Thank-you, Janan
In addition to the Muwatta’ away from Malik, Ibn Sa’id’s Mudawwana, and you can al-‘Utbi’s Mustakhraja, any alternative courtroom really works do you analysis for your dissertation?
Thus towards very first months, it’s so when the latest Mudawwana, the newest Muwatta’, and Muwatta’. Toward next period– and have, I prevent that have al-Nawadir wa-l-ziyadat of Zayd ibn Abi Zayd al-Qayrawani– and that i consider it is in addition crucial to notice, I didn’t speak about that it ahead of, it may not be of use to your clients, that– to your listeners– that al-Nawadir wa-l-ziyadat and the Mudawwana try authored by jurists off Qayrawan. And they’re perhaps not regarding al-Andalus. Which can be something else that i is talk about, that if you will be doing a track record of al-Andalus as well as the fiqh, We like work that have been sometimes produced by Andalusis otherwise was extremely important in the al-Andalus. And therefore try happening yes into Mudawwana together with Nawadir wa-l-ziyadat. That will be why the history try permeable. You cannot only contain it to your one to geographical place. Indeed, the latest jurists moved, knowledge journeyed, there is actually an extremely strong connection between Qayrawan and al-Andalus. And that’s why the cause off messages that i use in my dissertation mirror you to definitely porous characteristics of Andalusi Malikism when you look at the many years. Thus again, that is towards 10th century, Nawadir wa-l-ziyadat, and on the 11th and you will very early the main twelfth, Kitab al-muntaqa from Abu-l-Walid al-Baji, Kitab al-kafi out of Ibn ‘Abd al-Barr, al-Bayan wa-l-tahsil and you will al-Muqaddimat wa-l-mumahhidat off Ibn-rushd al-Jadd as well as one to fatawa range, al-Ahkam al-kubra away from ‘Isa b. Sahl, that also thank goodness, contains several legal cases. [Dr. Delgado’s supply including provided Kitab al-nafaqat away from Ibn al-Rashiq additionally the Muhalla of Ibn Hazm.]
Sure, yeah, thank-you
Thanks a lot. So to access hadana, could you let us know, what is the business out-of hadana and you can exactly what are their very first rules we should be aware of, since the detailed in the Mudawwana of Sahnun, which were becoming followed?
Hadana is the defensive proper care and you may instantaneous charges more than a ward. During the English, we aren’t translate hadana given that infant custody. I take advantage of which label in my own be as effective as, however, I will describe first, the name hadana corresponds way more precisely as to the we feel out-of when you look at the American rules as the real infant custody, whereas judge child custody is more comparable to yet another facilities from inside the Islamic legislation titled wilaya. Pre-modern Muslim jurists were not excessively concerned with the particular shipments out-of courtroom and you can actual commitments of parents towards the its students once the long due to the fact relationship survived. Moms and dads was in fact in reality given certain liberty to look after the youngsters and you may distribute opportunities and obligations while they most useful spotted match. not, in the eventuality of a split up, otherwise death of one to otherwise both parents, jurists distributed the new legal rights and you can commitments from wards and caretakers very demonstrably and within one distribution, bodily infant custody hadana, try largely not only allotted to moms and dads as well as their feminine cognates, whereas court custody are mainly allotted to the daddy and his awesome agnates, primarily male however entirely, as well as female as well.
Therefore that is wilaya and hadana and my dissertation does not handle wilaya, which have legal guardianship, and it also keeps only tangentially. So to speak throughout the hadana much more specifically, the newest Mudawwana off Sahnun sets https://lovingwomen.org/fi/kuumat-ja-seksikkaat-venalaiset-naiset/ very demonstrably and you may unambiguously maternal consideration. In case of a split up, an infant stays beneath the real proper care of the caretaker; up until adolescence when it comes to males and you can up to relationships during the the situation of females, assuming which is, that may bring for years and years. Over the course of hadana, a father, or after that guardian, wali, is actually financially accountable for their children in which he need certainly to stay-in contact with them and oversee the circumstances. Jurists stated clearly things such as youngsters’ studies and you may abuse. And you can wards can get waste time using their dads away from maternal house, specifically to get the legal rights fulfilled, say such as for instance, when the a dad, it said when the a dad should illustrate their child a beneficial trade, for example.