Ahmed el-Feyyûmî el-Hanefî’nin el-Miskü’l- Feyyâh fî Mesâili’n-Nikâh Adlı Risâlesinin İnceleme ve Tahkiki
Year: 2024
Type: article
Abstract: The topic of marriage is important due to its implications for the structure of marriage, the formation of family, the prevention of illicit relationships through lawful unions, the continuation of generations, the perpetuation of the human species, the establishment of inheritance rights between spouses, and various religious and secular benefits such as dowry, alimony, iddah, prof of parantage, custudy, and others. Therefore, the nation cared, from its princes to its common people, the mujtahids worked hard on issues of marriage and separation, relying on restrictive texts. They were followed by jurisprudents composed of schools of jurisprudence with authorships of respected books or valuable treatises. The treatise, whose sole copy was obtained from the Süleymaniye Library and meticulously analyzed, holds significance in the aspects mentioned. In that it reflects the aspects of the family in the author’s era, which allows us to measure the family aspects in the present. It is a short message that occupies an important place among messages related to the topic. The number of books from which the author benefited reached twenty-two, which is considered significant among the Hanafis despite its small size. In addition to being a summary of “Tanwīr al-Abṣār” by al-Timurtāshī, “Sharh al-Wiqāya” by Ṣadr al-Sharī‘a, “al-Jawharat al-Nayyira” by al-Haddādī, “Al-Durar” by Monla Khusraw and his courtiers “Ghunyat Dhawī al-Aḥkām”, by Al-Shûrunbulālī, “Al-Ashbāh wa Al-Naẓā’ir” by Ibn Nujaym, among its references. The author, Aḥmad al-Fayyūmī al-Ḥanafī, addresses three fundamental issues commonly associated with marriage in the treatise. These include the issues of the marriage of a mature girl without parental consent, the role of witnesses in marriage, and the minimum amount of dowry required, . The author also incorporates under the headings of "Tanbīh" and "Tatimma" additional issues deemed significant in the field of family law, such as alimony, marital gifts, conditional divorce, waiting period after divorce, establishment of lineage, and others. This is in addition to clarifying the position of the statement in the doctrine with the phrases “ ’alā al-aṣaḥḥ/according to the most correct”, “ ‘alā al-mukhtār/according to the chosen one”, “bihī yuftā/on it he issues a fatwā”, “ ‘alayh al-fatwā/on the basis of the fatwa”, “ikhtārahū akthar mashāih/chosen by most of the sheikhs”, “huva aqrab ilā al-fiqh/it is closer to jurisprudence” and “ ‘alā al-madhhab/according to the doctrine”. The author used the word “I say” in only one issue among the pronunciation issues. The research was divided into two parts: Study and investigation. In the study section, the life of the author was researched first, then his dissertation, in terms of its content, its copies, the ratio of the copy to the author, its importance, and its place among its likes and references, and in the investigation section, it was investigated based on the investigation principles of the Islamic Research Center (İSAM) of the only copy. In terms of its references, which the author has noted, references to verses and hadiths have also been included, in addition to commenting on information from old Hanafi books, which is believed to be beneficial to readers. This is after it was recorded and dictated according to the dictates of our present era.
Source: DergiPark (Istanbul University)
Author: Şahin, Osman
Institution: Ondokuz Mayıs University
Language: Arabic
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W4405960028