Kitab Ikhtilaf Malik wa al-Shafi'i (The Disagreement of Malik and al-Shafi'i)

Ideas Words

By Muhammad ibn Idris al-Shafi'i

كتاب اختلاف مالك والشافعي

A book of al-Umm in the form of questions put by al-Rabi' ibn Sulayman to al-Shafi'i. It opens with al-Shafi'i's rule for when a report from the Prophet ﷺ is established, then follows questions in which Malik took a hadith in one case and left it in a parallel one, or departed from what he himself narrated, in prayer, alms, sales, judgements, pilgrimage and jihad, and Malik's departures from reports from Uthman, A'isha, Ibn Abbas and Zayd ibn Thabit (may God be pleased with him). It is al-Shafi'i's critique of his teacher's method, attributed to him.

Depth

At a glance

Era
The Early Abbasid Caliphate
Region
Arabia · Egypt & Nile

Contested: This record includes matters on which scholars differ. The speaker's views are labelled as his, and other views are marked where no cited source yet exists.

Law and courtsDevelopment of law, theology and institutions

Summary

The Book of the Disagreement of Malik and al-Shafi'i is book 70 in the Dar al-Wafa' numbering of al-Umm. It takes the form of questions put to al-Shafi'i by al-Rabi' ibn Sulayman al-Muradi, the muezzin, al-Shafi'i's companion, who sometimes speaks for the followers of Malik; the editor notes that "our master" in his questions means Imam Malik. 1 2 It is al-Shafi'i's critique of his teacher's way of using hadith, which the museum reports as his. 2

The rule at its opening

Al-Rabi' asks how a report from the Messenger of God is established; al-Shafi'i refers to his book Jima' al-Ilm and restates his doctrine: when a trustworthy narrator relates from a trustworthy one back to the Prophet it is established, and no hadith of the Prophet is left except for another of his that contradicts it; when hadiths conflict, either one abrogates the other, or the better attested is taken, and if they are equal, the one closer to the Book and the sunna. 1 When there is a hadith from the Prophet with nothing from him against it, al-Shafi'i disregards whatever anyone below him says against it. 2 Al-Rabi' asks: does our master follow this doctrine? Al-Shafi'i answers that he followed it in some of knowledge and left it in some, and promises to mention hadiths of the Prophet that Malik adopted with nothing from Abu Bakr, Umar, Uthman or Ali agreeing, and others he adopted although some of the imams are reported to differ. 2

Examples

  • The eclipse prayer: al-Shafi'i relates from Malik the hadith of Ibn Abbas and A'isha that the Prophet prayed two rak'as during an eclipse with two bowings in each, and says: we and you adopted it, and others differed from us. 2 See the eclipse prayer.
  • Raising the hands: he argues from Malik's hadith from Ibn Umar on raising the hands at the opening, at bowing and on rising, and tells his Maliki interlocutor that they leave what Malik narrated from the Prophet and from Ibn Umar. 3 4 See raising the hands in prayer.
  • In one place the interlocutor reports that others rejected a hadith they relied on because it was mursal and from a man people avoided narrating from, and calls that unfair; al-Shafi'i answers: you are less fair than they, since you disregard their hadith that is established for them and contradict what you yourselves narrate from the Prophet. 3

Its chapters

The running heads show its chapters: prayer, alms, sale of fruit, judgements, manumission, the imam praying seated, raising the hands, saying amin aloud, prostrations of the Qur'an, prayer inside the Ka'ba, witr, recitation at the two festivals, combining prayers, the woman with irregular bleeding, a dog licking a vessel, funerals, missing the pilgrimage, tamattu', life-grants ('umra), the birth sacrifice ('aqiqa), sales, marriage without a guardian, the minimum dower, clientage, lost property, wiping over leather socks, jihad, reviving dead land, the qasama oath, and then chapters on Malik's departure from what he narrated from Uthman, and his differences with A'isha, Ibn Abbas and Zayd ibn Thabit. 2 5 6 7 8 9 10 11 12 13 14 15

Points of view

Opinions on the question

First opinion · Sunni tradition (the museum's frame) · Sunni, Shafi'i: al-Shafi'i (his view)Main reference

Malik adopted a hadith in some places and left it in parallel ones, and his followers argue from a hadith at one time and abandon it at another without a contrary hadith. 2
More opinions (1)

Sunni tradition (the museum's frame) · Sunni, Maliki: not yet sourced (needs_source)Main reference

the Maliki answer to this critique and their account of Malik's principles, such as the practice of the people of Medina, are not given here from their own books.

