Nuzhat Al-Haddakah ( The Clearer Vision) in the statement of dropping the khul' for Alimony - by Abu Abdullah Muhammad Al-Shazly bin Othman bin Saleh T: 1308 AH - Study and Investigation -

Published: 2025-03-15

Abstract

The research aims to introduce Sheikh Al-Shadhili bin Saleh, and to study and investigate his thesis entitled: “Nuzhat Al-Hadqa fi Bayan Ishāf Al-Khu’ for Maintenance”, and to explain his approach to it. The documentary approach was adopted in the investigation section, and the descriptive and analytical approaches in the academic section. It reached the most important results: that Sheikh Al-Shadhili was the pillar of the people of investigation in his time, and that he followed a precise approach in this thesis, whether in terms of arrangement, presentation or jurisprudential structure. He was not merely a transmitter of the texts of the jurists, but rather he clarified their meanings, derived their rulings, and derived issues from them.

Keywords: Khula, divorce, waiting period, compensation, alimony

How to Cite

Faraj Ali Jwan, & Ebrahem Ahmed Alzaidi. (2025). Nuzhat Al-Haddakah ( The Clearer Vision) in the statement of dropping the khul’ for Alimony - by Abu Abdullah Muhammad Al-Shazly bin Othman bin Saleh T: 1308 AH - Study and Investigation -. مجلة الحق للعلوم الشرعية والقانونية, 111-130. https://doi.org/10.58916/alhaq.vi.283

Issue

Section

Articles

Author Biography

  • Faraj Ali Jwan, Department of Sharia and Law, Faculty of Sharia and Law, Al-Asmariya Islamic University, Zliten, Libya

     Date of Birth: June 29, 1972
     Email: fa.jowan@asmarya.edu.ly
     Phone: 0926294155
    Academic Qualifications:
    University Degree: Date Obtained: 1993. University Granting the Degree: Al-Marqab University. Country: Libya. Faculty: Arts. Department: Arabic Language and Quranic Studies.
     Higher Degree (Master's): Date Obtained: 1996. University Granting the Degree: Al-Zawiya University. Country: Libya. Faculty: Arts. Department: Arabic Language and Quranic Studies. Specialization: Islamic Studies. Master's Thesis Title: The Book of Supervision on the Doctrines of the Ashrafs: A Study and Investigation (Part Two).
     Ph.D.: Date Obtained: 2005. University Granting the Degree: Beirut Islamic University. Country: Lebanon. Faculty: Sharia. Department: Sharia. Specialization: Islamic Jurisprudence. Title of PhD Thesis: The Great Commentary on Mukhtasar Khalil by Bahram: Study and Investigation (Part One).
    Employer: Al-Asmariya Islamic University. Faculty: Sharia and Law. Department: Sharia and Law.
    Academic Degree: Associate Professor.
    Academic and Administrative Experience:
    Member of the Academic Committee at Al-Asmariya Islamic University. 1
    Member of the Al-Asmariya Islamic University Council. 2
    Editor-in-Chief of the Journal of the Faculty of Sharia and Law at Al-Asmariya Islamic University. 3
    Dean of the Faculty of Sharia and Law at Al-Asmariya Islamic University. 4
    Dean of the Faculty of Academic Affairs at the Faculty of Sharia and Law at Al-Asmariya Islamic University. 5
    Head of the Department of Sharia and Law at the Faculty of Sharia and Law at Al-Asmariya Islamic University. 6
    Head of the Department of Sharia at the Faculty of Sharia and Law at Al-Asmariya Islamic University. 7
    Head of the Department of Islamic Economics at the Faculty of Sharia and Law at Al-Asmariya Islamic University. 8
    Member of the Editorial Board of the Al-Asmariya Islamic University Journal. 9
    Member of the Supreme Sharia Committee for Sharia Supervision of Takaful Insurance Companies. 10
    Member of the Sharia Supervisory Board of the Central Bank of Libya. 11
    Member of the Sharia Supervisory Board of the Supreme Insurance Authority. 12
    Chairman of the Sharia Supervisory Board of the Arab Consensus Bank. 13
    Vice Chairman of the Takaful Insurance Committee of the Insurance Authority of Libya. 14
    Member of the Sharia Supervisory Board of Al-Nouran Bank. 15
    Fellow of the International Institute of Islamic Thought. 16

