Thank you so much, Janan
Along with the Muwatta’ regarding Malik, Ibn Sa’id’s Mudawwana, and you can al-‘Utbi’s Mustakhraja, any alternative legal works do you data for the dissertation?
Therefore into first period, it’s when new Mudawwana, the brand new Muwatta’, and Muwatta’. To your second several months– and then have, I end having al-Nawadir wa-l-ziyadat regarding Zayd ibn Abi Zayd al-Qayrawani– and that i think you will want to note, I didn’t mention it ahead of, it might not getting useful to the clients, that– to the listeners– you to al-Nawadir wa-l-ziyadat plus the Mudawwana is published by jurists of Qayrawan. And they’re perhaps not off al-Andalus. Which can be something else that we is always to explore, that if you will be carrying out a history of al-Andalus while the fiqh, I choose really works which were either developed by Andalusis otherwise was in fact highly important from inside the al-Andalus. And therefore try the actual situation certainly lovingwomen.org vieraile sivustolla into Mudawwana and Nawadir wa-l-ziyadat. Which can be as to why the real history is actually porous. You cannot merely have it to the you to geographic space. Indeed, the latest jurists journeyed, knowledge traveled, there is an extremely strong relationship ranging from Qayrawan and you may al-Andalus. Which is the reason why the reason off messages that we use in my dissertation mirror you to permeable character out of Andalusi Malikism from inside the years. Thus once again, that is towards 10th century, Nawadir wa-l-ziyadat, and into 11th and you can very early the main twelfth, Kitab al-muntaqa out of Abu-l-Walid al-Baji, Kitab al-kafi away from Ibn ‘Abd al-Barr, al-Bayan wa-l-tahsil and you will al-Muqaddimat wa-l-mumahhidat off Ibn rushd al-Jadd including you to definitely fatawa range, al-Ahkam al-kubra out of ‘Isa b. Sahl, that can luckily for us, contains a number of courtroom times. [Dr. Delgado’s sources plus incorporated Kitab al-nafaqat regarding Ibn al-Rashiq and also the Muhalla away from Ibn Hazm.]
Sure, yeah, thank you so much
Many thanks. Very to view hadana, do you write to us, what is the establishment off hadana and you may what exactly are their earliest laws and regulations that individuals should be aware of, as the detail by detail in the Mudawwana off Sahnun, that have been getting adopted?
Hadana refers to the defensive care and you may immediate fees more a beneficial ward. Within the English, i aren’t convert hadana once the child custody. I use so it term during my be as effective as, but I should describe at the outset, that term hadana corresponds a great deal more precisely about what we think regarding from inside the Western legislation since real child custody, whereas judge infant custody is far more comparable to a new institution inside Islamic rules entitled wilaya. Pre-progressive Muslim jurists just weren’t excessively concerned with the specific shipments out-of court and you can real responsibilities away from moms and dads with the their youngsters because the enough time since wedding lasted. Moms and dads was actually considering specific freedom to look after its children and dispersed opportunities and you will requirements because they finest saw fit. not, in the event of a divorce, or loss of one to otherwise both parents, jurists distributed the newest liberties and you can duties regarding wards and you can caretakers very certainly and you will in this that shipment, real infant custody hadana, was mostly but not entirely allotted to mothers and their female cognates, while court guardianship try primarily allotted to the father with his agnates, mainly male although not only, and additionally feminine as well.
Thus that is wilaya and you may hadana and you will my personal dissertation does not manage wilaya, that have legal custody, also it provides just tangentially. As they say on the hadana more particularly, the brand new Mudawwana from Sahnun establishes most demonstrably and you can unambiguously maternal top priority. In case there is a breakup, a child remains according to the bodily care of the mother; up to puberty in the case of males and you can up to matrimony in the the situation of females, and if that is, that get a lifetime. Throughout hadana, a dad, otherwise further protector, wali, try financially accountable for their students in which he need certainly to stay static in touch using them and you will supervise the factors. Jurists stated explicitly such things as children’s education and discipline. And you can wards can get waste time the help of its dads outside of the maternal household, specifically to get the liberties found, say instance, when the a dad, they said in the event that a dad should train their son a trade, instance.
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