The disputed opinions of Imams Al-Mawza'i and Al-Najri regarding the rulings on the waiting period(Iddah) and breastfeeding, and their jurisprudential impact on their commentaries (Taysir al-Bayan and Shafi al-'Alil) (A comparative study)
This research aims to investigate the views of Imams al-Mawza'i and al-Najri, their commentaries (Taysir al-Bayan and Shafi' al-'Alil), and their opinions on the waiting period ('iddah) and breastfeeding. The research uses a comparative methodology, comparing the opinions of Imams al-Mawza'i and al-Najri with those of other jurists. The research is divided into two sections and a conclusion.
Section One: introduces Imams al-Mawza'i and al-Najri, their schools of thought, their commentaries, and their methodologies.
Section Two tackles The differing opinions of al-Mawza'i and al-Najri regarding the waiting period and breastfeeding. The research objectives have been achieved.
The researcher concludes with the following key findings and recommendations:
1- The preferred opinion regarding the waiting period for a pregnant widow is that of Imam al-Mawza'i, who states that the waiting period for a pregnant widow ends with childbirth. Consequently, a legal ruling from this is that a slave woman's waiting period is half that of a free woman.
2- The preferred opinion regarding breastfeeding is that of Imam al-Najri, due to the strength of his evidence. He stated that both a little and a lot of breastfeeding establishes the prohibition of marriage, which is the view of the majority of jurists. One of its legal implications is that if a nursing mother's milk is mixed with other liquids, it does not create the prohibition, which is al-Najri's opinion.
The researcher recommends to carry out further attention to studying Yemeni legal commentaries and highlighting their impact on comparative jurisprudence.
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