Thank-you, Janan
Along with the Muwatta’ out-of Malik, Ibn Sa’id’s Mudawwana, and you can al-‘Utbi’s Mustakhraja, any alternative legal really works do you studies for the dissertation?
So to your basic months, it’s when the new Mudawwana, new Muwatta’, in addition to Muwatta’. Into 2nd months– and also have, We avoid with al-Nawadir wa-l-ziyadat from Zayd ibn Abi Zayd al-Qayrawani– and i think you’ll want to notice, I didn’t explore this ahead of, it might not getting helpful to your customers, that– to the audience– you to definitely al-Nawadir wa-l-ziyadat while the Mudawwana was authored by jurists out-of Qayrawan. And perhaps they are not regarding al-Andalus. That will be something else entirely that we should explore, if you might be starting a history of al-Andalus while the fiqh, We favor performs which were often developed by Andalusis or had been extremely influential when you look at the al-Andalus. And therefore is the fact yes towards the Mudawwana and the Nawadir wa-l-ziyadat. That’s as to why the real history are porous. You simply cannot merely have it into one geographic place. In fact, brand new jurists moved, studies traveled, so there are an incredibly strong union between Qayrawan and you will al-Andalus. Which is the reason why the reason out of messages which i use in my dissertation echo that permeable characteristics regarding Andalusi Malikism into the centuries. Therefore once more, that is towards 10th century, Nawadir wa-l-ziyadat, immediately after which into the 11th and you can early part of the twelfth, Kitab al-muntaqa regarding 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 away from Ibn rushd al-Jadd in addition to one fatawa range, al-Ahkam al-kubra away from ‘Isa b. Sahl, which also luckily, include a number of legal circumstances. [Dr. Delgado’s provide in addition to included Kitab al-nafaqat regarding Ibn al-Rashiq and the Muhalla out-of Ibn Hazm.]
Yes, yeah, many thanks
Many thanks. Thus to gain access to hadana, would you inform us, what’s the facilities off hadana and you can preciselywhat are their very first statutes we should be aware of, given that detailed on the Mudawwana out of Sahnun, that were are implemented?
Hadana refers to the protective proper care and you will immediate fees over a ward. Within the English, i aren’t convert hadana while the custody. I take advantage of it term in my work as well, however, I should describe first, the title hadana corresponds far more precisely as to what we think out-of when you look at the Western law just like the actual custody, whereas court infant custody is far more similar to an alternate institution from inside the Islamic legislation entitled wilaya. Pre-modern Muslim jurists weren’t very concerned with the precise shipments off courtroom and you can real commitments from parents towards the the youngsters because the enough time as marriage survived. Moms and dads had been in reality considering some independence to provide for their youngsters and you may spreading opportunities and you may commitments as they most useful saw complement. But not, if there is a separation, otherwise loss of you to or both dad and mom, jurists distributed brand new legal rights and you may duties from wards and you will caretakers extremely obviously and you can contained in this that delivery, bodily child custody hadana, was largely although not exclusively allotted to moms and dads in addition to their feminine cognates, whereas court guardianship are mainly assigned to the daddy with his agnates, generally men not entirely, plus women too.
Thus that’s wilaya and you will hadana and you can my dissertation does not deal with wilaya, that have legal guardianship, and it also has actually merely tangentially. So to speak from the hadana even more particularly, the fresh new Mudawwana https://lovingwomen.org/fi/blog/treffikulttuuri-brasiliassa/ from Sahnun kits extremely clearly and you may unambiguously maternal priority. In the event of a separation and divorce, an infant stays under the physical proper care of mom; up until puberty regarding men and you will up until wedding in the case of women, assuming which is, that will capture a very long time. Over the course of hadana, a father, or subsequent guardian, wali, try financially accountable for his children and then he need certainly to stay-in touching together with them and manage the points. Jurists mentioned clearly things such as children’s education and you can discipline. And you may wards get spend your time along with their dads beyond your maternal domestic, especially to get the legal rights came across, state such as for example, if the a father, it said if a father must train his young man a great trading, such.
