JURISPRUDENTIAL CRITICISM AT THE MALIKI JURISPRUDENCE AND THE DATE OF ITS APPEARANCE
The founder and imam of Dar al-Hijrah, may God have mercy on him, was the first figure to criticize the Maliki school of thought. According to the testimony of his students at the time, its final form had less hadiths than its original version, which had ten thousand hadiths. And the reason is that he was grammatically correct, as stated in the biographers' and hadith scholars' writings. He was one of the most circumspect in hearing and updating hadiths, thus he left many of them out and waived their inclusion between the two covers of his author, and he also corrected and criticized many of them.Al-Zubayri noted that Malik added al-Muwatta' to over 10,000 hadiths and that he continued to review and remove it year after year until just this remained; if only a small amount remained, he would remove it altogether. Imam Malik, may God have mercy on him, was extremely inquisitive in deduction, but was very critical of the numerous narrations and fatwas, even when he was demanding a fatwa on an issue, he did not provide a ruling on it till after thinking and contemplating, and his response was often with: I do not know. His disciples, the imams of his school of thought, and those who came after them also traveled this route. The Iraqi arguments between them and the villagers with the other competing schools of thought had a significant influence on updating the doctrine's roots, branches, regulations, and traditions, which assisted the Malikis in developing this critical sense. This led to the rise and brilliance of a huge number of scholars in this field, of whom I will highlight the following: Ibn al-Qasim, Sahnun, al-Qadi Abd al-Wahhab, Ibn Abi Zaid al-Qayrawani, al-Asili, alQabisi, Ibn Abd al-Bar, al-Baji, and many others. However, the book of insight and its companion, Imam Abu al-Hasan al-Lakhmi, and his methodology in studying the issues of the madhhab in it, created a milestone, as scholars unanimously agreed that the study of issues in the Maliki school on this method - the method of jurisprudential criticism - did not appear except with this imam Abi al-Hasan al-Lakhmi, who collected criticism. Jurisprudence of both kinds, as he criticizes narrations and sayings in terms of their attribution at times, and in terms of their deduction and graduation on the fundamentals at other times. Imam Al-Lakhmi also rebuked Ibn Rushd, Ibn Bashir and Ibn Yunus, because they believed that Al-Lakhmi’s actions and criticisms did not take into account the regulations considered in graduating the branches from the rules of the doctrine, but the follower of their approach in criticism notices that they followed his example and were influenced by his way of commenting on the blog.
Keywords: Jurisprudential Criticism, The Maliki Jurisprudence.