انفرادات الامام ابي حنيفة عن الائمة الثلاثة في باب الاحوال الشخصية : دراسة فقهية مقارنة == What Distinguishes Imam Abo Hanifa From The Three Imams In The Domain Of Civil Status A Comparative Doctrine Study
Author name:
بلال عزالدين سعيد موسى الحيالي
Supervisor name:
داود صالح عبد الله السبعاوي
Abstract:
The conclusion shows the results of the present study attained by the researcher with assistance of many references and doctrinal writings Results of Study1 - It seems to me that according to Imam Abu Haneefa's opinion, the indication to engage woman in eddah (the period during which a widow or a divorcee may not remarry) after irrevocable divorce is forbidden. This is the preponderant opinion.2 - It seems to me that according to Abu Thawr's opinion concerning the stipulation of curator's approval in the marriage issue, if the curator allows the woman to marry, the marriage is considered valid. This is the preponderant opinion.3 - It seems to me that according to Imam Abu Haneefa's opinion concerning the constraint, other agnation may allow the adolescents to marry. This is the preponderant opinion.4 - It seems to me that according to Imam Abu Haneefa's opinion concerning the marriage without mentioning the dowry, the marriage is contracted by mentioning possessing, selling, charity and grant. This is the preponderant opinion. 5 - It seems to me that according to The three Imams' opinion, marriage of unmarriageable persons is forbidden. This is the preponderant opinion. 6 - It seems to me that according to the Three Imams' opinion, the marriage of Al - Shigar is invalid. This is the preponderant opinion.7 - It seems to me that according to the Three Imams' opinion, the marriage of the legalization is invalid. This is the preponderant opinion.8 - It seems to me that according to the Three Imams' opinion, the man who is married more than four women before he becomes Muslim, he should choose only four of them (if two of wives are sisters, he should choose one of them). This is the preponderant opinion.9 - It seems to me that according to the Three Imams' opinion, the spouses may repeal the contraction of marriage by defect. This is the preponderant opinion.10 - It seems to me that according to the Three Imams' opinion, the freed woman has no choice if she is freed under a freedman. This is the preponderant opinion.11 - It seems to me that according to Imam Al - Shafi'ee and Imam Ahmed, there is no limit to the dowry. This is the preponderant opinion.12 - It seems to me that according to the Three Imams' opinion, the spouse should stay with the new wife seven days if she is virgin, and he should stay with her three days if she is previously married. This is the preponderant opinion.13 - It seems to me that the acceptance of one man and two women witness in the marriage contract is the opinion of Abu Hanifa in accepting the witness of one man and two women in the marriage contract.14 - It seems to me that according to the Three Imams' opinion, the witness of non - Muslims in the contract of marriage is not accepted. This is the preponderant opinion.15 - It seems to me that according to the Three Imams' opinion, divorce is determined only by men not women. This is the preponderant opinion.16 - It seems to me that according to the Three Imams' opinion, the divorce cannot be occurred by compulsively. This is the preponderant opinion.17 - It seems to me that according to the Three Imams' opinion, the second marriage does not repeal the divorce. This is the preponderant opinion.18 - It seems to me that according to the Three Imams' opinion, utterances of condemnation oath are considered faith not certificates. This is the preponderant opinion.19 - It seems to me that according to the Three Imams' opinion, condemnation oath of dumb is accepted. This is the preponderant opinion.20 - It seems to me that according to the Three Imams' opinion, if the spouse refuses to say condemnation oath, he will be punished by defamation. This is the preponderant opinion.21 - It seems to me that according to the Three Imams' opinion, the separation of condemnation oath is considered a defeasance not divorce. This is the preponderant opinion.22 - It seems to me that according to the Three Imams' opinions, the period of oath can be more than four months. This is the preponderant opinion.23 - It seems to me that according to the Three Imams' opinion, the divorce is suspended after four months. The spouse may retract or divorce. If he refuses, the judge will oblige him to divorce (revocable divorce). This is the preponderant opinion.24 - It seems to me that according to Imam Abu Haneefa's opinion, the spouse should pay the alimony for the divorced woman after the period of Eddah. This is the preponderant opinion.25 - It seems to me that according to the Three Imams' opinion, the woman has the right to stay with him or separate him when he refuses to expend. This is the preponderant opinion.26 - It seems to me that according to the Three Imams' opinion, the period of pregnancy starts after sexual intercourse. This is the preponderant opinion.27 - It seems to me that the preponderant opinion concerning period of pregnancy is nine months and some days. 28 - It seems to me that according to the three Imams' opinion, the divorce in return for a monetary compensation to be paid by the wife to the husband cannot be followed by ordinary divorce. So, we can see that Imam Abu Haneefa has individual opinions which are differ from those of the Three Imams in the issues of personal statuses. The Three Imams, namely, (Imam Malik, Imam Al - Shafi'ee and Imam Ahmed) have twenty one preponderant opinions. Abu Haneefa has four preponderant opinions. Abu Thawr and Al - Dahirya have two preponderant opinions. Imam Al - Shafi'ee and Imam Ahmed have one preponderant opinion in one issue.
