Malik and Medina: Islamic Legal Reasoning in the Formative Period (Islamic History and Civilization)
This book studies the legal reasoning of MÄlik ibn Anas (d. 179 H./795 C.E.) in the Muwaá¹á¹a' and Mudawwana. Although focusing on MÄlik, the book presents a broad comparative study of legal reasoning in the first three centuries of Islam. It reexamines the role of considered opinion (ra'y), dissent, and legal ḥadÄ«ths and challenges the paradigm that Muslim jurists ultimately concurred on a "four-source" (QurʾÄn, sunna, consensus, and analogy) theory of law. Instead, MÄlik and Medina emphasizes that the four SunnÄ« schools of law (madhÄhib) emerged during the formative period as distinctive, consistent, yet largely unspoken legal methodologies and persistently maintained their independence and continuity over the next millennium.