Reinterpretation of the Ḥanafī Doctrine of Equivalency in the Context of the Controversial Marriage of a Mamluk Amīr: Case of Sirāj al-Dīn al-Hindī (d. 773/1372)
According to the classical doctrine of Ḥanafī madhhab of equivalency in marriage law, a man must be equal to the woman he will marry concerning certain elements, which include the absence of slavery and non-Muslims in the past of the person and his ancestors. Therefore, a man who lacks these and oth...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | Arabic |
| Published: |
Istanbul University Press
2024-06-01
|
| Series: | Darulfunun Ilahiyat |
| Subjects: | |
| Online Access: | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/FD14D0A4233C46CC9B4B4712CD984C23 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| Summary: | According to the classical doctrine of Ḥanafī madhhab of equivalency in marriage law, a man must be equal to the woman he will marry concerning certain elements, which include the absence of slavery and non-Muslims in the past of the person and his ancestors. Therefore, a man who lacks these and other elements of equivalence is considered unequal to a woman who possesses such elements, such that marriage between the two is considered void (bāṭil) under certain circumstances and not binding (lāzim) in others. In the second half of the 8th/14th century, during the Bahrī/ Turk Mamluks period, scholars discussed the validity of a marriage between a high-ranking Mamluk amīr (Amīr Bashtak) and a sister or daughter of the Sultan (Khond Sarah) on the basis of the abovementioned Ḥanafī doctrine of equivalence. Although several unknown jurists argue that the marriage in question is invalid according to the Ḥanafī madhhab, Siraj alDīn al-Hindī, an Egyptian Ḥanafī qāḍī al-quḍāt (chief qāḍī) of the period, wrote a treatise on the subject (Risāla fī masʼalat al-kafāʼah) and defended the validity of the marriage. Hindī’s argument, which used the principles of uṣūl al-fiqh and the method of al‑takhrîj al-fiqhī (legal derivation), included an innovative interpretation of the foundational doctrine of equivalence of the Ḥanafī madhhab that considered the changing political and social structures in the region after the Mamluks’ rule. |
|---|---|
| ISSN: | 2651-5083 |