LessonsLegal Implications of Khāṣṣ and the Two Kinds of ʿĀmmQuiz

فلا يترك العمل به بما روي عن النبي ﷺ
An established specific textual implication is not simply abandoned because another prophetic report addresses the subject.

In Hanafi law a sane adult woman's capacity to conclude her own marriage is recognized, with further conditions and disputes involving suitability, mahr and guardians' rights.

In Shafiʿi law a guardian is required for a valid marriage contract; an adult woman cannot independently conclude it in the same way.

The precise distinction:
Hanafi argument emphasizes the Qur'anic attribution to the woman and harmonization with further evidence.
Shafiʿi argument emphasizes the guardian reports as defining conditions of marriage.

Understanding both requires the principles of specific and general terms and the reconciliation of legal evidence.

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Hanafi and Shafiʿi interpretations of guardianship

Legal Implications of Khāṣṣ and the Two Kinds of ʿĀmm

فلا يترك العمل به بما روي عن النبي ﷺ
An established specific textual implication is not simply abandoned because another prophetic report addresses the subject.

In Hanafi law a sane adult woman's capacity to conclude her own marriage is recognized, with further conditions and disputes involving suitability, mahr and guardians' rights.

In Shafiʿi law a guardian is required for a valid marriage contract; an adult woman cannot independently conclude it in the same way.

The precise distinction:
Hanafi argument emphasizes the Qur'anic attribution to the woman and harmonization with further evidence.
Shafiʿi argument emphasizes the guardian reports as defining conditions of marriage.

Understanding both requires the principles of specific and general terms and the reconciliation of legal evidence.