الملخص الإنجليزي
This study of three chapters consists of an investigation into the jurisprudential principles related to divorce which are scattered in the book Sharḥ al-Nayl. It explains their concepts, the branches of these principles as well as their exceptions and the views of the Ibadi school as compared to the views of Al-Qutub.
The study sets out to answer the following questions: Does Al-Quțub, in his Kitāb al-Nayl, mention legal principles explicitly, or can they be deduced from the branches (furū) he mentions? What is the extent of convergence or difference between Al-Qutub and the Ibadi fiqh scholars, with regard to these legal principles? To which extent does Al-Qutub abide by using the mentioned legal principles in his book Sharḥ al-nayl? The study arrives at the following results: 1. The book "Sharḥ al-nayl wa shifā' al-'alīl" contains legal principles regarding divorce, some of them are mentioned explicitly, while others are clearly referred to in the author's final discussions and evaluations of the case studies. The study identified 38 legal principles.
