Thank you, Janan
And the Muwatta’ off Malik, Ibn Sa’id’s Mudawwana, and you will al-‘Utbi’s Mustakhraja, any alternative court performs did you research for your dissertation?
Very for the first period, it is when the fresh Mudawwana, the Muwatta’, plus the Muwatta’. For the 2nd months– and have, I prevent which have al-Nawadir wa-l-ziyadat of Zayd ibn Abi Zayd al-Qayrawani– and i also imagine it is additionally vital to note, I didn’t explore so it just before, it might not getting beneficial to the website subscribers, that– to our listeners– you to al-Nawadir wa-l-ziyadat additionally the Mudawwana try authored by jurists out-of Qayrawan. And they’re maybe not out-of al-Andalus. That is something else that i should talk about, that if you’re undertaking a history of al-Andalus therefore the fiqh, We favor performs that were often produced by Andalusis or was basically highly influential into the al-Andalus. Hence try the way it is certainly on the Mudawwana in addition to Nawadir wa-l-ziyadat. Which can be why the annals try porous. You can’t simply own it for the you to definitely geographic area. Actually, the newest jurists traveled, studies moved, and there try an extremely deep commitment between Qayrawan and you may al-Andalus. And that’s why the reason off texts which i use in my dissertation mirror that porous characteristics out of Andalusi Malikism in ages. Thus once again, that’s into the tenth century, Nawadir wa-l-ziyadat, following towards the 11th and you will very early a portion of the 12th, Kitab al-muntaqa out of Abu-l-Walid al-Baji, Kitab al-kafi off Ibn ‘Abd al-Barr, al-Bayan wa-l-tahsil and you can al-Muqaddimat wa-l-mumahhidat away from Ibn rushd al-Jadd and additionally one to fatawa range, al-Ahkam al-kubra away from ‘Isa b. Sahl, that also the good news is, consists of a number of courtroom cases. [Dr. Delgado’s supply in addition to incorporated Kitab al-nafaqat out of Ibn al-Rashiq plus the Muhalla from Ibn Hazm.]
Yes, yeah, thank you so much
Many thanks. Thus to gain access to hadana, do you really let us know, what’s the place out of hadana and you may just what are their first statutes that we should know, because outlined regarding Mudawwana out of Sahnun, that were are followed?
Hadana is the protective care and attention and you can immediate charges more a ward. For the English, i commonly change hadana as custody. I use that it term in my own be as effective as, however, I will describe first, the identity hadana corresponds significantly more accurately as to what we think out of when you look at the American legislation as the actual infant custody, whereas courtroom child custody is more akin to another establishment inside Islamic laws called wilaya. Pre-modern Muslim jurists were not excessively concerned about the specific shipment off court and physical responsibilities away from moms and dads into their youngsters given that enough time once the marriage live. Moms and dads was actually given specific liberty to take care of the youngsters and you may distributed opportunities and duties while they greatest watched complement. Although not, in the event of a separation and divorce, or loss of you to otherwise both dad and mom, jurists marketed this new rights and you will duties away from wards and caretakers most clearly and contained in this you to distribution, physical custody hadana, is actually largely although not only allotted to mothers as well as their women cognates, while courtroom custody are generally assigned to the father along with his agnates, primarily male however solely, along with women also.
Thus that is wilaya and hadana and my dissertation cannot manage wilaya, which have courtroom custody, and it also has just tangentially. So to speak regarding the hadana much more specifically, this new Mudawwana regarding Sahnun kits very clearly and you may unambiguously maternal priority. If there is a divorce, a baby remains within the real proper care of mom; up to puberty regarding males and until matrimony in the the situation of females, of course hvite menn er Meksikansk kvinner, if that is, that can take an eternity. During the period of hadana, a father, or then protector, wali, try financially responsible for his youngsters in which he need certainly to remain in contact together with them and you may supervise their points. Jurists stated explicitly things such as youngsters’ training and you will punishment. And you may wards could possibly get waste time employing fathers outside of the maternal house, particularly to obtain the legal rights fulfilled, say for example, if a dad, it said if the a father has to illustrate his young man a good change, eg.