al-Ilmaniyya wa al-Madhhab al-Maliki

al-Ilmaniyya wa al-Madhhab al-Maliki (Secularism and the Maliki School) is a contemporary treatise by Moroccan scholar Mustafa Bahou, examining the incompatibility of secularism with Maliki jurisprudence and analyzing the historical implementation of Islamic law in Morocco al-Ilmaniyya wa al-Madhha…+1.

Context and Publication

The work is the third installment in Bahou's research series titled Buhuth fi al-Ilmaniyya ("Studies on Secularism") al-Ilmaniyya wa al-Madhha…+1. It followed the series' introductory volume, al-Ilmaniyya: al-Mafhum wa al-Mazahir wa al-Asbab ("Secularism: Concept, Manifestations, and Causes"), published in August 2011, and the second volume, al-Ilmaniyyun al-Arab wa Mawqifuhum min al-Islam ("Arab Secularists and Their Stance on Islam") al-Ilmaniyya wa al-Madhha…. The first edition of al-Ilmaniyya wa al-Madhhab al-Maliki was published in Sha'ban 1433 AH / July 2012 CE by the Moroccan newspaper Jaridat al-Sabil and printed by Top Press in Rabat al-Ilmaniyya wa al-Madhha….

Structure and Core Arguments

The book combines two interrelated subjects into a single study: secularism's relationship to the Maliki school, and what the application of Sharia signifies within Maliki jurisprudence al-Ilmaniyya wa al-Madhha…. Bahou argues that implementing Islamic law inherently entails the rejection of secularism, and that secular governance fundamentally contradicts the principles of the school al-Ilmaniyya wa al-Madhha….

The author presents several core themes grounded in classical Maliki literature and Moroccan legal history:

• Comprehensive Scope of the Maliki School: Bahou contends that Maliki jurisprudence is not restricted to personal ritual worship (ibada), but constitutes an indivisible legal system (shari'a) regulating political, economic, legal, and social spheres al-Ilmaniyya wa al-Madhha…. To demonstrate this breadth, he cites the structure of foundational texts such as Malik ibn Anas's al-Muwatta, which covers transactions, governance, and judicial administration alongside acts of worship al-Ilmaniyya wa al-Madhha…. He also draws on classical authorities such as al-Qurtubi to argue that Islamic rulers are legally obligated to govern according to the Quran and Sunnah al-Ilmaniyya wa al-Madhha….
• Critique of Secular Concepts: The work contrasts Islamic legal tenets with Western secular doctrines, such as secular definitions of absolute individual liberty, drawing on the critique formulated by the Moroccan historian Ahmad al-Nasiri in al-Istiqsa al-Ilmaniyya wa al-Madhha….
• Colonial Secularization in Morocco: Bahou details the historical governance of Moroccan dynasties under Maliki law, arguing that Sharia remained the sovereign legal standard until French colonial authorities introduced statutory laws and sought to curtail Sharia jurisdiction al-Ilmaniyya wa al-Madhha…. He identifies colonial measures, notably the 1930 Berber Dahir (al-Zahir al-Barbari), as central attempts to dismantle Islamic legal continuity and impose customary and French legal codes al-Ilmaniyya wa al-Madhha…+1.
• Sharia Implementation across Public Domains: In the second portion of the book, Bahou outlines what Sharia governance requires across the political, economic, legal, media, and social fields according to Maliki rulings al-Ilmaniyya wa al-Madhha…+1. He also addresses secular arguments regarding non-Muslim minorities, arguing that historical Sharia governance accommodated religious minorities without displacing Islamic jurisdiction al-Ilmaniyya wa al-Madhha….