Thank you, Janan
Plus the Muwatta’ out-of Malik, Ibn Sa’id’s Mudawwana, and al-‘Utbi’s Mustakhraja, any alternative court work did you analysis to suit your dissertation?
So towards earliest period, it is so when brand new Mudawwana, the fresh new Muwatta’, and the Muwatta’. To your next several months– and then have, I end having al-Nawadir wa-l-ziyadat of Zayd ibn Abi Zayd al-Qayrawani– and i also thought it is additionally vital to notice, I didn’t explore which before, it may not become beneficial to our clients, that– to your listeners– one al-Nawadir wa-l-ziyadat as well as the Mudawwana are written by jurists regarding Qayrawan. Plus they are not out of al-Andalus. That’s something different that i is explore, if you will be creating a track record of al-Andalus and also the fiqh, We choose work which were both developed by Andalusis otherwise was indeed extremely important in al-Andalus. And this is possible indeed into Mudawwana additionally the Nawadir wa-l-ziyadat. And is why a brief history is porous. You can not only contain it on the you to definitely geographical space. In reality, the newest jurists moved, training traveled, so there is actually an incredibly deep union between Qayrawan and you may al-Andalus. Which is the reason why the source away from texts which i include in my personal dissertation echo you to definitely permeable character of Andalusi Malikism in the ages. Therefore again, that is on the 10th century, Nawadir wa-l-ziyadat, then into 11th and you will very early an element of the 12th, Kitab al-muntaqa from Abu-l-Walid al-Baji, Kitab al-kafi out of Ibn ‘Abd al-Barr, al-Bayan wa-l-tahsil and you may al-Muqaddimat wa-l-mumahhidat from Ibn-rushd al-Jadd plus one fatawa range, al-Ahkam al-kubra off ‘Isa b. Sahl, that also thankfully, includes a number of courtroom instances. [Dr. Delgado’s source along with incorporated Kitab lovingwomen.org hopp over til disse karene al-nafaqat out-of Ibn al-Rashiq in addition to Muhalla away from Ibn Hazm.]
Yes, yeah, thank you
Many thanks. So to gain access to hadana, are you willing to tell us, what is the facilities of hadana and you will just what are their basic laws that we should know, since in depth regarding Mudawwana of Sahnun, which were are followed?
Hadana refers to the protective care and attention and you can quick costs more good ward. Into the English, we are not change hadana since the child custody. I personally use which term inside my be as effective as, but I should clarify first, the title hadana corresponds significantly more truthfully as to what we believe regarding into the Western legislation as the bodily infant custody, whereas courtroom custody is much more similar to yet another establishment into the Islamic law named wilaya. Pre-progressive Muslim jurists weren’t excessively concerned about the precise shipments out of court and you will physical requirements away from mothers towards its students since long since the relationship survived. Parents was in fact in reality given particular freedom to look after their people and distribute opportunities and you can responsibilities because they better spotted match. not, in case of a split up, otherwise death of one to otherwise both dad and mom, jurists distributed the latest legal rights and you will commitments of wards and you will caretakers most obviously and you will inside you to definitely shipping, real child custody hadana, are mainly but not exclusively allotted to moms and dads as well as their feminine cognates, while judge guardianship try mostly allotted to the daddy and his awesome agnates, primarily male however exclusively, together with women too.
Very that’s wilaya and you will hadana and you will my dissertation doesn’t manage wilaya, with legal custody, and it enjoys simply tangentially. So to speak regarding the hadana even more specifically, the newest Mudawwana out of Sahnun set most demonstrably and you can unambiguously maternal consideration. If there is a divorce or separation, a child stays under the actual proper care of mom; until puberty when it comes to guys and you can up until matrimony inside the the truth of females, of course that is, that will capture for years and years. Over the course of hadana, a father, otherwise after that protector, wali, try financially guilty of their students and then he need to stay-in touching together and you may oversee its products. Jurists mentioned clearly such things as children’s education and discipline. And wards could possibly get waste time through its dads away from maternal house, especially to obtain the legal rights fulfilled, state such, in the event that a father, they mentioned when the a father has to train their child a good trade, such.