ISSUES DISCUSSED IN THE CHAPTER "THE BOOK OF MARRIAGE" IN THE WORK "FATAVOI KHOJANDI"

Аннотация

In the section "The Book of Marriage" of "Fatavoi Khodjandi", the issues related to the conditions of marriage, its legal implications, and the circumstances under which a marriage may be annulled are discussed. This section provides a detailed analysis of the necessary conditions for marriage, the legal relations between husband and wife, the preservation and modification of the marriage, as well as matters related to divorce (talaq). Additionally, the section includes legal decisions and fatwas that help understand family relations. The significance of the "Book of Marriage" in the context of Islamic law, its uniqueness, and the Hanafi madhhab's approach are explored. This scholarly work analyzes the keyissues in the"Book ofMarriage" section and their practical relevance. Keywords: Fatavoi Khodjandi, marriage, Islamic law, fiqh, Hanafi madhhab, family, divorce, legal relations, family law. Tajuddin Abu Bakr Al-Akhsikati Al-Khojandi's work "Fatawai Khojandi" specifically addresses the issue of "Marriage". That is, the issues of marriage are interpreted in the book of Akhsikati as follows. The main purpose of addressing this topic is that nowadays, divorces due to social ills are increasing. The marriage contract is connected with two words that express the past tense (past tense), and according to the method of istihsan, one of the two is also connected with two words that express the future. It is not connected by analogy, because the word future makes thepromiseprobable1. Burhoniddin Marginoni expresses the lexical meaning of the word "Nikoh" as follows: "(The word Nikoh) is also associated with the words "nikoh", "to marry", "gift", "to give as property" and charity.”2. They said: If a man says to another man: “Give me your daughter in marriage” or “I have come to be your matchmaker,” and he says: “I have given her in marriage,” then the marriage is validand obligatory. 1ЎзбекистонФАШарқшуносликилмийтекширишинститутинингқўлёзмаларфондиинв.№2392. لدپعوپا یدنجخلایدعاقلاجرلایپانپ مساقلایپانپیلعنپدمحم 2БурҳониддиналМарғиноний.Ҳидоя.Iжилд.-Тошкент:Адолат,2001.-Б.646. page578 INTERNATIONAL JOURNAL OF ARTIFICIAL INTELLIGENCE ISSN:2692-5206,ImpactFactor:12,23 AmericanAcademicpublishers,volume05,issue06,2025 Journal: https://www.academicpublishers.org/journals/index.php/ijai This is not like a betrothal, and if a man says to a woman: “I will marry you for such and such a price,” and she says: “I accept,” then the marriage is concluded. Every word that expresses ownership of property in a slave-girl expresses marital property. If a man says to another: “Did you give me your daughter?” and she says: “I did,” then the marriage is not concluded. If a man says to another: “I gave my daughter so and so to serve you,” and she says: “Iaccepted,”then the marriage is not concluded. They said: If a man and a woman confess in the presence of witnesses that they are husband and wife, then the marriage is not concluded between them. Similarly, if a man says to awoman, “This ismy wife,”and she says, “This is myhusband,”then there is nomarriage. Imam Qazi Khan said: The answer should be detailed, if both of them acknowledge that there was a previous contract between them, then there is no contract between them, and there is no marriage. If the woman acknowledges, “He is my husband,” and the man acknowledges, “She is my wife,” then this is a marriage, and their acknowledgements include the fact that a marriage has been established between them. According to the prohibition of acknowledging a contract that didnot existbetween them, because thisis aclear lie. A man agreed on a dowry of one thousand dirhams and said to the groom: “From the one thousand dirhams, give the bride five hundred dirhams and give us five hundred dirhams.” The groom sent five hundred dirhams, but did not give his five hundred dirhams. The representative of the bride asked for five hundred dirhams. Because the person who is authorized to buy the property owns what he buys. This is correct according to Imam Abu Yusuf and Imam Muhammad, even if nooneis appointed to buyitfrom him. It is correct for the representative to do the work himself, because the person who is authorized to buy it can take what is ordered, because that is the custom. And it is possible with the word of one person. If he buys two properties, it is correct, but he does not own it. It was said: A man married a girl from his own family to his son from another family. The girl grew up and married another man without having children. Her previous husband came and claimed that there was a marriage. Since the lineage of the children was not established from her, the judge immediately decreed that she should be divorced. The woman is required to observe the iddah of divorce, even if she had never been alone with her husband. Two sisters were married in two marriages, then so-and-so decided that he was the first, and in reality he was the second, and so-and-so became the first, and they both knew t