Thank you so much, Janan
Plus the Muwatta’ from Malik, Ibn Sa’id’s Mudawwana, and al-‘Utbi’s Mustakhraja, any alternative court performs do you investigation for your dissertation?
Therefore on the basic several months, it’s and whenever the newest Mudawwana, the fresh new Muwatta’, additionally the Muwatta’. Into 2nd several months– while having, I stop that have al-Nawadir wa-l-ziyadat away from Zayd ibn Abi Zayd al-Qayrawani– and i imagine you need to note, I did not mention that it in advance of, it may not end up being helpful to our clients, that– to the audience– that al-Nawadir wa-l-ziyadat while the Mudawwana is published by jurists off Qayrawan. Plus they are maybe not out-of al-Andalus. That’s something else entirely which i is always to explore, that if you may be performing a reputation al-Andalus and also the fiqh, We like work that were either created by Andalusis otherwise was indeed extremely influential for the al-Andalus. Hence is the situation yes into Mudawwana additionally lovingwomen.org kГ¤y heidГ¤n verkkosivuillaan the Nawadir wa-l-ziyadat. Which is as to the reasons a brief history try porous. You can’t merely own it into the that geographic room. In reality, the fresh new jurists traveled, knowledge traveled, so there is an extremely strong partnership ranging from Qayrawan and you can al-Andalus. Which explains why the main cause regarding texts that i use in my dissertation reflect you to porous characteristics from Andalusi Malikism for the many years. Very again, which is on the tenth century, Nawadir wa-l-ziyadat, after which to your 11th and very early an element of the twelfth, Kitab al-muntaqa away from 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 out of Ibn rushd al-Jadd and additionally one fatawa collection, al-Ahkam al-kubra from ‘Isa b. Sahl, which also thankfully, consists of a few court cases. [Dr. Delgado’s sources also integrated Kitab al-nafaqat of Ibn al-Rashiq therefore the Muhalla out-of Ibn Hazm.]
Sure, yeah, many thanks
Thank you. So to view hadana, might you inform us, what is the facilities out-of hadana and what are its very first guidelines that individuals should be aware of, as the outlined in the Mudawwana out-of Sahnun, which were being adopted?
Hadana refers to the protective care and you can instantaneous costs more a great ward. In the English, i aren’t convert hadana since the infant custody. I personally use it title inside my work as well, but I ought to clarify first, your title hadana corresponds a whole lot more truthfully about what we feel out of for the Western laws as physical custody, while court custody is more comparable to yet another business from inside the Islamic legislation called wilaya. Pre-progressive Muslim jurists just weren’t excessively concerned about the specific delivery from judge and real commitments from parents into the college students as enough time just like the marriage live. Parents were indeed given specific liberty to provide for the children and you will spread jobs and commitments as they top saw complement. Yet not, in the event of a split up, otherwise death of you to definitely or both parents, jurists delivered the brand new legal rights and you will obligations out of wards and you can caretakers most obviously and you will within you to distribution, actual custody hadana, was largely yet not solely allotted to parents in addition to their women cognates, while judge guardianship is actually generally assigned to the father and his agnates, primarily men yet not only, plus feminine also.
So which is wilaya and you will hadana and my dissertation will not handle wilaya, having courtroom guardianship, and it also features only tangentially. As they say about hadana significantly more especially, the latest Mudawwana away from Sahnun set extremely certainly and you may unambiguously maternal concern. In case there are a separation, an infant stays beneath the real proper care of the caretaker; up to puberty regarding males and you will up until matrimony in the possible of females, and in case that is, that can simply take a very long time. During the period of hadana, a father, otherwise then guardian, wali, is actually economically accountable for their pupils in which he need to remain in touching with them and you may oversee its circumstances. Jurists mentioned explicitly such things as children’s knowledge and punishment. And you will wards will get spend time making use of their fathers outside the maternal house, particularly to get the legal rights satisfied, say such as for instance, if a father, they mentioned in the event that a dad has to illustrate their young buck a good trading, like.