    Scientific Conferences:
    Conference Venue, Date, Title of Paper Presented
    1. Third Financial Services Conference
    Tripoli, Libya 2012. Selling a Muslim Before Receiving and How to Benefit from It in Financing
    2. Fatwa and Future Foresight Conference
    Qassim University, Saudi Arabia 2013. Fatwa Controls Based on Practice in the Maliki School
    3. International Conference on Islamic Banking and Finance: Between Theoretical Development and Real-Life Lessons
    Oxford, Britain 2014. The Rule of the Lesser Subsists on the Greater and Its Applications in the Islamic Financial Industry
    4. Conference on Sheikh Muhammad Muftah Qaryo: Biography and Career
    Misurata University, College of Islamic Studies 2018. Sheikh Qaryo's Fatwa on the Permissibility of Workers and Craftsmen for Those Who Borrow with Interest: A Study and Investigation
    5. Conference on the Efforts of Libyan Scholars in Serving Sharia Sciences, Libyan Academy for Graduate Studies, Misurata Branch 2024. The Fatwa Methodology of Sheikh Ali Abdullah Jawan and Examples of His Fatwas

    Scientific Research Published in Scientific Journals:
    Research Title, Title Journal Volume and Issue Year of Publication
    1. A Letter in Response to the Incident of Maliki Imprisonment by Sheikh Ismail al-Tamimi (d. 1248 AH). A Study and Investigation. Journal of the Faculty of Sharia and Law / Al-Asmariya Islamic University, Volume 2, Issue 2, 2018.
    2. Sharif Ismail al-Tamimi's Answers to the Questions of Hussein Pasha Bey of Tunis, Known as the Letter on Performing the Tenth, by Sheikh Ismail al-Tamimi (d. 1248 AH). A Study and Investigation. The Academic Forum / Syndicate of Faculty Members at Al-Asmariya University, Volume 3, Issue 1, 2019.
    3. A Correction to Ibn 'Adhum's Answer on the Reality of Excuses, by Sheikh Ibrahim ibn 'Abd al-Qadir al-Riyahi (d. 1266 AH). A Study and Investigation in collaboration with Dr. Mustafa Juhayma. Dalalat Magazine /
    Tobruk University, Volume 1, Issue 3, 2021.
    4. Fatwas of Sheikh Miftah ibn Zahia al-Zlitni. A Study and Investigation in collaboration with Prof. Ali Al-Haris, Academic Forum/Asmariya University Faculty Members Syndicate, Volume 7, Issue 3, 2023
    5. Answers to questions submitted by the Pakistani Islamic Advisory Council, by Sheikh Ali bin Abdullah Jawan - Study and Investigation - in collaboration with Dr. Ibrahim Al-Zaidi. Journal of the College of Sharia and Law/Asmariya Islamic University, Volume 4, Issue 2, 2023
    6. Answer of Sheikh Ismail Al-Tamimi (d. 1248 AH) on the issue of a ruling to overturn the endowment of some properties under a contract of endowment. Does this prevent the dissenter from examining the remaining properties not covered by the ruling? - Study and Investigation - in collaboration with Dr. Ibrahim Al-Zaidi. Journal of Asmariya Islamic University, Volume 37, Issue 3, 2024
    7. Fatwa on a person who died leaving behind two brothers who had a dispute, with witness testimony that the deceased had a full brother and a paternal brother, by Abu Hafs Umar bin Qasim bin Al-Mahjoub Al-Sharif (d. 1222 AH). - Study and Investigation - in collaboration with Dr. Ibrahim Al-Zaidi, Educational Journal, Faculty of Education, University of Al-Marqab, Issue 25, 2024
    8. Two answers by Sheikh Ismail Al-Tamimi (d. 1248 AH) regarding my question from Hussein Bey of Tunis: A study and investigation. Journal of the Faculty of Sharia and Law, Al-Asmariya Islamic University, Volume 5, Issue 2, 2024
    9. Fatwas of Sheikh Ali Abdullah Juwan on Planting (d. 1436 AH/2015 CE). A study and investigation. The Academic Forum/Asmariya University Faculty Members Syndicate, Volume 8, Issue 2, 2024
    10. An answer to the large number of questioners during times of famine, by Abu Abdullah Muhammad ibn Ahmad Al-Masnawi Al-Dila'i (d. 1136 AH) - a study and investigation - in collaboration with Dr. Ibrahim Al-Zaidi. Qabas Journal for Sharia Research and Studies, Faculty of Islamic Studies, Al-Zaruq, Misrata University, Issue 12, 2024

