Imam al-Awza’i’s Contradictions of the Majority of Scholars in Matters of Marriage and Divorce

Abstract

     This research deals with some specific and selected topics relevant to marriage and divorce where Imam Ouza’i contradicted the majority of  Muslim religious scholars. The study is divided into an introduction, a preface and two chapters; each of which includes a number of demands. In the preface, the researcher provides a brief translation of Imam Ouza’i’s life; whereas, in the first chapter, he deals with Imam Ouza’i’s  contradictions to the majority of scholars with regard to marriage. The first chapter also includes the following demands. The first one is having a look at the fiancée and the duration of the look. The second relates to asking for the hand of a girl who has already been engaged. The third relates to the bride’s sponsor’s conditioning in the marriage contract. The fourth is concerned with Shighar marriage. The fifth relates to the complementing conditions of marriage. The last deals with Tahleel marriage.

     However, the second chapter investigates Imam Ouza’I’s contradictions to the majority of scholars with regard to divorce topics. It includes the following demands. The first demand relates to the husband’s pronouncing that his wife is to be divorced (saying it three times). The second relates to the man’s saying, “Every woman I get married to is to be divorced.” The third relates to the woman ignoring her husband. The fourth relates to the divorce following the end of the sponsor’s period. The fifth relates to whether the wife demanding divorce can be actually divorced.