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The Concept of Division and Part-Whole Relation in Marriage and Divorce Sections in Sharakhsî’s Mabsût
Hanafî legal doctrine in which that rational methods are often referred in reasoning legal matters after sacred texts, has many methods of legal reasoning. The concept of division and part-whole relation are two of these rational methods and are applied in many legal arguments. Hanafî jurists categorise matters as divisible and indivisible. They regard that a part represents whole in indivisible matters and mentioning any part of an indivisible matter is interpreted as mentioning and meaning whole of it. In Hanafî legal sources, part-whole relation is analysed with the combination of the concept of division in some legal matters and on its own in some others. We must state that although the concepts of division, part and whole are look like the atomic concepts that are used in Islamic theology, in this article the relationship of these concepts with the atomic idea will not be mentioned. The focus of this article is how the Hanafî scholars used these terms while reasoning legal matters and how they solved the legal problems using the principles based on these concepts. The main source of this article is Sharakhsî’s famous book Mabsût. We will investigate some subjects (guardianship, ties of kinship, dowry, detachment period of woman, the likening of a woman to a kinswoman, wet nursing) in the marriage and the divorce sections of Sharakhsî’s book. In addition to these subjects, we will compare the opinions of scholars to the concept of separation and the part-whole relation in the marriage and divorce sections with those in other legal sections.
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Separation, Part-Total, Hanafî, Marriage, Divorce.

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