueness of Maliki evidences in directing controversial issues.
********
Title: “Shah Wali Allah of Delhi’s (d. 1762) Assessment of Malik Fiqh and
its Contemporary Ramifications”
Dr. Marcia Hermansen
Synopsis of his intervention :
Shah Wali Allah of Delhi (1703-1762) is considered to be one of the most important Muslim
scholars of his period and one of the most distinguished to emerge from South Asia.
As a youth he studied with his father, Shah Abd al-Rahim, who was also a scholar and a Sufi.
While Shah Wali Allah belonged to the Hanafi school of fiqh, a period of nearly two years spent in the
Hijaz with Shaykh Abu Tahir al-Kurdi, a Shafi’i, led him to respect the values and approaches of
various legal traditions, and in particular to pay attention to the work of Imam Malik, since he
concluded that Malik’s Muwatta was the basis of all of the legal schools.
In this paper I will review Shah Wali Allah’s writings for his views on the Maliki school. I
will also examine secondary scholarship on this topic so as to evaluate and integrate existing
scholarship. Finally, since many of Shah Wali Allah’s opinions and elements of his methodology as
23
viewed as inspiring contemporary trends in Islamic thought, I will attempt to trace, if not direct
influences from his writings, at least parallel initiatives on the part of contemporary scholars who are
discovering and recovering elements of Maliki procedure that are especially relevant today.
********
Title: The openness of the Maliki school of jurisprudence on other schools
of jurisprudence through taking difference into account
Dr Abdessalam Ziani
Synopsis of his intervention :
In terms of deriving rules, the religious texts are divided into what have an only one
definite meaning and those that have different aspects of interpretations and several possible
meanings. Since the nature of this last type is presumptive provisions, scholars have differed
in the interpretation of these religious texts depending on their different sights and cognitive
differences. And this difference resulted in differences in rules. In this regards, Maliki school
has been unique in establishing what is called ‘the origin of taking difference into account’
which is consider as one of the element ways that has been used in deriving rules from
religious texts and which has help this school to be oppen on the other schools of Islamic
jurisprudence.
*******
Title: The Position of the Maliki School of Jurisprudence toward Tahirid’s
Trend.
Dr Abderrazzak Ourkia
Synopsis of his intervention :
Among the negative trends that have been developed within the Islamic thoughts is the
Tahirids trend. This later has played a major role in the dissemination of extremist views that
in most cases make it harder for ordinary Muslims to worship or follow the religious rules.
This presentation comes to shed light on this Tahirids trend and show the position of Maliki
school from the interpretations of religious texts that have been introduced by this Tahirids
trend. Not only that, but the main aims of Maliki school in putting an end to this Tahirids
trend.
*******
24
Fourth Session :The Maliki School of Jurisprudence in
Western Writings