Connections

Explore the connections

Part of
Kitab al-Umm
Critic of
Malik ibn Anas
About
Malik ibn Anas

People and things also explored

al-Burhan fi Usul al-Fiqh· Kitab Ikhtilaf al-Iraqiyyin (The Disagreement of the Iraqis)· Ikhtilaf Ali wa Abd Allah ibn Mas'ud (The Disagreement of Ali and Ibn Mas'ud)· Judgement on one witness and the claimant's oath· Liability of craftsmen (the common hired worker)· The Maliki school (madhhab)· al-Tamhid li-ma fi al-Muwatta' min al-Ma'ani wa-al-Asanid· Kitab al-Umm

Sources

  1. al-Shafi'i, al-Umm, vol. 8 (ed. Rif'at Fawzi Abd al-Muttalib, Dar al-Wafa', 2001) , p.513
  2. al-Shafi'i, al-Umm, vol. 8 (ed. Rif'at Fawzi Abd al-Muttalib, Dar al-Wafa', 2001) , p.514
  3. al-Shafi'i, al-Umm, vol. 8 (ed. Rif'at Fawzi Abd al-Muttalib, Dar al-Wafa', 2001) , p.541
  4. al-Shafi'i, al-Umm, vol. 8 (ed. Rif'at Fawzi Abd al-Muttalib, Dar al-Wafa', 2001) , p.544
  5. al-Shafi'i, al-Umm, vol. 8 (ed. Rif'at Fawzi Abd al-Muttalib, Dar al-Wafa', 2001) , p.532
  6. al-Shafi'i, al-Umm, vol. 8 (ed. Rif'at Fawzi Abd al-Muttalib, Dar al-Wafa', 2001) , p.545
  7. al-Shafi'i, al-Umm, vol. 8 (ed. Rif'at Fawzi Abd al-Muttalib, Dar al-Wafa', 2001) , p.554
  8. al-Shafi'i, al-Umm, vol. 8 (ed. Rif'at Fawzi Abd al-Muttalib, Dar al-Wafa', 2001) , p.571
  9. al-Shafi'i, al-Umm, vol. 8 (ed. Rif'at Fawzi Abd al-Muttalib, Dar al-Wafa', 2001) , p.596
  10. al-Shafi'i, al-Umm, vol. 8 (ed. Rif'at Fawzi Abd al-Muttalib, Dar al-Wafa', 2001) , p.610
  11. al-Shafi'i, al-Umm, vol. 8 (ed. Rif'at Fawzi Abd al-Muttalib, Dar al-Wafa', 2001) , p.636
  12. al-Shafi'i, al-Umm, vol. 8 (ed. Rif'at Fawzi Abd al-Muttalib, Dar al-Wafa', 2001) , p.674
  13. al-Shafi'i, al-Umm, vol. 8 (ed. Rif'at Fawzi Abd al-Muttalib, Dar al-Wafa', 2001) , p.678
  14. al-Shafi'i, al-Umm, vol. 8 (ed. Rif'at Fawzi Abd al-Muttalib, Dar al-Wafa', 2001) , p.681
  15. al-Shafi'i, al-Umm, vol. 8 (ed. Rif'at Fawzi Abd al-Muttalib, Dar al-Wafa', 2001) , p.685
Cite this page

islam.museum contributors. “Kitab Ikhtilaf Malik wa al-Shafi'i (The Disagreement of Malik and al-Shafi'i)”. islam.museum, https://islam.museum/en/work/ikhtilaf-malik-wal-shafii/. CC BY-SA 4.0. Last updated 2026-11-04.

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al-Burhan fi Usul al-Fiqh

A work of legal theory by Imam al-Haramayn Abu al-Ma'ali Abd al-Malik ibn Abd Allah ibn Yusuf al-Juwayni, opening with the statement that legal theory draws on kalam, Arabic and substantive law, and then setting out exposition, commands, prohibitions, generality, interpretation, the Prophet's acts, reports, consensus, analogy, inference (istidlal), preference and fatwa; among its best-known passages are its division of the bases of the law into five kinds according to whether they rest on necessity, general need or noble conduct, and its account of three positions on unattested inference.