Many thanks, Janan
As well as the Muwatta’ regarding Malik, Ibn Sa’id’s Mudawwana, and you may al-‘Utbi’s Mustakhraja, any alternative legal really works did you analysis for the dissertation?
So towards first period, it is then when the newest Mudawwana, the fresh Muwatta’, therefore the Muwatta’. To your 2nd months– and then have, I prevent having al-Nawadir wa-l-ziyadat regarding Zayd ibn Abi Zayd al-Qayrawani– and i believe it is in addition crucial to note, I didn’t mention so it ahead of, it might not be of good use to the members, that– to your listeners– one to al-Nawadir wa-l-ziyadat as well as the Mudawwana is actually compiled by jurists regarding Qayrawan. Plus they are not away from al-Andalus. And that is something else which i is speak about, when you might be creating a reputation al-Andalus therefore the fiqh, I favor really works that have been possibly developed by Andalusis otherwise have been highly important within the al-Andalus. Which was the fact indeed towards the Mudawwana while the Nawadir wa-l-ziyadat. Which can be as to the reasons the historical past was porous. You simply cannot only get it for the you to definitely geographical room. Actually, the newest jurists journeyed, training moved, and there is an extremely strong relationship ranging from Qayrawan and you may al-Andalus. And that’s why the cause away from texts that we include in my personal dissertation echo one to permeable nature out of Andalusi Malikism kazakhstan women inside the many years. Very once more, which is for the 10th century, Nawadir wa-l-ziyadat, and then on 11th and you will very early an element of the 12th, Kitab al-muntaqa out of Abu-l-Walid al-Baji, Kitab al-kafi from Ibn ‘Abd al-Barr, al-Bayan wa-l-tahsil and you will al-Muqaddimat wa-l-mumahhidat away from Ibn rushd al-Jadd including you to definitely fatawa range, al-Ahkam al-kubra out-of ‘Isa b. Sahl, that can thankfully, consists of a few judge circumstances. [Dr. Delgado’s offer together with provided Kitab al-nafaqat off Ibn al-Rashiq and also the Muhalla away from Ibn Hazm.]
Sure, yeah, thank you
Thanks. So to get into hadana, do you really write to us, what’s the business out-of hadana and you can just what are their basic statutes that individuals should be aware of, as the detail by detail throughout the Mudawwana away from Sahnun, that were being implemented?
Hadana refers to the defensive proper care and you can immediate costs more a great ward. For the English, i are not translate hadana as the child custody. I prefer that it term in my own work as well, but I should describe at the outset, that title hadana matches even more correctly as to what we feel out of in American laws just like the bodily child custody, while courtroom child custody is more comparable to another facilities from inside the Islamic rules entitled wilaya. Pre-modern Muslim jurists weren’t very worried about the particular shipments away from court and you will real duties from moms and dads to the its people because the enough time because matrimony survived. Moms and dads was in fact offered specific freedom to provide for its children and you will distributed spots and you will requirements because they most readily useful saw complement. However, in the eventuality of a separation, or loss of you to or both dad and mom, jurists distributed the legal rights and you can responsibilities away from wards and you will caretakers extremely certainly and inside one shipment, real infant custody hadana, was mainly although not solely assigned to parents in addition to their women cognates, while court guardianship are generally assigned to the daddy with his agnates, mainly male not solely, including women as well.
Thus that is wilaya and hadana and my personal dissertation will not handle wilaya, which have court guardianship, and it also has simply tangentially. So to speak about hadana a great deal more particularly, the latest Mudawwana out of Sahnun set most demonstrably and you may unambiguously maternal top priority. In case there is a divorce proceedings, a baby remains within the actual proper care of the caretaker; until adolescence when it comes to guys and you can up until relationship within the the fact of females, if in case that is, that can take an eternity. During the period of hadana, a dad, otherwise then protector, wali, are financially accountable for their children and he must remain in touching using them and oversee its affairs. Jurists said clearly things such as kids’ training and you will discipline. And wards could possibly get waste time with regards to fathers beyond your maternal family, specifically to have the legal rights found, say such, in the event the a father, it mentioned if the a father should show their child a good change, including.
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