Could You Please Provide the Biography of Abu ’Abd Allah, Al-Umayyad Al-Sufyani Al-Utbi Al-Qurtubi Al-Maliki?

Answered by Mawlana Ilyas Patel

Question

Can you please provide a brief biography with references on the scholar Abu ‘Abd Allah, Muhammad bin Ahmed bin Abdul Aziz bin Utbah bin Humaid bin Utbah bin Abi Sufyan bin Harb, Umayyad al-Sufyani, also known as al-Utbi al-Andalusi, who died in 255H?

Your assistance in this matter will be greatly appreciated.

Answer

In the Name of Allah, the Most Merciful and Compassionate

I pray you are well.

The jurist of Andalusia, Abu Abdullah, Muhammad bin Ahmed bin Abdul Aziz bin Utba bin Hamid bin Utba bin Abi Sufyan bin Harb, al-Umayyad al -Sufyani al-Utbi al-Qurtubi al-Maliki, (died 255h) who is the author of the book “al-‘Utbiyya” also known as the “Mustakhraja” is one of the ummuhat or mother books of the Maliki school of Islamic jurisprudence.

Alongside the likes of the “Mudawanna” of Imam al-Sahnun, it contains positions transmitted from Imam Malik and his various students. However, it was deemed less reliable than the “Mudawanna,” and the various sources that Muhammad bin Ahmad al-Utbi al-Qurtubi utilized were critiqued when in conflict with more established sources. It should be noted though that he collected the views of Malik from many other great jurists and students of Malik, including the likes of the scholar who is considered by most to have the most relied upon recension of the “Muwatta Yahya bin Yahya al-Laythi,” the likes of other students such as Ash’hab, and also Sahnun and Asbagh bin al-Faras, students of Ibn al-Qasim and Ibn Wahb and their students and hence some reports were considered anomalous (Shadh), or somewhat rare (gharib).

He was though rated as a peerless Faqih or jurist of his era by major figures in the madhab; as one of his own students and scholars in his own right, Muhammad bin Lubaba remarked: “there was no one comparable to him (in Andalus) who could speak on matters of Fiqh or whose understanding like his save those who had studied under him.” [Ibn Farhun, Dibaj al-Madhab]

It was considered that the work required someone to engage in explaining and reconciling where necessary, with other sources, expounding of the reasoning of the Imam and juristic rationale clearly, so to understand the religio-ethical premises of the Imam’s teaching.

The scholars of Andalus were therefore very grateful and also noted the value of such an endeavor when this task was undertaken by the well-known chief Judge of Cordoba, Qadi Abu Walid Ibn Rushd al-Qurtubi (d 520h) also known as Ibn Rushd al-Jadd to differentiate him from his grandson and famous jurist-philosopher popularly known as Averroes. The Imam, mufti and collector of famous encyclopedia of Fatawa, Wanshiris explained that the Qadi elaborated what was sound, from what was weak, and what was good within it and expanded the furu or the branches of the school, till it became one of the sources for the Mu’tamad or relied upon works of Fatwa or religious edicts in the madhab. [Wanshirisī, al-Mi’yar al-Mu’arrib]

The work is popular referred to as “Bayan wa al-Tahsil” and is published in 18 volumes of the actual text and a short introduction with 3 volumes of indexing. Published by Dar al-Gharb al-Islami, Tunisia, edited by Dr Muhammad Hajji. The full title being, “Bayan wa al-Tahsil wa Sharh wa al-Tawjih wa al-Ta’lil fi Masa’il ul-Mustakhraja.”

I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani