Thank you, Janan
And the Muwatta’ away from Malik, Ibn Sa’id’s Mudawwana, and al-‘Utbi’s Mustakhraja, what other court works do you study for the dissertation?
Very toward basic months, it’s and whenever the new Mudawwana, the newest Muwatta’, and Muwatta’. On 2nd several months– and just have, We avoid which have al-Nawadir wa-l-ziyadat out of Zayd ibn Abi Zayd al-Qayrawani– and i also imagine it is in addition crucial to note, I did not talk about it just before, may possibly not become of good use to the website subscribers, that– to your audience– that al-Nawadir wa-l-ziyadat plus the Mudawwana is published by jurists off Qayrawan. Plus they are maybe not regarding al-Andalus. And is something different that i is mention, that in case you’re creating a track record of al-Andalus while the fiqh, We like work which were both created by Andalusis otherwise have been extremely influential inside the al-Andalus. And that are the fact yes towards the Mudawwana plus the Nawadir wa-l-ziyadat. And that’s why the annals are porous. You simply cannot simply contain it into that geographic space. In reality, this new jurists moved, degree traveled, and there try a very deep commitment ranging from Qayrawan and al-Andalus. Which is why the reason of messages which i use in my dissertation mirror one porous characteristics away from Andalusi Malikism inside centuries. Thus once again, which is to your tenth century, Nawadir wa-l-ziyadat, and toward 11th and very early a portion of the twelfth, Kitab al-muntaqa of Abu-l-Walid al-Baji, Kitab al-kafi of Ibn ‘Abd al-Barr, al-Bayan wa-l-tahsil and you will al-Muqaddimat wa-l-mumahhidat of Ibn-rushd al-Jadd as well as one fatawa range, al-Ahkam al-kubra out of ‘Isa b. Sahl, that can the good news is, contains several court circumstances. [Dr. Delgado’s supplies as well as included Kitab al-nafaqat of Ibn al-Rashiq together with Muhalla of Ibn Hazm.]
Yes, yeah, thanks
Thanks. So to get into hadana, are you willing to let us know, what is the establishment away from hadana and just what are its earliest laws and regulations that individuals should know, once the in depth about Mudawwana off Sahnun, that were becoming adopted?
Hadana refers to the protective worry and immediate charges more a good ward. From inside the English, we are not convert hadana as the custody. I use that it label during my be as effective as, however, I will clarify first, the identity hadana corresponds way more accurately as to the we think out-of in the American law just like the Hvorfor ikke finne ut mer physical custody, whereas judge custody is much more comparable to yet another institution for the Islamic laws entitled wilaya. Pre-progressive Muslim jurists just weren’t excessively worried about the specific distribution out-of courtroom and you may actual obligations from mothers for the the youngsters just like the much time because the matrimony endured. Moms and dads had been actually provided some independence to take care of its people and distribute roles and you will requirements as they most readily useful watched fit. However, if there is a divorce case, or death of one or both dad and mom, jurists distributed the liberties and you can obligations of wards and you will caretakers extremely clearly and contained in this you to distribution, physical child custody hadana, is actually largely not entirely assigned to moms and dads in addition to their feminine cognates, while court custody try primarily assigned to the father with his agnates, generally male not solely, also female also.
Very that’s wilaya and you will hadana and you may my dissertation doesn’t handle wilaya, which have court guardianship, and it also features just tangentially. As we say from the hadana alot more particularly, this new Mudawwana away from Sahnun set most certainly and unambiguously maternal priority. In case there is a splitting up, a baby stays according to the actual proper care of the mother; up until adolescence regarding males and until wedding in the the scenario of females, and in case which is, which can simply take an eternity. Over the course of hadana, a dad, or subsequent protector, wali, try financially accountable for their college students and then he need to stay in touching together with them and you may supervise the facts. Jurists said clearly things like kids’ studies and punishment. And you can wards can get waste time with regards to fathers away from maternal home, especially to have the liberties fulfilled, say for example, if a father, they stated in the event that a father must train their child a great trading, such.
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