Thank you so much, Janan
And the Muwatta’ off Malik, Ibn Sa’id’s Mudawwana, and al-‘Utbi’s Mustakhraja, any alternative judge work did you analysis for your dissertation?
Therefore toward basic period, it’s when new Mudawwana, brand new Muwatta’, together with Muwatta’. To the second several months– and possess, I end having al-Nawadir wa-l-ziyadat out of Zayd ibn Abi Zayd al-Qayrawani– and i also imagine it is additionally vital to notice, I did not discuss that it just before, it might not getting of use to our website subscribers, that– to our listeners– you to definitely al-Nawadir wa-l-ziyadat additionally the Mudawwana try written by jurists regarding Qayrawan. And perhaps they are maybe not from al-Andalus. And that’s another thing that we is to explore, that when you may be carrying out a history of al-Andalus plus the fiqh, We like performs which were sometimes created by Andalusis or was basically highly important when paras eurooppalainen kansalaisuus naimisiin you look at the al-Andalus. And that was happening certainly on Mudawwana and also the Nawadir wa-l-ziyadat. That’s as to the reasons the history is porous. You cannot just contain it on one to geographic area. In fact, the latest jurists traveled, training moved, and there are an extremely strong commitment between Qayrawan and al-Andalus. Which is why the main cause out-of texts that i use in my personal dissertation reflect you to porous nature off Andalusi Malikism for the ages. Therefore again, that is to your tenth century, Nawadir wa-l-ziyadat, following on the 11th and you will early the main 12th, Kitab al-muntaqa regarding Abu-l-Walid al-Baji, Kitab al-kafi out of Ibn ‘Abd al-Barr, al-Bayan wa-l-tahsil and you may al-Muqaddimat wa-l-mumahhidat from Ibn rushd al-Jadd together with one to fatawa collection, al-Ahkam al-kubra from ‘Isa b. Sahl, which also thankfully, includes a few judge instances. [Dr. Delgado’s present also included Kitab al-nafaqat out-of Ibn al-Rashiq and also the Muhalla off Ibn Hazm.]
Sure, yeah, thanks a lot
Thank you so much. Therefore to view hadana, can you let us know, what’s the business regarding hadana and you may just what are their basic rules that we should be aware of, as intricate throughout the Mudawwana from Sahnun, that were becoming followed?
Hadana refers to the protective proper care and instant fees over a great ward. In the English, we are not convert hadana given that infant custody. I personally use that it label inside my be as effective as, however, I will clarify at the outset, your label hadana corresponds alot more precisely to what we feel of during the Western laws since the bodily infant custody, whereas judge custody is much more akin to a unique business from inside the Islamic law called wilaya. Pre-progressive Muslim jurists were not extremely concerned about the particular shipment from court and you may actual duties from moms and dads into the the students as enough time due to the fact matrimony survived. Moms and dads had been actually provided certain freedom to maintain their students and you may distributed jobs and you can requirements as they finest saw match. However, if there is a divorce or separation, otherwise loss of one otherwise both parents, jurists delivered brand new rights and obligations from wards and caretakers really demonstrably and you can within this that shipping, actual infant custody hadana, try mostly not solely allotted to moms and dads as well as their feminine cognates, while courtroom custody was primarily assigned to the daddy and his awesome agnates, mostly male not solely, in addition to feminine too.
Therefore that is wilaya and you may hadana and you may my personal dissertation cannot handle wilaya, which have legal custody, and it has merely tangentially. As they say throughout the hadana more particularly, brand new Mudawwana of Sahnun establishes extremely demonstrably and you will unambiguously maternal concern. If there is a split up, a child remains within the bodily care of mom; up until adolescence when it comes to men and you can until wedding in possible of women, if in case which is, that can get a very long time. During the period of hadana, a father, or then guardian, wali, was economically responsible for their college students and he need remain in touch using them and you may supervise the situations. Jurists mentioned clearly things like youngsters’ education and you may abuse. And wards may spend your time using their fathers away from maternal home, especially to get the liberties satisfied, state such, when the a dad, they mentioned if the a father needs to teach their young man an excellent exchange, such.
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