الفروق الفقهية المتعلقة بالمهر والخلوة في كتاب "البحر الرائق" لابن نجيم جمعاًودراسة

Jurisprudential differences related to dowry and seclusion in Ibn Nujaym's book "Al-Bahr al-Ra'iq"

Abstract

The research dealt with the differences related to the dowry and seclusion in the book “Al-Bahr Al-Ra’iq Sharh Kanz Al-Daqa’iq” by Ibn Nujaym Al-Hanafi. Through it, the meaning of: jurisprudential differences, Ibn Nujaym’s biography, and his approach to mentioning the jurisprudential differences related to the dowry and seclusion were clarified, which were clarified in the research according to a single methodology represented in: citing the text of the difference, clarifying its forms, the similarity and difference between them, and revealing the justifications or justifications for differentiating between the two forms in the ruling. We followed several methods in that, represented in: the inductive, analytical, and deductive methods. The research reached several results, the most important of which are: Ibn Nujaym’s methodology was varied in the differences he mentioned in the dowry and seclusion from the Book of Marriage, and explaining them. Some of them were transmitted from others, sometimes by name, and sometimes without mentioning them. Some were explained by the same person without being transmitted from others. The forms of differences varied, i.e., the juristic issues that are abstract from the ruling on the dowry and seclusion, and the differences between them are intended to be clarified despite their similarity. Some of them included two forms, others three. Consequently, the forms of similarity between them varied in the differences related to the dowry and seclusion, which led to a variety of justifications for differences in rulings between similar forms.

Keywords: juristic differences, dowry, seclusion, Ibn Nujaym, Al-Bahr al-Ra'iq