Shawkānī's opinions on the field of family law (In case of Nailu'l-Awtār)

In this study we examine the book entitled Nailu'l-Awtār, in the context of family law, written by Mohammed ibn 'Alī Shawkānī (d. 1834/1250 h) the Yemenite Islamic scholar, as a sharh of al-Muntakā min Ahbār al-Mostafā that Majd al-Dīn ibn Taymiyyah (d. 1254/652 h) wrote and classified according to judicial sections. In the first section of this study which compozes fourth sections, we aim to introduce the auther, Shawkānī, by giving general information on his life and his carrier. In the second section we discuss "marriage contract and its legal results," and in the third section, we mention "ending of the marriage and its legal results." In the conlusion we determine the auther's views on the field of family law. In reaching his opinions, he follows a dialectical method by evaluating rationally basic Islamic rules (nass) by individual ijtihād free from taqlīt. Being a reflection of that method, he sometimes follows the jumhur, and sometimes follows the opponent views by critizing the jumhur's opinions. Also we see some his own distinctive and authentic opinions on the family law. Keywords: Shawkānī, Nailu'l-Awtār, marriage, divorcement, ijtihād, condition, sahih.