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Yemeni 6Abd al-Razz:q covered over 250 divorce-related issues in his
This framework works very well with most of the early fiqh books that
(d. 264/878) decision to divide the divorce-related topics in his
This study demonstrates that the Aad;th scholars from al-D:rim; to
Only six legal topics concerning divorce can be found in all of the Aad;th
Divorce’ with the tale of 6Abd All:h b. 6Umar’s (d. 73 or 74/692–3)
(without mentioning the witnesses) as al-Bukh:r; and links it to ‘the
R:hawayh that restricts the sunna divorce to a single utterance of
Neither al-D:rim; nor Ab< D:w<d offers a precise definition of the
The story of Ibn 6Umar’s mistimed act of repudiation serves as crucial
The second topic relies upon the only story possessing a touch of sexual
In addition to casting an embarrassing light upon the anatomy of
The story of F:3ima bint Qays’ (d. before 60/679) divorce has
Emigrant Ibn Umm Makt<m. A few transmissions of this story
Ab< Jahm.43
This story would seem totally straightforward were it not for the
The impact of F:3ima’s report and its rejection by several prominent
F:3ima actually utters the prophetic decision that denies her lodging or
The story of F:3ima bint Qays and its ensuing controversy provide a
Unlike the irreconcilable legal opinions that emerged from F:3ima
This story resolves the question as to whether the Qur8:nic verse
(65. 6) declaring that a woman’s waiting period lasts until childbirth can
Only Muslim provides any sort of narrative in his discussion of
Muslim legal authorities:
All six books contain at least one Aad;th transmitted by the Kufan
Successor Masr<q b. al-Ajda6 (d. 63/682–3) from one of the immediate
(24. 6–7):
The various versions of the ‘first li6:n’ story can answer these
The second most popular version of this story is transmitted from the
Further complicating Sahl’s report is the narration of Ibn 6Uyayna from
This already tangled web of narrations is further complicated by
M:ja have as a common link the Basran Hish:m b. Eass:n al-Qurdus;
The clusters of reports that name or indicate 6Uwaymir as the first
M:ja, and Ab< D:w<d collect all of the contradictory versions of this
N:fi6 6Ubayd All:h transmission to indicate that the two parties are to
first li6:n is that the Aad;th scholars’three strategies consisted of reducing
It is remarkable that only six of the 45 divorce-related topics ad-
While we have seen some differences among our Aad;th scholars in their
(1892–1958) would seize upon as evidence in their opposition to the
Muslim touches briefly upon three additional topics. His section on the
Qur8:n 66. 4 and clarifies that the Prophet ended his month-long ;l:8
73/692–3 and 78/697–8) reports that the Prophet permitted his divorced
Muslim’s chapters on divorce indicate the limited utility of Aad;ths of
Muslim is reported (as also is al-Bukh:r;) to have distrusted the
Although al-D:rim; only covers sixteen divorce-related topics in his
He also recounts the lengthy story of Salama al-Bay:@;’s act of breaking
final subject introduced by al-D:rim; is that the Prophet divorced EafBa
Al-D:rim; covers these additional legal topics through a mixture of
Al-D:rim; clarifies the nature of the ‘batta divorce’ and the divorce of
Despite the modest number of topics that both al-D:rim; and Muslim
Al-D:rim; reaches a broader array of legal topics than Muslim through a
Al-Tirmidh;’s inclusion of the legal opinions of the leading jurists who
A good example of al-Tirmidh;’s methodology can be seen in his
Al-Tirmidh; achieves a level of transparency and harmonization
Ab< D:w<d’s deep interest in Islamic law can be detected from the
Ab< D:w<d indicates in the Epistle his familiarity with the (untitled)
Ab< D:w<d also singles out Sufy:n al-Thawr;’s J:mi6 as being the finest
Ab< D:w<d’s boast in his Epistle to the Makkans about the utility of
M:ja’s Sunan. While Ibn M:ja’s book covers basically the same legal
The second Aad;th reports the Prophet’s clear prohibition of a master
Muslim and al-Bukh:r;
Fayr<z al-Daylam;’s marriage to two sisters prior to his conversion to
Al-Bukh:r;’s legal hermeneutics represent a sharp departure from those
One of the clearest cases of al-Bukh:r;’s reliance on post-prophetic
Al-Bukh:r; follows this verse with his observation that the opinion that a
A second case in which al-Bukh:r; discusses a topic without relating
Note the absence in this case of both prophetic and Companion
The second technique al-Bukh:r; uses is to include Aad;ths in chapters
chapter on the ‘missing husband’ (mafq<d), al-Bukh:r; presents the
(recording one’s bad deeds) is raised in three cases—the insane person
But this is not all. After touching on a variety of additional topics in
Prophet in the mosque of Madina that he committed fornication. In both
Al-Bukh:r;’s final effort to reach a broader array of legal topics
This project began as a simple comparative exercise between the books
I assembled a list of 45 legal topics that I derived from the six Aad;th
Two discoveries initially emerged from this analysis. The first was the
The most significant conclusion from this analysis is that the Aad;th
M:ja and Ab< D:w<d, although he only overlaps with either of them in
23 cases
While it might be tempting to dismiss these six Aad;th-scholars as
Even if I have been conservative in my identification of only 45
This stunning paucity of divorce topics supported by Aad;ths raises
Islamic law in the wake of al-Sh:fi6;’s teachings. Is it now safe to propose
E-mail: sclucas@email.arizona.edu
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Divorce Hadith Style Lucas

Divorce Hadith Style Lucas

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Published by Aboo Talhaa

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Published by: Aboo Talhaa on Jul 19, 2011
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12/10/2012

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