Dr Ammar Talbi

Dr Mohammed Serrar

Dr Hassan Ourakli

Dr Hamid Lahmar

Dr Mohammed Ahari

Dr Aziz El Kobaiti Idrissi
25
Title: Translating of some works on the Ash'ari Theology and Maliki
Jurisprudence into Foreign Languages.
Dr. Ammar Talbi
Synopsis of his intervention :
The purpose of this paper is to discuss some of the translations that have been conducted
recently in the field of Ash'ari theology and the Maliki jurisprudence, especially what has
been translated into English and French; such as the translation of A Giude to the Conclusive
Proofs for the Principles of Belief (874 H) by Al - Juwayni, and Bidāyat al - Mujtahid wa
Nihāyat al-Muqtaṣid by Averroes (595 H).
It is worth having a look on such translations and study their faithfulness to the true
meaning of source text starting from the eighteenth century, when The Hidayah:
Acommentary on Islamic Law of Marghinani was firstly translated by Charles Hamilton.
********
Title: The Maliki School Manuscripts in the Famous European libraries
Dr. Mohammed Serrar
Synopsis of his intervention :
European libraries are among the richest libraries that preserve our heritage of manuscripts,
and the Maliki School sources represent an important part of this heritage.
Through its review of the Maliki Heritage of manuscripts in the most Important European
libraries, this paper’s purpose is to:
 Know the kind of Maliki School heritage of manuscripts indexed in the
European libraries.
 Provide suitable premises in the cognitive issues related to the building of
reasoning in the Maliki School and correcting some of the misconceptions.
 Establish a historical record basis to the study of the developments of the
Maliki School and its trends.
********
Title: The Maliki jurisprudence tradition in Al-Andalus and Morocco in the
Works of the Spanish.
Dr. Hassan Ourakli
Synopsis of his intervention :
Spanish Arabism has been interested in many aspects of the Islamic heritage, particularly
the study of the Maliki School Heritage.
26
This paper sheds light on the conclusions of the studies conducted by Spanish Arabism about
the Maliki School of jurisprudence on both sides of the Mediterranean. Hence, to achieve this
goal this paper will fall into four parts supporting the introduction:
1.
2.
3.
4.
An introduction to the Spanish Arabism interest in the Islamic heritage.
On the Spanish Arabism works about the history of Maliki school in Al-Andalus.
On the Spanish Arabism works about the scholars of Maliki School in Al-Andalus.
On the Spanish Arabism works about the examination of texts of jurisprudence in the
Maliki School.
5. On the Spanish Arabism works about the study of texts of jurisprudence in the Maliki
school.
********
Title: On the Efforts of Contemporary Orientalists in Examining the Maliki
tradition.
Dr Hamdi Lahmar
Synopsis of his intervention :
Most of the old and contemporary orientalists have been interested in the Islamic
jurisprudence heritage, in terms of study, examination and publication.
The reason for their interest in the Islamic jurisprudence is because it is the law regulating
the lives of Muslims and their relations with others. In addition to this, some European laws
were influenced by the Islamic jurisprudence.
The Maliki Jurisprudence Heritage has won the lion’s share of interest by the West
European Orientalist for several reasons which we will try to highlight in this paper.
This paper will be made up of an introduction, three parts and a conclusion.
********
Title: Maliki texts in the Americas in the 19th century.
Dr. Mohammed Ahari
Synopsis of his intervention
During the 18th and 19th centuries in North America and the Carribean there were by
most estimates over 40,000 Muslims. Almost all were here in chattel slavery and few were
able to pass Islam on to the next generations. They were West African Muslims of Sufi and
Maliki religious traditions. The Muslims of the late 19th and early 20th centuries were
immigrants from the Indian Subcontinent and the former Ottoman Empire. They were
predominately Salafi or Hanafi and thus had little scholastic, ethnic or religious connections
to the earlier Muslims. However, when writing the history of Islam in American and about the
literature produced by these early Maliki Muslims we find the birth of African-American and
American Muslim literature. Three individuals standout: Bilali Muhammad who wrote a 13
page pamphlet on the Islamic prayer ritual and the essentials of Islamic belief, Shaykh Sana
27
See of Panama who wrote the daily Wird of the Qadariyyah Tariqat, and Abu Bakr of Jamiaca
who wrote a fifty plus page work on Islamic belief, prayer, and Islamic family and community
law. These early Maliki texts are the focus of my presentation.
********
Title: The Maliki School of Jurisprudence in America: a historical
background, a religious identity and a contemporary influence.
Dr. Aziz El Kobaiti Idrissi
Synopsis Of intervention :
The following interference shows the Maliki doctrine s impact s in shaping the
religious identity of American muslims in the U.S.A.The historical meeting of African
muslims slaves with Americans ,the sufi orders s efforts In spreading Islam in America and
the presence of maliki doctrine in American academic milieu are the three main ideas to be
developed in this paper.
In short, the aim of this intervention is to confirm , by proofs and concrete documents , a
truth which is generally dismissed by most religious and historical studies about the existence
of Islam in America. this truth is as follows:Maliki doctrine is an essential element of
American Muslim s identity.
********
28
Fifth Session: The Maliki School of Jurisprudence and
Contemporary Issues

