الشروط العرفية في النكاح عند المفتين الشناقطة: دراسة استقرائية تحليلية

الملخص EN

This research focuses on how muftis of Chinguit used to consider customs where applicable.

it also shows that many of Chinguit scholars had remarkable scientific ability to conceptualize issues of the custom and to comprehend the limits of its applicability.

the research analyses a set of fatwas related to the issue of customary conditions in marriage in the Chinguiti community.

this issue remained a subject of controversy between the Chinguiti Muftis.

some muftis deduced that the abandonment of polygamy was a common custom to completely replace and take the same effect of uttered conditions in marriage formality.

other muftis counter argued that the abandonment of polygamy did not reach the point to be classified as a societal custom.