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Volume :36 Issue : 126 2021      Add To Cart                                                                    Download

Jurisprudential controls derived from “Sharh al-Zarkashi ala Mukhtasar al-Khiraqi” in the introduction to the book of marriage

Auther : Researcher/ Kholoud Bader Ghassab Al-Zamanan, Prof. Dr. Kathafi Ezzat Al-Ghanim

Sharh al-Zarkashi ala Mukhtasar al-Khiraqi is one of the main books in the Hanbali school of thought, and it has drawn the attention of great scholars, and many scientific researches have been conducted on it, but the studies that dealt with the inventory of jurisprudential controls mentioned therein are few, and not sufficient, as the full coverage of the explanation sections has not been achieved .
The importance of the research lies in the fact that, according to my humble research, there is no one who addresses the jurisprudential controls mentioned in the book of marriage, and this prompted me to write this research, and I hope that it contributes to serving the explanation and learners of Islamic sharia, even in a simple way.
The aim is to gather the controls mentioned in the introduction to the book of marriage, and review similar opinions of it among jurists of the school of thought, then explain the applied effect of these controls in the Kuwaiti personal status law.
The approach is to read the workbook and analyze the controls mentioned therein to reached a real control conclusion with its legal application, and the research was started by defining the controls and jurisprudence rules, then explaining the scientific position of the author of workbook, then I reviewed the jurisprudential controls that I collected with clarification of their meaning, and mentioned what was mentioned in The explanation “Sharh” of the controls evidence, indications thereof, the branches that fall under the control, and a statement of legal application thereof.
I concluded that Al-Zarkashi relied in his controls on authentic in the school of thought, and that the Kuwaiti Personal Status Law followed the Hanbali jurists, in addition to its organizational interpretative judgment jurisprudence.


Key words: jurisprudential controls, jurisprudential rules, Kuwaiti personal status law, marriage.
 

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