The Spread of Maliki Fiqh in the Maghreb between Ibn Taymiyyah and Ibn Khaldun

Abstract

This research investigates the historical factors behind the early spread of Maliki jurisprudence in the Maghreb by examining the perspectives of two major scholars of the 7th and 8th centuries AH, Ibn Taymiyyah al-Harrani and Ibn Khaldun al-Hadrami. It pursues two goals: uncovering their interpretations of how Maliki jurisprudence reached and developed in the Maghreb and Andalusia, and analyzing the epistemological frameworks that shaped these interpretations. The study asks how each explained the introduction of Maliki jurisprudence to Andalusia and what philosophical assumptions underpinned their views. It argues that their differing intellectual orientations influenced their conclusions: Ibn Khaldun, as a general historian, situated jurisprudence within the broader cycles of civilization, linking its rise and decline to social and cultural strength, while Ibn Taymiyyah emphasized the internal dynamics of jurisprudence and the role of direct actors, giving less weight to civilizational hypotheses. The research concludes that Ibn Taymiyyah attributed the spread of Maliki jurisprudence to jurisprudential and contextual factors supported by ruling authorities, whereas Ibn Khaldun offered a more universal philosophical explanation, focusing on broad civilizational laws rather than specific historical details.