The comparison of Qadi Shurayh's views on the marriage contract with the views of the Hanafî school
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Abstract (EN)
Qadi Shurayh, who served as a judge in Kufah for approximately 60 years, beginning during the era of the Rashid Caliphs, is recognized as a distinguished scholar known for his engagement in independent ijtihad. His jurisprudential contributions, which played a significant role in shaping the formative period of Islamic law, profoundly influenced subsequent scholars. Among those most significantly influenced by this were generally the founding mujtahids of the Hanafî madhhab. Notably, in 19 out of 27 issues examined within the context of the marriage contract (aqd al-Nikâh) and related matters, Shurayh and the Hanafî jurists demonstrated congruent approaches, while diverging in their views on 8 issues. The alignment between the views of Shurayh and the Hanafî mujtahids has been attributed to their shared intellectual environment, reliance on a common jurisprudential tradition, and interaction within overlapping scholarly networks, which are considered key factors in fostering this alignment.
Author
Rukiye Güneş
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Rukiye Güneş (Master Thesis). The comparison of Qadi Shurayh's views on the marriage contract with the views of the Hanafî school, 2024, İstanbul 29 MayIs University.
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