نكاح المحلل: دراسة فقهية مقارنة

Abstract EN

The aim of the research (the analyst's marriage: a comparative jurisprudential study), and it became clear through the research the agreement of the majority of jurists - Maliki, Shafi'i, Hanbali, and Abi Yusuf from the Hanafi and Dhahiri schools - on the invalidity and corruption of the analyst's marriage contract if the analysis stipulated in the contract that he dissolves her and then divorces her.

And when Abu Hanifa and Zafar valid contract and the condition is corrupt.

But if he did not stipulate that in the contract and he intended to analyze it, then according to the Hanafis, the contract is valid, as well as the Shafi'is and Dhahiri, but it is disliked to do it according to the Shafi'is.

The most correct opinion on the matter is what Ibn al-Qayyim al-Jawziyyah - may God have mercy on him - favored, which is what the Malikis, Hanbalis, and the majority of companions and followers went to, that permissible marriage is forbidden and invalid.

Where he is like a hypocrite, who witnesses the two testimonies outwardly and is deceitful in that, so that analyst if he says: I got married, and he does not mean by the word marriage the meaning that God made in the Sharia; It was false news and false creation; This word was not placed in the Sharia, nor in the custom, nor in the language for those who intend to return the divorced woman to her husband, and he has no intention in the marriage that God placed between His servants and made it a reason for affection and mercy between the spouses, and he has no intention in its consequences in reality or judgment, so whoever does not have He intended in companionship, not in ten, in affinity, in childbirth, in continuity, cohabitation, or accommodation, but rather he intended to separate so that she would return to someone else.

God made marriage a reason for continuity and companionship, and the analyst made it a reason for separation, because he married to divorce; It contradicts God's law and wisdom.