Thank you so much, Janan
And the Muwatta’ of Malik, Ibn Sa’id’s Mudawwana, and you may al-‘Utbi’s Mustakhraja, any alternative judge really works did you data for the dissertation?
Thus to your first several months, it’s then when the brand new Mudawwana, this new Muwatta’, and also the Muwatta’. Into the 2nd months– and now have, We stop which have al-Nawadir wa-l-ziyadat regarding Zayd ibn Abi Zayd al-Qayrawani– and i imagine it is in addition crucial to note, I didn’t discuss it just before, it may not feel beneficial to the members, that– to the listeners– you to al-Nawadir wa-l-ziyadat additionally the Mudawwana is actually compiled by jurists off Qayrawan. Plus they are maybe not of al-Andalus. That’s something different which i is always to talk about, if you may be creating a history of al-Andalus and also the fiqh, We favor performs that were possibly produced by Andalusis or was basically highly influential for the al-Andalus. And this is actually happening yes into the Mudawwana as well as the Nawadir wa-l-ziyadat. That’s why the historical past are permeable. You can not only have it into that geographical room. In reality, the newest jurists traveled, studies traveled, and there try an extremely strong connection between Qayrawan and you will al-Andalus. Which is the reason why the cause off texts which i include in my dissertation reflect one porous character from Andalusi Malikism in the years. So once again, which is towards the tenth century, Nawadir wa-l-ziyadat, right after which to the 11th and you will early a portion of the twelfth, Kitab al-muntaqa off 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 of Ibn-rushd al-Jadd along with you to fatawa range, al-Ahkam al-kubra out of ‘Isa b. Sahl, which also the good news is, include a few court cases. [Dr. Delgado’s present including incorporated Kitab al-nafaqat of Ibn al-Rashiq in addition to Muhalla out of Ibn Hazm.]
Sure, yeah, thank you so much
Thank you. So to view hadana, are you willing to inform us, what’s the organization of hadana and just what are the very first laws and regulations that people should become aware of, given that detailed from the Mudawwana from Sahnun, that were are used?
Hadana is the protective proper care and you can instant costs more good ward. In the English, i commonly translate hadana since child custody. I use it label during my be as effective as, however, I will explain at the outset, your term hadana corresponds so much more correctly from what we feel regarding into the American rules as real child custody, while courtroom child custody is much more akin to a separate business during the Islamic laws named wilaya. Pre-progressive Muslim jurists just weren’t extremely concerned with the precise distribution off judge and you may https://lovingwomen.org/fi/dominikaaniset-naiset/ actual duties regarding parents to your its students due to the fact enough time as the matrimony endured. Moms and dads were in fact considering some independence to provide for their college students and you may dispersed spots and you can requirements while they most readily useful watched complement. Although not, in the event of a separation, or death of one to otherwise both parents, jurists delivered the newest rights and you can obligations away from wards and caretakers very demonstrably and you will inside you to shipments, physical child custody hadana, is largely but not entirely assigned to mothers as well as their feminine cognates, whereas court custody are generally assigned to the daddy and his agnates, mostly male however entirely, along with female too.
Very that’s wilaya and you may hadana and you can my personal dissertation doesn’t handle wilaya, which have legal custody, and it possess only tangentially. So to speak on the hadana more particularly, the newest Mudawwana out-of Sahnun sets very certainly and you may unambiguously maternal consideration. If there is a separation and divorce, an infant stays according to the bodily proper care of the caretaker; until adolescence when it comes to men and up to relationships from inside the the actual situation of females, whenever that is, which can get forever. Throughout hadana, a father, otherwise next guardian, wali, is actually financially accountable for their pupils in which he need to stay static in reach with them and you may supervise the items. Jurists mentioned clearly such things as youngsters’ training and you can punishment. And you can wards will get spend your time using their fathers outside the maternal house, particularly to obtain the legal rights found, say for example, when the a father, it mentioned if the a dad must show their son a good trading, instance.