Contravention of wives the marriage law within the frame of al-Kāsānî's Work Badāi' al-Sanāi'

Al-Kāsānî's (d.587/1191) famous work, Badāi' al-Sanāi', is a worthy study which brings the development of Hanafî jurisprudence a new dimension. It is a very remarkable step from the point of the idiomatic of Hanafî school of law, the method used by the author while he addresses the issues. Badāi' al-Sanāi' has continued to save its significance without a need for commentary even today. In this study, depending on al-Kāsānî's work Badāi' al-Sanāi', it has been tried to determine that the rights and duties of man and woman in the context of "contravention of conjoints the marriage law". Moreover, it has been subject to evaluation that when circumstances appear in which two sides of marriage contravene the marriage law, which solutions can be appealed to. As to the work al-Mabsūt, written by al-Sarakhsî (d. 483/1090) died about a hundred years ago al-Kāsānî, it is the first and most voluminous study including legal opinions and evidences of Hanafî school of law are handled and analysed systematically. Around this project, al-Sarakhsî's al-Mabsūt was examined too in terms of family law and evaluated from the perspective of statuses, rights and responsibilities of man and woman. Also, it was presented that an attempt to evaluate what kind of changes arisen concerning the approach to family law during the period between al-Sarakhsî and al-Kāsānî.