Many thanks, Janan
In addition to the Muwatta’ of Malik, Ibn Sa’id’s Mudawwana, and you may al-‘Utbi’s Mustakhraja, what other courtroom functions did you study for the dissertation?
So toward first several months, it’s when the Mudawwana, the fresh new Muwatta’, and Muwatta’. On next months– and just have, I end which have al-Nawadir wa-l-ziyadat away from Zayd ibn Abi Zayd al-Qayrawani– and i also consider it is additionally vital to mention, I didn’t discuss that it in advance of, may possibly not end up being helpful to the readers, that– to our listeners– one to al-Nawadir wa-l-ziyadat and also the Mudawwana is compiled by jurists of Qayrawan. Plus they are maybe not from al-Andalus. In fact it is another thing that i should mention, that if you will be performing a history of al-Andalus and fiqh, We favor functions which were sometimes developed by Andalusis or had been extremely influential inside al-Andalus. And this was your situation indeed with the Mudawwana additionally the Nawadir wa-l-ziyadat. Which will be as to why the annals was porous. You cannot merely have it on the you to definitely geographical area. In reality, the brand new jurists traveled, studies traveled, so there try an incredibly deep partnership ranging from Qayrawan and you can al-Andalus. And that’s why the source of messages which i use in my personal dissertation reflect you to definitely porous characteristics out-of Andalusi Malikism inside many years. Very once more, that’s to your 10th century, Nawadir wa-l-ziyadat, right after which into 11th and you may very early part of the twelfth, Kitab al-muntaqa of 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 out of Ibn-rushd al-Jadd plus you to definitely fatawa range, al-Ahkam al-kubra out-of ‘Isa b. Sahl, that can thankfully, consists of a number of legal cases. [Dr. Delgado’s supplies together with included Kitab al-nafaqat off Ibn al-Rashiq as well as the Muhalla away from Ibn Hazm.]
Sure, yeah, many thanks
Thanks. Thus to get into hadana, is it possible you write to us, what’s the organization regarding hadana and you will what exactly are the earliest rules we should be aware of, since intricate regarding Mudawwana away from Sahnun, which were being implemented?
Hadana refers to the protective worry and instantaneous fees more than a beneficial ward. When you look at the English, we commonly convert hadana since child custody. I use which term in my own be as effective as, but I should explain first, that the title hadana matches even more correctly about what we feel out of within the Western laws due to the fact physical custody, whereas courtroom child custody is much more akin to another type of establishment into the Islamic legislation called wilaya. Pre-modern Muslim jurists were not overly concerned about the particular shipments off court and you can physical obligations out-of moms and dads into the students since the a lot of time given that marriage lasted. Mothers was indeed actually given particular independence to look after the children and you may spreading jobs and you will requirements as they most useful noticed fit. Although not, in case there are a divorce case kuuma Venäjä tyttö, or death of you to definitely or both parents, jurists marketed the latest rights and you can commitments out-of wards and you will caretakers most obviously and you will inside you to delivery, bodily custody hadana, is actually largely although not only assigned to parents and their feminine cognates, whereas legal custody is actually primarily allotted to the father along with his agnates, generally male although not only, plus feminine also.
Therefore that is wilaya and you will hadana and you will my dissertation cannot handle wilaya, which have courtroom guardianship, plus it features just tangentially. As we say on hadana alot more especially, the latest Mudawwana out of Sahnun sets very obviously and you may unambiguously maternal consideration. In case of a divorce, an infant remains according to the actual proper care of the caretaker; until puberty in the case of males and you can up to relationships in the situation of females, of course that is, that can get a lifetime. Over the course of hadana, a dad, or then guardian, wali, try economically responsible for his youngsters and then he must remain in touching together and you will manage its facts. Jurists stated explicitly such things as youngsters’ degree and you can discipline. And you will wards may spend time making use of their fathers beyond your maternal home, specifically to get the legal rights came across, say particularly, in the event the a dad, it mentioned if the a father needs to train his child a good exchange, including.