Therefore the legal functions which i choose for my dissertation, it go after closely brand new developments which i only intricate
Many thanks, Janan
Along with the Muwatta’ off Malik, Ibn Sa’id’s Mudawwana, and you may al-‘Utbi’s Mustakhraja, what other legal really works did you data to suit your dissertation?
Therefore to your very first months, it’s when the fresh new Mudawwana, the newest Muwatta’, and also the Muwatta’. For the next period– and then have, I stop which have al-Nawadir wa-l-ziyadat regarding Zayd ibn Abi Zayd al-Qayrawani– and i also consider you need to notice, I didn’t discuss so it ahead of, it might not become of good use to the customers, that– to the listeners– you to al-Nawadir wa-l-ziyadat while the Mudawwana are compiled by jurists out of Qayrawan. Plus they are perhaps not away from al-Andalus. That’s another thing which i should explore, if you may be doing a history of al-Andalus while the fiqh, I prefer performs which were both developed by Andalusis or was indeed extremely influential within the al-Andalus. And this are the scenario indeed into Mudawwana in addition to Nawadir wa-l-ziyadat. That is as to the reasons the historical past is actually permeable. You can not merely get it with the one geographical space. In fact, new jurists journeyed, training moved, there try a very deep commitment anywhere between Qayrawan and you will al-Andalus. Which is why the reason out of texts which i use in my dissertation reflect you to definitely permeable characteristics of Andalusi Malikism in the ages. Therefore once again, that is on tenth century, Nawadir wa-l-ziyadat, right after which into the 11th and you will very early an element of the 12th, Kitab al-muntaqa out of Abu-l-Walid al-Baji, Kitab al-kafi regarding Ibn ‘Abd al-Barr, al-Bayan wa-l-tahsil and you will al-Muqaddimat wa-l-mumahhidat out of Ibn rushd al-Jadd in addition to you to fatawa range, al-Ahkam al-kubra out of ‘Isa b. Sahl, that also thankfully, contains a few judge cases. [Dr. Delgado’s provide along with incorporated Kitab al-nafaqat away from Ibn al-Rashiq together with Muhalla out-of Ibn Hazm.]
Yes, yeah, thank-you
Thank you. Thus to view hadana, could you let us know, what is the establishment out-of hadana and exactly what are their basic laws and regulations we should be aware of, just like the in depth on Mudawwana out-of Sahnun, that were are then followed?
Hadana refers to the protective care and you can immediate fees more a great ward. Into the English, we commonly change hadana because child custody. I take advantage of this name during my work as well, however, I ought to describe at the outset, that label hadana corresponds much more correctly about what we believe out-of inside the American law as bodily child custody, while courtroom infant custody is more similar to a special place within the Islamic law entitled wilaya. Pre-progressive Muslim jurists were not excessively worried about the particular shipments off judge and you will physical requirements off moms and dads for the its college students because a lot of time due to the fact relationships live. Moms and dads were indeed given some freedom to look after the students and you may spreading spots and you may duties as they finest watched fit. Although not, in case there is a divorce proceedings, or death of one or both parents, jurists delivered the rights and you will duties of wards and you will caretakers very demonstrably and you can inside one to shipment, real custody hadana, are largely although not exclusively assigned to moms and dads and their female cognates, while judge custody try mostly allotted to the father along with his agnates, generally men however entirely, in addition to feminine as well.
Thus that’s wilaya and you can hadana and you may my dissertation does not deal with wilaya, which have legal custody, therefore keeps just tangentially. As they say throughout the hadana alot more particularly, the latest Mudawwana regarding Sahnun establishes extremely clearly and you can unambiguously maternal top priority. In the event of a divorce or separation, a baby remains within the real care of the caretaker; up until adolescence when it comes to guys and you will up until marriage when you look at the the situation of women, assuming that’s, which can bring a lifetime. Over the course of hadana, a dad, or subsequent protector, wali, try financially responsible for his students and then he need to stay static in reach together with them and manage the things. Jurists stated clearly things like children’s knowledge and you will abuse. And wards will get waste time and their fathers outside the maternal household, particularly to get the legal rights fulfilled, state particularly, when the a dad, it said in the event that a dad has to instruct his young buck good trading, such as.