Dr Mohammed Kettani

Dr Abdel Hamid Achak

Dr Abdel Hayy Ammor

Dr Muhammad Fadel

Dr Mohammed Tamsamani

Dr Mohammed Mosleh
29
Title: The contribution of the jurist al-Hajwi in reviving the Maliki juristic
thought in Morocco
Dr. Mohammed Kettani
Synopsis Of intervention :
This comparison seeks to demonstrate the contribution of one of Morocco’s prominent
scholars in reviving the Maliki juristic thought in the modern era, by encouraging the
reconsideration of sacred texts, and contextualizing the Maliki School of Jurisprudence on the
one hand, and liberating it from the stagnation which marked the thought of late jurists on the
other hand. This approach builds on a number of themes related to the thought of al-Hajwi.
********
Title : Mohammed Murir’s Jurisprudential Renewal in his Book Abhaath
Saamiya
Dr. Abdel Hamid Achak
Synopsis Of intervention :
The judge Muhammad Ben Ahmad Murir Tetouani (1877 – 1987) is a significantly
important scholar in terms of jurisprudence renewal in the modern era in Morocco. He spent
his long experience in the field of the judiciary to reform its structures.
He voiced his opinions declaring that the reform desired by the nation starts from the
radical reform of the judiciary and its procedural rules. He considered the judicial institution
as the backbone of the Nation and the guarantee of its welfare.
Murir expressed his judicial theory in his book Abhath Samiya which this paper will try to
highlight.
********
Title : The Maliki School of Jurisprudence and the Importance of Renewal.
Pr. Abdel Hayy Ammor
Synopsis Of intervention :
There are lots of challenges which restrain the application of the Islamic teaching. The
cause of this situation is a result of both the influence of western colonialism and the
stagnation of Ijtihad (interpretative judgment).
30
It is important under these circumstances to renew the jurisprudential heritage and elaborate
a new reading to respond to the requirements of this age by making a balance between
traditions and the International Human Law.
Hence, this paper will discuss:
1. The factors of jurisprudential renewal
2. The concept of Islam for renewal
3. The Areas of jurisprudential renewal
4. Ideas and suggestions for renewal:
* Collective Ijtihad
* The efforts of jurisprudence academies
* Converging jurisprudence schools (Madhahib)
********
Evaluating the recent changes of the Mudawwana in the light of the Maliki School of
Jurisprudence.
Dr. Mohammed Fadel
Synopsis of his intervention :
The question of gender equality is one of those perennial issues that causes controversy
between adherents of shari’a-centered Islamic discourses, on the one hand, and secular
feminists and modern human rights activists, on the other hand. The! Maliki school,
moreover, is often times characterized as being particularly hierarchical and conservative with
respect to its views regarding women’s rights. At the same time, some of the boldest reforms
to the traditional rules of Islamic family law have emerged from Maliki regions of the Islamic
world, e.g., the Tunisian Family Code of 1956 and the Moroccan Amended Family Law Code
(Mudawwana) of 2004. My paper will focus on the question of gender in traditional Maliki
fiqh and in modern legal codes of North Africa (Tunisia, Algeria and Morocco), critically
analyzing both traditional fiqh and modern codes from both the internal perspective of Maliki
jurisprudence and modern values of gender egalitarianism. I will argue that the Maliki school
provides rich resources in support of gender egalitarianism which have yet to be sufficiently
utilized by Muslim countries in their quest to improve the status of Muslim women.
********
31
Title : Promoting the Maliki School of Jurisprudence in the modern era:
how to understand and practice it.
Dr Mohammed Tamsamani
Synopsis of his intervention
This paper is an attempt to shed light on the different aspects of the issue of promoting
and praising a school of jurisprudence over others, which had led to blind disagreement in
many cases. Maliki jurists have indeed been distinguished by their moderation in dealing with
difference. So, this paper addresses the Maliki jurists’ method in dealing with juristic
differences by presenting selected examples in this respect.
********
Title: Maliki Jurists and interpretations of sacred texts in the light of
contemporary realities.
Dr Mohammed El Mosleh
Synopsis of his intervention
The jurisprudence of contemporary reality (fiqh al-waqi’) serves the purpose of fulfilling
the higher objectives of Islamic law. Therefore, jurists strived to read Islamic teachings in
congruence with the changing contemporary reality to meet the needs of people within an
Islamic paradigm. The Maliki jurisprudence has made great contribution in this respect, this is
manifested through the number of fundamentals and interpretative rules which associate
teachings with reality, which allows jurisprudence to absorb the changing realities of the
modern age.
*******
32
Sixth Session: The Maliki School of Jurisprudence and the
International Human Law

