Thank you, Janan
Along with the Muwatta’ from Malik, Ibn Sa’id’s Mudawwana, and you will al-‘Utbi’s Mustakhraja, any alternative judge performs did you studies for the dissertation?
So for the first several months, it is so when new Mudawwana, brand new Muwatta’, as well as the Muwatta’. Into the second several months– and have now, I prevent having al-Nawadir wa-l-ziyadat of Zayd ibn Abi Zayd al-Qayrawani– and i believe you will want to note, I didn’t talk about which before, it may not be beneficial to the members, that– to your listeners– that al-Nawadir wa-l-ziyadat as well as the Mudawwana is actually authored by jurists out of Qayrawan. And perhaps they are maybe not away from al-Andalus. In fact it is something different that i is to speak about, that in case you may be doing a track record of al-Andalus and also the fiqh, I like really works that were possibly developed by Andalusis otherwise was basically highly important within the al-Andalus. Which try the situation indeed for the Mudawwana while the Nawadir wa-l-ziyadat. And is as to the reasons the annals was permeable. You can not only own it toward one to geographic room. Indeed, the fresh jurists moved, training traveled, and there is actually a very strong commitment ranging from Qayrawan and al-Andalus. And that’s why the main cause out of texts that i use in my dissertation echo you to definitely porous character from Andalusi Malikism inside ages. Therefore again, which is with the tenth century, Nawadir wa-l-ziyadat, and then towards the 11th and you will very early the main twelfth, 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 you can al-Muqaddimat wa-l-mumahhidat away from Ibn-rushd al-Jadd as well as one fatawa collection, al-Ahkam al-kubra out-of ‘Isa b. Sahl, that can thank goodness, contains a number of courtroom instances. [Dr. Delgado’s provide including integrated Kitab al-nafaqat away from Ibn al-Rashiq and the Muhalla off Ibn Hazm.]
Sure, yeah, thank you
Thanks a lot. Therefore to gain access to hadana, are you willing to tell us, what’s the establishment out of hadana and you can preciselywhat are the very first regulations that we should be aware of, because detailed throughout the Mudawwana from Sahnun, which were getting observed?
Hadana is the defensive care and you may quick fees more than a great ward. Inside the English, we are not translate hadana because child custody. I take advantage of that it term during my be as effective as, however, I will clarify first, your identity hadana matches way more correctly as to the we believe of during the Western law as real infant custody, while legal infant custody is far more comparable to a unique organization within the Islamic law named wilaya. Pre-progressive Muslim jurists just weren’t overly worried about the precise distribution out of legal and Latinas women want american men you can actual commitments out-of mothers with the the youngsters once the much time given that relationship live. Parents was basically actually offered specific freedom to take care of the youngsters and you will distribute jobs and you can requirements while they better spotted fit. not, in the event of a split up, otherwise death of one to otherwise both dad and mom, jurists distributed the liberties and you may obligations away from wards and you will caretakers really certainly and you will inside one shipping, bodily child custody hadana, is largely although not entirely assigned to mothers and their female cognates, while court guardianship was primarily assigned to the daddy and his agnates, generally men however exclusively, also women too.
So that is wilaya and you can hadana and you may my personal dissertation doesn’t manage wilaya, that have courtroom custody, and it has simply tangentially. So to speak about hadana a lot more specifically, the newest Mudawwana off Sahnun sets extremely certainly and you may unambiguously maternal consideration. In the event of a split up, a baby remains according to the actual proper care of mom; up until puberty in the case of males and you will until marriage into the the situation of females, and in case that is, that will take a lifetime. Over the course of hadana, a father, otherwise subsequent protector, wali, is actually economically accountable for their youngsters and he must stay static in touching together with them and you will supervise the products. Jurists said clearly things like children’s studies and you can punishment. And wards may spend your time with the fathers beyond your maternal household, specifically to get the liberties fulfilled, say such, if the a dad, it stated if the a dad must train his young buck good trading, instance.