The sentences and works of doubt in marriage (Waṭy Be- Shobhah) from the perspective of Sahebe javaher in Imami religion and Ibn Qudama in Hanbali religion

Dabasi, Bentol Hoda; Rajaei, Fatemeh; Salmani Ezadi, Naser

doi:10.30497/flj.2020.238729.1545

The sentences and works of doubt in marriage (Waṭy Be- Shobhah) from the perspective of Sahebe javaher in Imami religion and Ibn Qudama in Hanbali religion

Document Type : Specialized Article

Authors

¹ .

² hakim@hsu.ac.ir

10.30497/flj.2020.238729.1545

Abstract

The issue of doubt (Shobhah) is used in all chapters of jurisprudence, as well as the chapter on marriage named Bob Nikah and has been proposed under the “Dare” sentence in jurisprudential issues. Since doubt in marriage has important rules and works, and studying the opinions of Shiite and Sunni scholars and jurists has special situation in Islamic jurisprudence for a long time, this article is studied the rules and works of doubt in marriage from the perspective of Sahebe javaher in Imami religion and Ibn Qudama in Hanbali religion. Examining the opinions of these two jurists showed similarity between these views in many cases as a result of this study. Both of them know the most sentences and works of Waṭy Be- Shobhah in correct marriage so that excluded the adultery of Waṭy Be- Shobhah. The sentences of marriage in chapter of doubt such as Mosahirat on both dubious parties, Mehr al Mathal and waiting period of Divorce (Oddah) for Moṭuow'ah Be Shobhah, Alimony of dubious child heir (Warith e Walad e Shobhah), Attaching descent to a person who has been suspected and Removing Hadd from Moshtabah are stable in chapter of Shobhah and there is a few differences including Interference of Oddah.

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