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By Yasin Dutton

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Extra info for The origins of Islamic law: the Qurʼan, the Muwaṭṭaʼ and Madinan ʻAmal

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41i We have noted that when Malik mentions such 'non-canonical' variants he uSGS the verb qara'a, whereas when he introduces established Qur'anic text he uses some variation of the "formula qtila lliihu. 41 The clear implication of Malik's treatment of the ·two types of 'Qur'anic' citations is that there is a major difference between th~ two: although he might accept the judgements recorded in the shtidhdh variants, these variants are not (or are no longer) part of the text that is to be preserved, recited and acted 'lipon as the Qur'an by the Muslims.

33 As to what it does refer to, he makes it clear in the Muwal/ll' that he prefers the view of Ibn cAbbas ~d CAlI that it refers to ~e ~b~ prayer. 34 This view is in fact supported by cAisha's and I:Iaf~a's read~g if the wa- ('and') is taken to indicate another, separate, item after al-~aliiti lwus{ii, as Ibn Rushd (a1-Jadd) and a1-Bajl both point out,35 but obviously many felt that it indicated that the two were one and the same, as if the phrase wa-~aliiti l-'~ was an explanation of wa-l-~aliiti l"wuspi, and this indeed was the preferred view of Aba l:IanIfa and several others, who considered this interpretation to be bolstered by the, Iyulilh in which the Prophet referred to the '~ prayer on the Day of the Trench as al-~aliit al- 59 , MAuK'S USE OF THE QURJAN 1N THE MUWATTA' wustii 36 Malik andal-Shaficl, however, preferred the interpretation that al~altit al-wusta was the ~b~ prayer, partly because (for them) it was the prayer in which the qunut supplication was made (the verse ends with wa-qumu lilliihi qtinitfn), partly because the ~b~ prayer was the most difficult for people' and the one with the highest reward· and thus the most excellent of the prayers and the most worthy of being singled out for special mention, and partly because it was the most 'central' (wusta) of the (obligatory) prayers in that it came between the two night-time prayers of maghrib and 'ishti' and the two day-time prayers of ;;:uhr and '~, in addition to which, unlike these others, it did.

3. Was ;;ihiir effective only against present wives (and slave-girls, assuming their inclusion), or against future wives as' well? Malik cites three reports to the effect that such an oath did indeed apply to the future. 33 This was also the view of Abu l:Ianlfa, but not of al-Shafici, who held that rather than being a condition that the man had imposed on himself and should thus fulfil (following the general principle that people should abide by their conditions - 'al-Muslimuna 'alii shuriitihim'),34 ;;ihiir, like taliiq, should·only apply to women that a man has immediate rights over, based on a ~adfth to that effect about divorce.

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