The disputed opinions of Imams Al-Mawza'i and Al-Najri Regarding the Rulings on Seclusion and Witnessing the Wife's Return, and their Jurisprudential Impact on their Interpretations (Taysir Al-Bayan and Shafi' Al-'Alil): A Comparative Study

Abstract

This study aims to introduce the two scholars al-Mawzi‘i and al-Najri, and to examine their exegetical works Taysīr al-Bayān and Shāfī al-‘Alīl, as well as to identify their views on the issues of seclusion (khalwa) and witnessing the revocation of divorce (raj‘a). The study adopts a comparative methodology by analyzing and comparing the opinions of the two scholars with those of other jurists. The findings of the study indicate, first, a preference for al-Mawzi‘i’s view that the term ifḍāʾ in the Qur’anic verse is a metaphor for intercourse and physical intimacy rather than mere seclusion. A key legal implication of this view is that a stepdaughter does not become prohibited to her mother’s husband merely through seclusion with her mother; likewise, if a man is alone with his wife but there exists a barrier preventing intercourse or physical intimacy, the dowry does not become obligatory. Second, the study favors al-Mawzi‘i’s opinion that witnessing the revocation of divorce is obligatory due to the strength of his evidence. A legal consequence of this is that in the case of dispute between spouses regarding the occurrence of revocation, the husband’s claim is accepted if the dispute arises before the end of the waiting period (‘iddah), whereas the wife’s claim is accepted if it arises after its completion. The study concludes by recommending greater scholarly attention to Yemeni juristic exegesis and highlighting its significance in the field of comparative jurisprudence.