References

1.
Ibn Abi Al-Dhiaf, Itihaaf Ahl Al-Zaman bi-Akhbar Muluk Tunis wa-Ahd Al-Aman, ed. by a committee from the Ministry of Culture and Heritage Preservation, Dar Al-Arabiya for Books, Tunis, 1st ed., 2016.
2.
Ibn Al-Nazim: Sharh Tuhfat Al-Hukkam, ed. by Ibrahim Abd Al-Saud Al-Janabi, Dar Ibn Hazm, Beirut, 1st ed., 1434 AH/2013 AD.
3.
Ibn Rushd Al-Qurtubi, Al-Muqaddimat Al-Mumhadat, ed. by Muhammad Hajji, Dar Al-Gharb Al-Islami, Beirut, 1st ed., 1408 AH/1988 AD.
4.
Ibn Salmun Al-Kinani, Al-Aqd Al-Muntazam Lil-Hukkam fi Yajri Bayna Idihim Min Al-Uqud Wa Al-Ahkam, ed. by Muhammad Abd Al-Rahman Al-Shaghul, Dar Al-Afaq Al-Arabiya, Cairo, 1st ed., 1432 AH/2011 AD.
5.
Ibn Abd al-Salam al-Hawari, Tanbih al-Talib li-Fahm al-Alfath al-Jami' al-Ummat by Ibn al-Hajib, edited by a group of researchers, Dar Ibn Hazm, Beirut, 1st ed., 1440 AH/2018 CE.
6.
Ibn Arafa al-Warghmi, Al-Mukhtasar al-Fiqhi, edited by Hafez Abd al-Rahman Muhammad Khair, Khalaf Ahmad al-Habtoor Foundation for Charitable Works, Dubai, 1st ed., 1435 AH/2014 CE.
7.
Ibn Farhun, Al-Dibaj al-Mudhahhab fi Ma'rifat A'yan Ulama al-Madhhab, edited by Muhammad al-Ahmadi Abu al-Nur, Dar al-Turath, Cairo, first edition.
8.
Ibn Muqlash, Sharh al-Busiriyyah al-Sharh al-Muwasit, edited by Muhammad Marzaq, Dar Ibn Hazm, Beirut, 1st ed., 1430 AH/2009 CE.
9.
Ibn Naji al-Tanukhi, Sharh al-Tafri' (Explanation of the Branching), trans. Abu al-Fadl al-Damiati, Dar Ibn Hazm, Beirut, 1st ed., 1439 AH/2018 CE.
10.
Badr al-Din al-Qarafi, Tawshih al-Dibaj wa Hilyat al-Ibtihaj (The Decoration of Brocade and the Ornament of Joy), trans. Ali Umar, Maktabat al-Thaqafa al-Diniyya (Religious Culture Library), Cairo, 1st ed., 1425 AH/2004 CE.
11.
al-Baradhi'i, al-Tahdhib fi Ikhtisar al-Mudawwana (The Comprehensive Study of the Abridgment of the Code), trans. Muhammad al-Amin bin Muhammad Salim bin al-Shaykh, Dar al-Buhuth for Islamic Studies and Heritage Revival, Dubai, 1st ed., 1423 AH/2002 CE.
12.
al-Barzili, Jami' Masail al-Ahkam (A Compendium of Rulings Regarding the Cases Issued by the Muftis and Judges), trans. Muhammad al-Habib al-Hayla, Dar al-Gharb al-Islami, Beirut, 1st ed., 2002 CE.
13.
Al-Tanbakti:
14.
 Kifayat al-Muhtaj li-Ma'rifat min Lais fi al-Dibaj, trans. Muhammad Mut'i, Ministry of Endowments and Islamic Affairs, Morocco, 1st ed., 1421 AH/2000 CE.
15.
 Attaining Delight in Embroidery of Dibaj, trans. Abdul Hamid al-Harama, Dar al-Katib, Tripoli, 2nd ed., 2000 CE.
16.
