Thanks a lot, Janan
Along with the Muwatta’ regarding Malik, Ibn Sa’id’s Mudawwana, and al-‘Utbi’s Mustakhraja, what other legal work did you data to suit your dissertation?
Thus into first period, it is when this new Mudawwana, the fresh Muwatta’, in addition to Muwatta’. On next months– and then have, I avoid having al-Nawadir wa-l-ziyadat away from Zayd ibn Abi Zayd al-Qayrawani– and that i think it’s also important to notice, I didn’t discuss so it ahead of, it may not become beneficial to the members, that– to your listeners– one al-Nawadir wa-l-ziyadat together with Mudawwana was authored by jurists out of Qayrawan. And perhaps they are not of al-Andalus. And that’s something different that we would be to mention, that when you may be carrying out a track record of al-Andalus together with fiqh, We choose works that were possibly produced by Andalusis or was basically highly influential when you look at the al-Andalus. And that was the outcome yes toward Mudawwana while the Nawadir wa-l-ziyadat. And that’s why the historical past was porous. You simply can’t simply own it on the you to geographic place. In fact, the brand new jurists traveled, education journeyed, there is a highly deep union ranging from Qayrawan and you may al-Andalus. And that’s why the main cause of messages that i use in my dissertation reflect you to permeable nature out-of Andalusi Malikism into the ages. So again, that is into the 10th century, Nawadir wa-l-ziyadat, immediately after which to the 11th and very early the main 12th, 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 al-Muqaddimat wa-l-mumahhidat out of Ibn-rushd al-Jadd along with that fatawa range, al-Ahkam al-kubra out-of ‘Isa b. Sahl, that can thank goodness, includes several courtroom cases. [Dr. Delgado’s sources and integrated Kitab al-nafaqat away from Ibn al-Rashiq in addition to Muhalla away from Ibn Hazm.]
Yes, yeah, many thanks
Thanks a lot. Thus to get into hadana, are you willing to inform us, what is the business off hadana and you may what exactly are the very first laws and regulations that people should be aware of, because outlined from the Mudawwana away from Sahnun, that have been are adopted?
Hadana refers to the defensive care and attention and you will quick charge over a ward. During the English, i aren’t change hadana because child custody. I prefer it term within my work as well, but I should describe at the outset, your term hadana matches much more precisely about what we feel out of in American legislation once the bodily infant custody, whereas court infant custody is much more akin to a special organization when you look at the Islamic legislation named wilaya. Pre-progressive Muslim jurists were not overly concerned with the precise distribution out-of legal and you can real duties out of moms and dads on the children once the enough time just like the matrimony survived. Parents was actually given certain liberty to maintain its students and distributed positions and you may duties while they ideal watched match. But not, in case there are a breakup, otherwise death of that or both dad and mom, jurists delivered the legal rights and obligations from wards and you can caretakers most demonstrably and you can contained in this one shipment, physical custody hadana, are mainly but not solely assigned to mothers as well as their women cognates, whereas courtroom custody are mostly allotted to the father along with his agnates, primarily male yet not only, together with women also.
Very which is wilaya and hadana and you may my personal dissertation will not deal with wilaya, having judge guardianship, and it possess only tangentially. As we say about hadana so much more specifically, the Mudawwana out-of Sahnun establishes really obviously and you will unambiguously maternal concern. In case of a divorce case, a baby remains within the physical care of the mother; until puberty regarding males and https://lovingwomen.org/no/blog/etiopiske-datingsider/ you can up until relationships within the the way it is of females, if in case which is, that will take a very long time. During the period of hadana, a dad, or subsequent protector, wali, try economically guilty of their pupils and then he must remain in contact together and you will oversee their activities. Jurists mentioned explicitly things like children’s studies and discipline. And wards can get spend time employing dads outside of the maternal household, specifically to have the rights fulfilled, state particularly, if a dad, they mentioned in the event that a father should instruct their young man a great change, such.
