Discussion of Jurisprudential Preferences in Dr. Abdulkarim Zidan's Book "Al-Mufassal" – The Chapter on Hajj

Written by:

Dr. Jalal Azel Ghazal

Dr. Haitham AbdulSalam Muhammad

A peer-reviewed research paper published in the Journal of Islamic Research and Studies, a refereed quarterly academic journal issued by the Sunni Endowment Office in Iraq.

The research was authored by Assistant Professor Dr. Jalal Azel Ghazal Al-Hayazi and Assistant Professor Dr. Haitham Abdul Salam Mohammed Al-Obaidi, and was published in Issue No. 79, Part Three, in 2025.

Introduction to the Research

This research presents an extensive analytical study of the jurisprudential preferences chosen by the esteemed scholar Dr. Abdulkarim Zidan, may God have mercy on him, in his book Al-Mufassal fi Ahkam al-Mar'a wal-Bayt al-Muslim fi al-Shari'a al-Islamiyya (The Detailed Book on the Rulings of Women and the Muslim Household in Islamic Law), specifically in the chapter on Hajj. This chapter is considered one of the richest sections of the book in issues that are repeatedly needed every year, making the study of the author's methodology in preference particularly important.

The research relies on tracing the issues where Dr. Zidan made preferences, analyzing his method in presenting jurisprudential opinions, clarifying the evidences, and preferring what he sees as closer to the objectives of the Sharia and more considerate of people, while maintaining the strength and discipline of reasoning.

Components of the Research

The research consists of an introduction, three main sections, and a conclusion that includes the most important results, as follows:

First Section: Biography of Dr. Abdulkarim Zidan

It covers:

His birth and scientific upbringing.

His academic and professional career.

His teachers from whom he received knowledge.

His religious and political activities.

His most prominent writings.

His death, may God have mercy on him.

Second Section: His Methodology in Preference in His Book "Al-Mufassal"

It includes:

The scientific foundations he relied on in preference.

His method in presenting jurisprudential opinions.

The extent of his adherence to the principles of jurisprudential preference.

Features of his approach in dealing with issues related to women.

Third Section: Issues of Preferences in the Chapter on Hajj

This is the largest section of the research, in which the researcher addressed the most prominent issues preferred by Dr. Zidan, including:

The meaning of capability (al-Istita'a) in Hajj.

The pilgrimage of a woman without a husband or mahram.

The travel distance that requires a woman to have a mahram.

The refusal of the husband or mahram to accompany the woman.

Tawaf al-Ifadah for the menstruating woman.

The condition of ablution for Tawaf.

Purity from impurity in Tawaf.

The number of circuits of Tawaf.

Tawaf walking or riding.

The ruling on Sa'i between Safa and Marwah.

The earliest time for stoning the Jamrat al-Aqaba.

A woman shortening her hair.

The separation of spouses when performing an invalid Hajj.

Conclusion

It includes the most important results, including:

That Dr. Zidan's preferences address the practical needs of people.

That he was moderate in preference, tending towards the easier option unless evidence contradicted it.

That he did not overuse preferences but left room for the reader to choose.

That he mostly adhered to the rules of preference, with some observations in certain places.

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Published on: 2025-12-31 (101 Reads)