Thank you, Janan
Plus the Muwatta’ away from Malik, Ibn Sa’id’s Mudawwana, and you may al-‘Utbi’s Mustakhraja, what other judge functions do you analysis for the dissertation?
Therefore to the earliest several months, it’s so when the Mudawwana, this new Muwatta’, in addition to Muwatta’. To the next months– and now have, We prevent which have al-Nawadir wa-l-ziyadat from Zayd ibn Abi Zayd al-Qayrawani– and i also believe it is in addition crucial to note, I did not speak about which prior to, may possibly not end up being beneficial to your readers, that– to the listeners– you to al-Nawadir wa-l-ziyadat plus the Mudawwana is published by jurists away from Qayrawan. Plus they are maybe not away from al-Andalus. And that’s something else entirely which i is discuss, whenever you are creating a history of al-Andalus while the fiqh, I choose work that have been both created by Andalusis otherwise was indeed extremely influential from inside the al-Andalus. Which are the case indeed towards Mudawwana and the Nawadir wa-l-ziyadat. Which will be why a brief history is porous. You cannot only have it to your that geographical area. In fact, the jurists journeyed, studies journeyed, and there was an incredibly deep commitment ranging from Qayrawan and you can al-Andalus. And that’s why the main cause off messages which i include in my dissertation echo one permeable nature away from Andalusi Malikism inside the many years. Therefore once again, that is toward 10th century, Nawadir wa-l-ziyadat, after which on 11th and you may early the main twelfth, Kitab al-muntaqa of Abu-l-Walid al-Baji, Kitab al-kafi away from Ibn ‘Abd al-Barr, al-Bayan wa-l-tahsil and you may al-Muqaddimat wa-l-mumahhidat of Ibn-rushd al-Jadd also you to fatawa range, al-Ahkam al-kubra from ‘Isa b. Sahl, that can thankfully, contains a number of legal times. [Dr. Delgado’s present along with provided Kitab al-nafaqat from Ibn al-Rashiq while the Muhalla out of Ibn Hazm.]
Sure, yeah, thank-you
Thank-you. Therefore to get into hadana, could you inform us, what is the institution out-of hadana and you can exactly what are its basic rules that people should become aware of, while the detail by detail in the Mudawwana regarding Sahnun, that were are followed?
Hadana refers to the defensive care and attention and immediate charges more a great ward. In English, i commonly convert hadana just like the child custody. I use so it label in my be as effective as, but I should describe at the outset, that the label hadana corresponds even more precisely as to the we believe from for the Western laws since the bodily custody, while judge infant custody is far more comparable to a separate facilities from inside the Islamic legislation entitled wilaya. Pre-modern Muslim jurists weren’t excessively concerned with the precise delivery out of legal and you can real duties of moms and dads on the their youngsters because much time because matrimony survived. Mothers have been in fact considering particular independence to take care of its college students and you can spread spots and you may responsibilities as they most useful watched fit. Although not, if there is a divorce, or loss of one to or both parents, jurists marketed the latest liberties and you will duties away from wards and caretakers extremely demonstrably and you may within this that shipping, real custody hadana, try mainly however exclusively assigned to mothers in addition to their female Turkki-naiset, jotka etsivГ¤t avioliittoa cognates, whereas legal guardianship is primarily assigned to the daddy and his agnates, mostly men but not exclusively, along with female as well.
Therefore which is wilaya and you will hadana and you can my personal dissertation will not manage wilaya, with court guardianship, also it have merely tangentially. As they say on hadana so much more specifically, the Mudawwana away from Sahnun set extremely clearly and you will unambiguously maternal concern. In the eventuality of a separation and divorce, an infant remains underneath the physical care of the mother; up until adolescence regarding males and until relationships in the scenario of women, incase that is, that grab an eternity. Over the course of hadana, a father, otherwise further protector, wali, was economically guilty of their pupils in which he must remain in reach with these people and you will manage their factors. Jurists said explicitly things like youngsters’ education and you may discipline. And you may wards may spend your time the help of its dads beyond your maternal domestic, especially to get the liberties satisfied, say such, if the a father, they stated if a father needs to train their young man an effective trade, such.
