Abstract:

The aim of this article is to evaluate the critical edition, analysis and translation of a treatise that was written by the Ottoman scholar Muftīzāde Muḥammad b. Hamza. In his treatise, the author investigated the issues of fatwā and taqlīd related to divorce performed under duress (ikrāh). Considering the conditions of his time, Muhammad b. Hamza maintains the necessity of nullifying the divorce performed under duress. With this opinion, the author parts from the views of the Ḥanafī school, which had the prevailing position in the region where he lived. Furthermore, in order to strengthen his position, Muftīzāde Muḥammad b. Hamza investigates the provisions related with imitation (taqlīd) in the introduction of the treatise. Building on the issue that the views of different mujtahids can be performed simultaneously if required on solid ground; the author deems the view of the Mālikī, the Shāfi‘ī and the Ḥanbalī schools suitable on  ivorce performed under duress for the conditions of his time. The present article examines the subject in two sections. The first section contains general knowledge on the author and his treatise, which is followed by the bulk of the study that entails the critical edition and analysis of the treatise. 

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