Al-Dabbagh, Ma'alim al-Iman fi Ma'rifat Ahl al-Qayrawan, with Ibn Naji's Completion, trans. Ibrahim Shabouh, Muhammad al-Ahmadi Abu al-Nur, and Muhammad Madhur, Al-Maktaba al-Atiqah, Tunis, and Al-Khanji Library, Egypt, 2nd ed., 1388 AH/1968 CE.
17.
Al-Dardir, Al-Sharh al-Saghir, with Al-Sawi's Commentary, corrected by a committee headed by Sheikh Ahmad Sa'd Ali, Mustafa al-Babi al-Halabi Library, Cairo, final edition, 1372 AH/1952 CE.
18.
Al-Zubaidi, Taj al-Arus min Jawahir al-Qamus, edited by a group of researchers, the Ministry of Guidance and Information in Kuwait, and the National Council for Culture, Arts, and Letters in the State of Kuwait, 1st ed., 1385-1422 AH/1965-2001 AD.
19.
Al-Zarqani, Sharh Mukhtasar Khalil, with annotations by al-Banani, edited by Abd al-Salam Muhammad Amin, Dar al-Kutub al-Ilmiyyah, Beirut, 1st ed., 1422 AH/2002 AD.
20.
Al-Zarkali, al-A'lam, Dar al-Ilm lil-Malayin, Beirut, 15th ed., 2002 AD.
21.
Sahnun, al-Mudawwana, Dar al-Kub al-Ilmiyyah, Beirut, 1st ed., 1415 AH/1994 AD.
22.
Al-Sanusi, Musamarat al-Dharif fi Hasan al-Ta'rif, edited by Muhammad al-Shadhili al-Nayfar, Dar al-Gharb al-Islami, Beirut, 1st ed., 1994 AD.
23.
Abdul Hayy al-Kattani, Index of Indexes, ed. Ihsan Abbas, Dar al-Gharb al-Islami, Beirut, 2nd ed., 1982.
24.
al-Qadri, Nashr al-Mathani li-Ahl al-Qarn al-Ithnayn al-Thaniyah, ed. Muhammad Hajji and Ahmad al-Tawfiq, Maktabat al-Talib, Rabat, 1st ed., 1407 AH/1986 AD.
25.
al-Qadi Ayyad, Arrangement of Perceptions and Approximation of Paths, ed. Muhammad ibn Tawit al-Tanji and others, Ministry of Endowments and Islamic Affairs, Morocco, 2nd ed., 1965-1983 AD.
26.
Kahala, Dictionary of Authors, Dar Ihya' al-Turath al-Arabi, Beirut, 1st ed.
27.
Muhammad al-Fadhel ibn Ashur, Biographies of Notable Figures, Tunisian House of Publication, Tunis, 1st ed., 1970 AD.
28.
Muhammad ibn al-Khuja:
29.
 A History of the Landmarks of Monotheism in the Past and Present, ed. al-Jilani ibn al-Hajj Yahya and Hammadi al-Sahli, Dar al-Gharb al-Islami, Beirut, 2nd ed., 1985.
30.
 Pages from the History of Tunisia, ed. al-Jilani ibn al-Hajj Yahya, Dar al-Gharb al-Islami, Beirut, 1st ed., 1986.
31.
Muhammad Mahfouz, Biographies of Tunisian Authors, Dar al-Gharb al-Islami, Beirut, 1st ed., 1405 AH/1985 AD.
32.
Muhammad Makhlouf, The Fragrant Tree of Light in the Classes of the Malikis, ed. Abd al-Majid Khayali, Dar al-Kutub al-Ilmiyyah, Beirut, 1st ed., 1424 AH/2003 AD.
33.
Mahmoud Shammam, Notable Figures from the Zaytouna, Tunisian Company for Graphic Arts, Tunis, 2nd ed., 1417 AH/1996 AD.

Most read articles by the same author(s)

<< < 8 9 10 11 12 13 14 15 16 17 > >>