The Juristic Choices of Imam Sahnun

Abstract

This study examines selected juristic choices (ikhtiyārāt) of one of the leading imams of the Mālikī school of law, namely Imam Sahnun – the transmitter of the Mudawwanah of Imam Mālik – by presenting his preferred positions among Mālik's various opinions, along with an exposition and discussion of the supporting evidence, an exploration of the reasons for scholarly disagreement on each issue, and an identification of the most preponderant view. This research directs scholars' attention toward the study of juristic choice-related questions and aims to draw benefit from them in addressing many contemporary issues and emergent legal incidents (nawāzil), given that the nature of Islamic jurisprudence, and particularly the Mālikī school, lies in its capacity to engage with such new occurrences through the wealth of legal evidence and foundational jurisprudential and methodological principles it encompasses. It is in this context that the figure of Imam Sahnun emerges as one of the prominent scholars of Mālikī jurisprudence, whose choices were grounded in the strength of evidence derived through rigorous legal reasoning (istinbāṭ) and juristic derivation (takhrij). These choices are recorded in the principal works of Mālikī jurisprudence and merit thorough investigation by researchers and specialists in the field of fiqh. In this study, I present examples of these juristic choices across the chapters of acts of worship (ʿibādāt), food and drink, marriage, sales and transactions, and testimonies. The study begins with an introductory section covering Sahnun's scholarly biography and clarifying the technical terms of "choice" (ikhtiyār) and "well-known opinion" (mashhūr), and concludes with a summary of the most significant findings, followed by a bibliography listing the sources and references relied upon in this research.