رفع الجناح عمن علق الطلاق على النكاح

Abstract EN

The study includes the investigation of important manuscript, in precise doctrinal issue, of great Shaafa'is imam, and investigator scholar who own magnificent classifications, and beautiful phrases, Imam Jalal Addin Abdul Rahman Alblgeyni, in his letter entitled: lifting the Critical who rest divorce on marriage.

The subject of the manuscript came to deal with the issue that were common in their time: the chapter of the marriage and divorce, which rest the divorce to non-existent marriage, in response to the claims that Imam Shafei had no opinion in it.

Showed the Shafei school rejecting the divorce suspended on the marriage, and that does not count, which the view of Ali and Ibn Abbas, may Allah be pleased with them, which is narrated from Shurayh, Ibn al-Musayyib, atta, Tawoos, Saeed bin Jubair, 'Ikrimah and Qatada, then he mentioned the Hanafi opioion who allowed it which is narrated from Ibn Masood and Zuhry, and then mention the detail opinion of Imam Malik, Awzaa'I, Ibn Abi Layla who said: if a woman was appointed a specific or particular tribe then its count, and if generalize then it is not count, and saying of Imam Ahmad: if married then will not ordered divorce, but did not marry will not ordered to marry.

Mention the evidence of every school, discussing them, and prevail to the opinion of Shafei school who consider the divorce is not count, support his chosen opinion with evidence, all presented in a scientific manner discreet.