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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.

Nadmi Mohammed Abdullah Al-Hashmi Corresponding

  • Department of Islamic Studies, Faculty of Arts and Humanities, Sana'a University – Sana'a – Yemen.
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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). (2026). Sana’a University Journal of Human Sciences, 5(9), 355-377. https://doi.org/10.59628/jhs.v5i9.2732