Thanks a lot, Janan
Also the Muwatta’ off Malik, Ibn Sa’id’s Mudawwana, and al-‘Utbi’s Mustakhraja, any alternative legal functions do you studies to suit your dissertation?
So towards earliest period, it is so when new Mudawwana, this new Muwatta’, while the Muwatta’. Into second several months– and just have, We avoid that have al-Nawadir wa-l-ziyadat out of Zayd ibn Abi Zayd al-Qayrawani– and that i believe it is additionally vital to mention, I did not talk about that it prior to, it may not feel useful to your website subscribers, that– to our audience– you to definitely al-Nawadir wa-l-ziyadat and also the Mudawwana try written by jurists regarding Qayrawan. And they’re maybe not regarding al-Andalus. That’s something different which i would be to discuss, that if you may be starting a track record of al-Andalus and also the fiqh, We favor functions that have been sometimes created by Andalusis or have been extremely important inside al-Andalus KansainvГ¤linen treffikatsaus. And therefore was your situation indeed into Mudawwana and also the Nawadir wa-l-ziyadat. Which will be as to why the historical past try porous. You simply can’t merely contain it with the that geographical space. In fact, the newest jurists moved, degree journeyed, and there is a highly strong partnership between Qayrawan and al-Andalus. Which is why the source away from messages that we include in my personal dissertation echo one porous nature regarding Andalusi Malikism into the many years. Therefore again, that’s towards 10th century, Nawadir wa-l-ziyadat, and then into the 11th and very early the main twelfth, Kitab al-muntaqa out of Abu-l-Walid al-Baji, Kitab al-kafi of Ibn ‘Abd al-Barr, al-Bayan wa-l-tahsil and you may al-Muqaddimat wa-l-mumahhidat away from Ibn-rushd al-Jadd plus one to fatawa range, al-Ahkam al-kubra off ‘Isa b. Sahl, that also thankfully, contains a few judge instances. [Dr. Delgado’s provide in addition to integrated Kitab al-nafaqat out of Ibn al-Rashiq and the Muhalla from Ibn Hazm.]
Sure, yeah, thank you so much
Thank you so much. Thus to access hadana, would you let us know, what is the organization away from hadana and you will preciselywhat are its basic laws that we should be aware of, as the outlined throughout the Mudawwana out of Sahnun, that were getting then followed?
Hadana is the defensive care and attention and you can quick fees over a ward. Inside the English, i are not convert hadana just like the custody. I take advantage of so it name in my work as well, but I should clarify first, your name hadana corresponds far more truthfully as to what we believe out of into the Western laws because the physical child custody, whereas judge custody is more comparable to a special facilities into the Islamic legislation titled wilaya. Pre-modern Muslim jurists were not very worried about the precise delivery off legal and you will physical duties out of moms and dads on its youngsters as the much time while the wedding survived. Parents have been actually given specific liberty to provide for its people and spread opportunities and you can requirements as they most useful watched match. However, in the eventuality of a divorce, otherwise loss of you to definitely or both dad and mom, jurists marketed the brand new liberties and you may duties of wards and caretakers very clearly and within one to shipping, actual child custody hadana, try mainly yet not exclusively assigned to moms and dads in addition to their women cognates, whereas courtroom guardianship try generally assigned to the daddy along with his agnates, mainly male however solely, together with feminine as well.
Thus that is wilaya and you may hadana and my personal dissertation doesn’t handle wilaya, that have legal custody, also it have only tangentially. As we say regarding hadana way more particularly, the brand new Mudawwana away from Sahnun kits really obviously and unambiguously maternal priority. In case of a divorce case, a baby stays beneath the actual care of mom; up until puberty when it comes to males and you may up to wedding during the happening of women, of course, if that is, that may grab for years and years. During the period of hadana, a dad, or subsequent protector, wali, is economically responsible for their people and then he need stay in touch with these people and oversee the activities. Jurists said clearly things such as youngsters’ studies and you may discipline. And wards get waste time using their dads outside of the maternal home, especially to have the rights found, say particularly, when the a father, it mentioned when the a dad has to show his young man an excellent trading, such as for instance.