Interpretive Preferences of Al-Kiya Al-Harasi and Al-Qurtubi in Family Rulings (Marriage, Divorce, and Family): A Comparative Study – "Guardianship in Marriage"

Abstract

This study examines the interpretive preferences of Al-Kiya Al-Harasi and Al-Qurtubi regarding the Qur'anic verses on family rulings, with particular focus on the issue of guardianship in marriage as an applied model for comparison between the two juristic exegeses: Aḥkām al-Qur'an and Al-Jāmiʿ li-Aḥkām al-Qur'an. It aims to elucidate the methodology of the two imams in presenting juristic opinions, scrutinizing their evidences, discussing the aspects of inference, and uncovering the impact of doctrinal affiliation, as well as the foundational, linguistic, and ḥadīth-related tools in constructing interpretive preference. The study adopted both inductive and analytical approaches by surveying the relevant passages in the two books and analyzing the proofs of the two groups—those who require a guardian and those who do not. It concluded that both imams favored the majority view of the Mālikī, Shāfiʿī, and Ḥanbalī schools, which stipulates guardianship for a valid marriage, relying on the apparent meaning of the Qur'an, authentic Sunnah, occasions of revelation, and rational considerations. Al-Qurtubi was distinguished by his comprehensiveness in presentation, while Al-Kiya was noted for his strong critical engagement with the Ḥanafī school. The study recommends extending this comparative inquiry to other sections of Islamic family law, so as to highlight the methodological value of interpreting the verses of legal rulings and connecting them to the needs of the contemporary Muslim family and its evolving provisions, both in practice and in theoretical grounding, in light of the higher objectives of Shariah and the requirements of disciplined ijtihad guided by the established rules of scholarship and sound principles of legal reasoning.