حرمتِ مصاہرت کے ثبوت کے شرائط سے متعلق احناف اور شوافع کے اختلافی آراء کا تحقیقی جائزہ

Comparative Study of Hanafi and Shafi'i Views on the Legal Conditions for the Establishment of Hurmat-e-Musaharah

Abstract

This research article provides a comprehensive examination of the conditions required for establishing the prohibition of marriage relations (Hurmat al-Musaharat) within the framework of Islamic jurisprudence. It primarily focuses on the differing perspectives of the Hanafi and Shafi’i schools of thought. The concept of Hurmat al-Musaharat is explored in depth, highlighting its relevance in Islamic family law and its implications for marital relations that are prohibited by affinity. The paper offers a detailed comparative analysis of the legal reasoning and interpretive approaches of the Hanafi and Shafi’i jurists. It examines the sources of evidence they rely on, such as the Qur’an, Hadith, and the consensus of scholars, to derive their legal opinions. The article discusses how each school interprets the conditions for establishing Hurmat al-Musaharat and the implications of these interpretations on legal rulings and practical applications in Islamic society.

Through this comparative study, the research sheds light on the broader implications of these differing views, contributing to a deeper understanding of the diversity within Islamic legal thought. It also highlights the importance of scholarly discourse in shaping a nuanced understanding of family law in Islam.