Many thanks, Janan
Also the Muwatta’ from Malik, Ibn Sa’id’s Mudawwana, and you can al-‘Utbi’s Mustakhraja, any alternative courtroom works do you study for the dissertation?
Very on the earliest months, it is and whenever brand new Mudawwana, brand new Muwatta’, as well as the Muwatta’. Into next months– and also, I stop that have al-Nawadir wa-l-ziyadat from Zayd ibn Abi Zayd al-Qayrawani– and that i dateres i kinesisk kultur imagine you will want to note, I didn’t explore which prior to, may possibly not become of use to the clients, that– to the listeners– that al-Nawadir wa-l-ziyadat additionally the Mudawwana try authored by jurists regarding Qayrawan. Plus they are maybe not away from al-Andalus. Which is something else entirely that i should explore, that when you are starting a track record of al-Andalus as well as the fiqh, I choose works that have been possibly created by Andalusis or had been highly important inside the al-Andalus. Which is actually your situation yes into the Mudawwana and also the Nawadir wa-l-ziyadat. That is as to the reasons a brief history is actually porous. You simply can’t just contain it for the you to geographic place. Indeed, this new jurists journeyed, degree traveled, there was a highly strong partnership between Qayrawan and you may al-Andalus. Which is the reason why the cause out-of texts that we use in my personal dissertation echo one to porous characteristics out of Andalusi Malikism from inside the centuries. So once more, that’s with the 10th century, Nawadir wa-l-ziyadat, and then towards the 11th and you can early part of the 12th, 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 will al-Muqaddimat wa-l-mumahhidat away from Ibn rushd al-Jadd and one to fatawa collection, al-Ahkam al-kubra of ‘Isa b. Sahl, that can luckily for us, include a few judge cases. [Dr. Delgado’s provide and additionally incorporated Kitab al-nafaqat away from Ibn al-Rashiq additionally the Muhalla of Ibn Hazm.]
Sure, yeah, many thanks
Many thanks. So to access hadana, could you tell us, what is the place off hadana and just what are their very first regulations that individuals should be aware of, while the detailed from the Mudawwana off Sahnun, that were becoming implemented?
Hadana is the defensive care and you will quick fees more a beneficial ward. Inside English, i aren’t change hadana just like the custody. I use which name in my be as effective as, but I will explain first, that the name hadana matches alot more accurately as to the we feel out-of for the American law as the real child custody, while courtroom infant custody is far more comparable to an alternative institution in Islamic rules entitled wilaya. Pre-modern Muslim jurists just weren’t excessively concerned about the particular shipment off courtroom and actual duties from parents to your their children once the much time because the relationships endured. Parents was actually given specific versatility to look after the children and you will spreading jobs and you can obligations as they most useful noticed fit. not, in the event of a divorce case, or death of one to otherwise both parents, jurists marketed the brand new rights and you will obligations of wards and caretakers most clearly and you may in this that shipment, actual custody hadana, try largely although not entirely allotted to mothers and their feminine cognates, while judge guardianship is actually mostly assigned to the father and his agnates, generally men although not only, also women too.
So which is wilaya and you may hadana and you will my personal dissertation will not deal with wilaya, which have judge custody, and it also provides only tangentially. As they say on the hadana significantly more particularly, the fresh Mudawwana off Sahnun establishes most clearly and you will unambiguously maternal priority. In the eventuality of a split up, an infant stays beneath the bodily care of mom; until puberty in the case of men and you can up to matrimony when you look at the the truth of women, and if which is, that simply take an eternity. Over the course of hadana, a father, otherwise further guardian, wali, is actually financially responsible for their people and then he need stay static in touch with these people and oversee its issues. Jurists stated clearly things such as youngsters’ degree and punishment. And wards can get spend your time making use of their fathers away from maternal house, especially to get the rights found, state such as for example, in the event the a dad, it said in the event that a father has to train their young buck a trade, eg.