ترجيحات Imam Al-Shanqeeti’s preferences in divorce rulings A comparative jurisprudential study

Abstract

This thesis entitled " Imam Al-Shanqeeti’s preferences in divorce rulings, a comparative jurisprudential study." was chosen to collect the fatwas (religious opinions) of Imam Al-Shanqeeti which are scattered in his many books such as that of " Adhwaa Al-Bayan fee Tafseer-il-Qur'an bil-Qur'an", and "The Pilgrimage to the Sacred House of Allah ".This study meant to uncover and extract these fatwas made by Imam Al-Shanqeeti in the family affairs section, especially in respect of marriage and divorce and to specifically arrange them to benefit the Muslim nation of the opinion of this great scholar. The study also aims to clear the most important preferences of Imam Al-Shanqeeti in the family Jurisprudence and to reveal the evidences he sited to reach his fatwas and his stand of the other opinions related to such topics in the other Islamic doctrines. The significance of this research study lies in highlighting the esteemed academic position that Imam Al-Shinqeeti held among the Muslim scholars of his time, and the need to make the idealist benefit from his knowledge, including the interpretation of the meanings of the Qur'an in his books " Adwaa Al-Bayan fee Tafseer-il-Qur'an bil-Qur'an " and "The Pilgrimage to the Sacred House of Allah", among other books. This study also meant to disseminate his scientific biography among young scholars and the public. Therefore, the researcher urges scholars and students to pay more attention to the Imam Shinqeeti's innovative fatwas that came as a result of his excellence of different sciences and his distinguished interpretation of the Holy Qur'an, along with his deep understanding to Usool al-Fiqh and the Arabic grammar that made him seen as one of the biggest innovators of his time. The researcher reached several results, the first of which is identifying the methodology Imam Al-Shanqeeti had followed for the issuance of different fatwas based on solid evidence without confining to certain doctrine, and other opinions that might disagree with him. Despite belonging to Al- Maliki School of Law, Imam al-Shanqeeti issued some Fatwas disagreeing with Al- Maliki School of Law. His preferences were distinguished by his reliance on the Quran and Sunna, then the consensus of the Prophet Mohammed's Companions. He also issued some of his rulings depending on Qiyas (analogical reasoning) and Ijtihad (an independent opinion). He was keen on detail and rooting in issues of disagreement to prove its preferences and clarification of his evidences and that of those differing with him. May Allah have mercy on him, and Allah grant all success to all of us.