Dr Ali Kerhdagi

Dr Abdellah Mouassir

Dr Yassin Dutton

Dr Abdessalam Fighou

Dr Riyad Aswat
33
Title: The Maliki school and the contemporary financial issues:
Dr Ali Qurrah Daghi
Synopsis of his intervention :
This presentation is going to define the Maliki doctrine and its role in using the basic
principles to reveal the rules of contemporary financial issues. Not only this but, also the
contemporary applications in the field of principles and rules, as well as contemporary
applications in terms of contracts and detailed issues.
********
Title : The Maliki school and the contemporary financial issues.
Dr. Abdellah Mouassir
Synopsis of his intervention
Jurisprudence of modern issues (fiqh annawazil)constitues a vivid paradigm to the
contuity of independant reasoning s understanding of the happening events .Hence it is
considered a rich legacy that reflects the continuous presence of Islamic jurisprudence whose
aim is organization and arientation of individual, social and national behavior.In fact , such a
scinece has never been isolated from social, ecnomicel and political developement which
Islamic societis have passed by.Moreover it had had a fundamental understanding of life in its
different fields wether on the worshipping or behaving level.In addition, it stores historical,
social and economical elements in its content.therfore , jurisprudence of modern issues(fiqh
annawazil) requires new studies based on a board methodoloy that may determine the
constant and the changing in books that have dealt so far with hapening events(nawazil) so
that we may be aware of its developpent both vertical y and horizentaly.
Studying economical issues on the basis of Maliki doctrine in its modern context intends
both to make a survey of Maliki scholar s enrching modern s independant
resoaning(ijtihad)and to present some suggestions as soltuitions to modern economical issues.
Tking into account the above mentioned reasons,the pape ris divided into two main parts
.the first part reveals the flexible roots upon which Maliki doctrine depended in dealing with
modern context and reveals at the same time its ability to adjust the indepondant resoaning
with time , place, Individual and context.the second part is confined to showing the presence
of Mliki doctrine in enriching the modern independant resoaning by that have dealt with
jurisprudence financial issues.
********
34
Title: The Importance of Malik and the Maliki Madhhab Today.
Dr Yasin Dutton
Synopsis of his intervention :
From the traditional point of view, there are four equally acceptable Sunni madhhabs
(“schools of law”). However, there is a strong tendency among Muslims today to dismiss the
very idea of madhhab as a rigid and outmoded concept which, via the institution of taqlid
(often considered, incorrectly, as “blind following”), has resulted in the stagnation of Islamic
law, and along with it the stagnation of the Muslim community. For this reason, many hold
that the idea of madhhab should be jettisoned in favour of what is euphemistically referred to
as ittiba‘ (“following”), i.e. following the sunna of the Prophet (almost always understood in
the sense of hadith), but which often ends up with a position which is far removed from any
traditional understanding of the sunna.
In this paper, we consider the importance of Imam Malik, especially his magisterial work
the Muwatta’, in preserving our historically most valid - because closest to the source –
transmission of sunna and hadith as understood through the non-textual lens of the ‘amal, or
practice, of the people of Madina, which became epitomised in the madhhab going under his
name.
*******
Title: Humanitarian principles of international law in the Maliki school
Dr Driss Sefiani
Synopsis of his intervention :
This presentation comes to question the nature of the relation between the international law
and al-Maliki Jurisprudence. It argues that the international law is a subject and a purpose,
while the Maliki Jurisprudence is a school of thought, and there is a big difference between
the two. It shows that Maliki school in particular and the Islamic jurisprudence in general
have set rules that express their views on international law issues, starting from human issues
