ISSN:1308-2140

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CONTRARY OPINIONS OF MUZENI AGANIST IMAM SHAFI'I THE EXAMPLE OF TALAQ/DIVORCE OF DRUNK


The effect and contributions of the first students cannot be denied in the formation of Shafi'i madhhab. In this manner, we can rank Za‘ferânî in Iraq, Buweytî, Muzenî and Rebi‘b. Suleyman el-Murâdî in Egypt. While Muzeni, among these students, dealt with at first the issues regarding calam, he inclined to issues concerning fiqh with the coming of Imam Shafi'i to Egypt. He was the student of Imam Shafi'i for a while as short as four years. He was appreciated by Imam Shafi'i with his characteristics of being competent in discussion and having strong skill of evidence submission, and he was regarded as the assistant of madhhab. Although he wrote many works following the death of Imam Shafi'i, he gained reputation with his “Muhtasaru’l-Muzenî” in the madhhab. Muhtasarü’l-Muzenî” is among the main sources of Shafi'i madhhab. Muzenî states in the beginning of his book that I summarised this book from the science and opinions of Shafi'i. The work meets us as an original work along with its evoking the brief version of Imam Shafi'i’s book of el-Umm, its different type of subject organisation, involving the views of Shafi'i which are not in el-Umm, and including self-comments of Muzeni. In addition, contrary opinions of Muzeni against Shafi'i are also mostly in this work. It is known that although Muzeni, who has significant contribution in the formation of madhhab, agreed with Shafi'i on many issues, he challenged Imam Shafi'i in many subjects. It is no doubt that his opinion about the talaq of drunk is one of most important subjects that he thinks different from Imam Shafi'i. Even though the disputes about the talaq of drunk are specifically concentrated on family law, it has been also discussed concerning competence problems. In this study, this subject will be investigated within the context of an article.


Keywords


Shafi'i, Muzeni, Brief, the Talaq/Divorce of Drunk

Yazar: Nasi ASLAN - - Mehmet Ali SEZER
Sayfa Sayısı: 1-16
DOI: http://dx.doi.org/10.7827/TurkishStudies.15016
Tam Metin:
Turkish Studies
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