“It is the dominant opinion in the Maliki madhhab that it is disliked to recite the Fatiha in the prayer by reciting the Basmalah [saying “With the name of Allah, the Most Gracious, the Merciful.” As the school teaches us, after the opening takbir, to read Sura al-Fatiha immediately.
Are you aware of any minor opinions within the Maliki school that state it is not disliked , or even that it is recommended or obligatory to do so? If so, where are those opinions sourced?”
In Fawakih al-Dawani, an important explanation on the Risalah of Abi Zaid, the author states, under the chapter on the disliked aspects of prayer: “saying I seek refuge in Allah from cursed devil and with the name of Allah, the Most Gracious, the Merciful after the opening takbir, are from the disliked acts according to the Maliki School.”
However, he notes two exceptions:
- If one is making taqlid of a scholar who holds it to be an obligation, then it is an obligation upon that person to follow the scholar’s opinion.
- If one is doing so with the intention of “Mura’at al-Khilaf” (shepherding differences) then the disliked nature of the act is raised to that of recommend.
Both of these points are conditioned that one does not do so thinking that it’s reading is obligatory, but their intention is conditioned to one of the two points above only.
This was alluded to by Shaikh al-Dardir, or Imam al-Sawi, in al-Sharh al-Kabir, but with greater brevity. I searched al-Dasuqi’s Hashiyah on the Matn of Khalil and found nothing there.
Allah knows best