to state and to the relation between the states in situations of peace and war as well as treaties,
conventions and so on.
********
Title: Impact of Imam Malik jurisprudence on French civil law
"Napoleonic Code"
Dr Abdessalam Fighou
Synopsis of his intervention :
This presentation comes to show the impact of Islamic jurisprudence in general and Malik
jurisprudence in particular on Napoleon law. It proves that "Nicolas Piron" had received an
order from the French government to translate the Maliki jurisprudence and it questions why
the French government ordered the translation of this doctrine. In short this presentation will
investigate the way the French law has been effected by the teachings of Mali
35
Title: The Implications of Maliki Methodology for the Social Sciences
Dr Riayd Aswat
Synopsis of his intervention :
Due to the vast scope of the Maliki madhhab I have chosen to discuss four aspects of
Maliki methodology. They are: (1) its basis in the Qur’an and the sunna of the Prophet
Muhammad, may Allah bless him and grant him peace; (2) Imam Malik’s multidimensional
approach, that is, relating the inner and outer aspects of human personality; (3) his view that
practice or behavior is evidence of knowledge, or to put it differently, the ‘amal ahl alMadina, that is, the practice or sunna of the first three generations of Muslims of Madina
guarantees that theory and practice are inseparable; and (4) considerations of public interest
(masalih mursalat). The vast reach of the social sciences has compelled me to concentrate on
Dr. Abdalqadir al-Sufi’s application of Maliki methodology to a variety of the social sciences.
Dr. Abdalqadir al-Sufi’s writings deal extensively with politics, law, economics, history,
philosophy, sociology, and anthropology. His work of applying the Maliki methodology to
contemporary society has profound consequences for the revival of Islam for Muslims and the
future survival of mankind.
In his writings Dr. Abdalqadir al-Sufi indicates that the prime example of a society in
which the the Qur’an and the sunna were practiced and where the inward and outward
sciences were unified was Madina. This phenomenon was recorded by Malik ibn Anas (711795) in his Muwatta. The Muwatta of Imam Malik is a living record of Madina alMunawwara, the Illuminated City established by the Prophet Muhammad, may Allah bless
him and grant him peace. In their writings, the great philosophers – Plato (Republic), Aristotle
(Politics) and al-Farabi (The Virtuous City) – presented their ideas of the ideal state but such
states were never practically realized. The Prophet Muhammad, may Allah bless him and
grant him peace, however, succeeded in creating his Madina al-Munawwara and it set the
standard for Muslim civilizations till the early twentieth century. Madina was a nomocracy
(law-governed society) governed by Allah’s caliph (representative on earth), the Prophet
Muhammad, may Allah bless him and grant him peace, and thereafter his caliphs.
The principle of governance in Madina, as laid down in the Qur’an, was justice. Since
governing, that is the exercise of political power, is primarily associated with the production,
distribution and consumption of resources, the Islamic polity in Madina guaranteed free trade
and the movement of wealth to all sections of the community. The institutions that developed
from the Madinan model in subsequent Islamic history were the caliphate, the wazirate
(vizierate), the judiciary, the kuttab (administrative secretaries), the bayt al-mal (the treasury),
hisba (administration of the city), the mint, the suq (market), the awqaf (charitable
endowments), and the asnaf (guilds). These institutions, regulated by Islamic law, provided
the means by which Muslim societies functioned. The reestablishment of these institutions
will be the natural consequence of the adoption of Maliki methodology. This paper will show
how this institutional approach extends over politics, law, economics, history, philosophy,
sociology, and anthropology.
********
36
Seventh Session: Poetry Session

Ali Skalli Houssaini

Dr Louisa Bolbers

Amina Lamrini

Daniel Abdul Hayy Moore

Mohammed Ali Rabbaoui

Abdessalam Bouhjar

Mohammed Idrissi abdellaoui
37