Thank you, Janan
Plus the Muwatta’ of Malik, Ibn Sa’id’s Mudawwana, and you may al-‘Utbi’s Mustakhraja, what other judge performs did you analysis for your dissertation?
Therefore on the basic several months, it is then when the newest Mudawwana, the latest Muwatta’, together with Muwatta’. Into second period– and have, I avoid that have al-Nawadir wa-l-ziyadat away from Zayd ibn Abi Zayd al-Qayrawani– and i imagine you’ll want to notice, I did not explore this before, it might not feel of good use to the subscribers, that– to your listeners– one al-Nawadir wa-l-ziyadat together with Mudawwana are compiled by jurists from Qayrawan. And perhaps they are not of al-Andalus. And that’s something different that i is to talk about, when you might be performing a reputation al-Andalus therefore the fiqh, I choose really works which were both created by Andalusis or was indeed highly influential in al-Andalus. Which is the actual situation certainly to the Mudawwana and also the Nawadir wa-l-ziyadat. Which is as to the reasons a brief history was permeable. You cannot only contain it for the one geographical place. In fact, the new jurists journeyed, studies moved, so there is actually a highly deep partnership between Qayrawan and al-Andalus. And that’s why the main cause regarding messages which i include in my personal dissertation echo you to porous nature of Andalusi Malikism in many years. Very once again, that’s for the 10th century, Nawadir wa-l-ziyadat, after which with the 11th and you can early part of the twelfth, Kitab al-muntaqa away from Abu-l-Walid al-Baji, Kitab al-kafi out of Ibn ‘Abd al-Barr, https://lovingwomen.org/no/blog/datingkultur-i-mexico/ al-Bayan wa-l-tahsil and you can al-Muqaddimat wa-l-mumahhidat away from Ibn-rushd al-Jadd also one fatawa collection, al-Ahkam al-kubra away from ‘Isa b. Sahl, which also luckily, contains a few court circumstances. [Dr. Delgado’s sources along with integrated Kitab al-nafaqat out-of Ibn al-Rashiq in addition to Muhalla out of Ibn Hazm.]
Yes, yeah, thanks
Thank you. Thus to access hadana, would you let us know, what is the institution from hadana and you will exactly what are the basic laws and regulations that individuals should be aware of, while the detailed regarding Mudawwana away from Sahnun, that were are observed?
Hadana refers to the defensive care and attention and you may instantaneous costs more than a good ward. Inside English, we are not change hadana once the custody. I take advantage of this identity inside my work as well, but I ought to describe at the outset, that the identity hadana corresponds more correctly about what we believe off in the Western legislation since physical child custody, while legal child custody is far more similar to a new facilities when you look at the Islamic legislation entitled wilaya. Pre-progressive Muslim jurists were not overly concerned with the particular delivery away from court and you will real duties regarding parents to the the college students because the enough time once the wedding live. Parents was basically in reality given some freedom to provide for its people and you will spread jobs and you will duties as they top saw match. not, in case of a breakup, or death of you to definitely otherwise both dad and mom, jurists distributed the new rights and you can responsibilities out of wards and caretakers very clearly and within this that shipment, physical custody hadana, was mainly yet not only assigned to mothers and their women cognates, whereas legal custody was primarily assigned to the father with his agnates, mostly male although not solely, including women also.
Very that’s wilaya and you may hadana and you can my personal dissertation does not manage wilaya, which have courtroom guardianship, also it have just tangentially. As we say regarding hadana even more especially, the Mudawwana from Sahnun set very clearly and you can unambiguously maternal concern. In case of a separation and divorce, a baby remains within the bodily care of the caretaker; up until puberty in the example of men and up to relationship for the happening of females, while that’s, that can need a lifetime. Throughout hadana, a dad, otherwise then guardian, wali, try financially guilty of his students and he have to remain in touch together with them and you may manage the facts. Jurists stated clearly such things as kids’ degree and you will punishment. And wards may spend your time due to their dads away from maternal home, specifically to get the legal rights came across, state eg, when the a dad, it stated when the a father must show their young man a beneficial trading, including.