ترجيحات القنوجي والشنقيطي في آيات النكاح والطلاق : دراسة تحليلية مقارنة

Abstract

This research aims at studying the weighing rules related to the verses on family provisions; marriage and divorce, in Al-Baqara, Al Nisa’a and al-Nour according to al Qanougi’s “Fath al-Bayan fi Maqasid al- Quran” and al Shinqiti’s interpretation; titled Adhwa’ al-Bayan fi Eidhah al-Quran bi al-Quran. The researcher examined both their weighing preferences, divided into three sections: first, the weighing preferences adopted by al- Qanougi, second the weighing preferences adopted by al- Shinqiti and the third section examines the weighing preferences in which they have agreed and differ, compared with interpretations of old and modern scholars. The researcher adopted the inductive research method.The other method is the comparative analytical research method in weighing the preferences in favour and against of old and modern scholars. The researcher presented their preferences based upon recognized Sharia evidence and weighting rules. The researcher arrived at some significant findings, including the similarity of their weighing formulas. Yet each has had their idiosyncratic formulas for weighing statements, founded upon the rules of research and objectivity away from sectarian fanaticism. Al Qanougi’s opinions were contrary to the doctrine embraced by the people of his country, and al Shinqiti, as well, was opposed to the Maliki doctrine. The other finding is that a divorce by a single statement or by a single utterance is irrevocable. The recommendation of this study is to increase awareness on the rules of weighing.