Revision and validation of Hadith of al-Talaq (Al-Talaq bi-ya-di man ʿ akhadha bi-al-saḳ )

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Mohaghegh Maryam Sadat

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Journal Paper

Paper Information

Journal: THE JUDICIARY’S LAW JOURNAL Year:2021 | Volume:85 | Issue:115 Page(s): 189-213

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Information Journal Paper

Title

Revision and validation of Hadith of al-Talaq (Al-Talaq bi-ya-di man ʿ akhadha bi-al-saḳ )

Author(s)

Mohaghegh Maryam Sadat | Issue Writer Certificate

Keywords

Hadith NabawiQ1

Zhābiteh feqhyQ1

Qāʿidih feqhyQ2

Hadith of al-Talaq(divorce)Q1

Weakness in a hadithQ1

Abstract

The hadith “ Al-Talaq bi-ya-di man ʿ akhadha bi-al saḳ )” , renown as “ Hadith Nabawi” (that contains the words that Prophet Muhammad spoke himself), “ Jurisprudential Criterion” or “ Jurisprudential Rule” is one of the most important reasons cited by those scholars who believe that the right to terminate the marriage contract is exclusively granted to men. Have been considerably influenced by Islamic rules and Shiʿ a scholars, Iranian case law also reflects the abovementioned approach on divorce so that a number of supreme court decisions refer to “ al-Talaq” , as an authority that attributes the right of ending marriage contract entirely to the husbands. Now, given the significance of “ al-Talaq” , main questions are that; how compelling is the narrative of aforementioned hadith? is its evidential and substantive background sufficiently strong to make it as a ruling authority? Studying valuable amount of historical resources shows that for pioneering Shiʿ a jurists who had lived immediately after the Islamic legislation era, the right to terminate marriage contract was not an exclusive power for husbands. Additionally, revising “ al-Talaq” by means of chronology, Hadithology, semantics and jurisprudential principles demonstrate that “ al-Talaq” is based on insufficient and weak evidence. Also, the context of this hadith cannot be adduced as an authority for men’ s exclusive right of divorce in Iranian and Islamic courts.

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APA: Copy

Mohaghegh, Maryam Sadat. (2021). Revision and validation of Hadith of al-Talaq (Al-Talaq bi-ya-di man ʿ akhadha bi-al-saḳ ). THE JUDICIARY’S LAW JOURNAL, 85(115 ), 189-213. SID. https://sid.ir/paper/412906/en

Vancouver: Copy

Mohaghegh Maryam Sadat. Revision and validation of Hadith of al-Talaq (Al-Talaq bi-ya-di man ʿ akhadha bi-al-saḳ ). THE JUDICIARY’S LAW JOURNAL[Internet]. 2021;85(115 ):189-213. Available from: https://sid.ir/paper/412906/en

IEEE: Copy

Maryam Sadat Mohaghegh, “Revision and validation of Hadith of al-Talaq (Al-Talaq bi-ya-di man ʿ akhadha bi-al-saḳ ),” THE JUDICIARY’S LAW JOURNAL, vol. 85, no. 115 , pp. 189–213, 2021, [Online]. Available: https://sid.ir/paper/412906/en

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