The Views of Imam Abu Abdullah Muhammad al-Tawudi  on Marriage Issues Through His Commentary on Tuhfat al-Hukkam by Ibn Asim

The Views of Imam Abu Abdullah Muhammad al-Tawudi  on Marriage Issues Through His Commentary on Tuhfat al-Hukkam by Ibn Asim

Authors

  • Asst. Prof. Dr. Arkan Haider Omar Salehi University of Kirkuk - College of Law and Political Science Author

DOI:

https://doi.org/10.62921/djis.2024.01203

Keywords:

Imam Al-Tawudi, Tuhfat Al-Hukkam, Maliki Jurisprudence, Comparative Jurisprudence, Personal Status Law

Abstract

Abstract

his research examines:

Imam Al-Tawdi’s views on personal status issues in his book Tuhfat al-Hakam. It analyzes his approach to marriage, divorce, and wills, focusing on his reliance on Maliki jurisprudence. The research is divided into four sections

Section One: Discusses guardianship in marriage

T e, including the precedence of full brothers, compulsory marriage for the mentally ill and virgins, and the appointment of a guardian.

Section Two: Examines the annulment of marriage contracts, including invalid contracts and the ruling upon a spouse’s death in a flawed marriage.

Section Three: Covers conditions and gifts in marriage, including obligating minors to adhere to their father’s marriage conditions and the validity of gifts given before debts.

Section Four: Focuses on divorce, wills, and oaths, including explicit and implicit divorce, the impact of oaths on marriage, and bequests to heirs.

The study concludes that Imam Al-Tawdi’s views offer a balanced understanding of Islamic law, making them relevant for contemporary personal status issues

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Published

2024-12-30

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