Many thanks, Janan
And the Muwatta’ away from Malik, Ibn Sa’id’s Mudawwana, and you will al-‘Utbi’s Mustakhraja, any alternative judge performs do you study to suit your dissertation?
So toward basic months, it is so when the fresh new Mudawwana, the newest Muwatta’, therefore the Muwatta’. For the next several months– and just have, I prevent having al-Nawadir wa-l-ziyadat out-of Zayd ibn Abi Zayd al-Qayrawani– and that i think you’ll want to note, I didn’t mention this ahead of, it may not feel beneficial to our subscribers, that– to the listeners– one to al-Nawadir wa-l-ziyadat as well as the Mudawwana try written by jurists out-of Qayrawan. And perhaps they are maybe not off al-Andalus. And is something different that we should discuss, that if you’re doing a history of al-Andalus and fiqh, We prefer performs that were both created by Andalusis or was indeed highly important within the al-Andalus. And that is possible indeed into Mudawwana in addition to Nawadir wa-l-ziyadat. And that’s as to the reasons the real history was porous. You can not merely get it on that geographical area. Indeed, new jurists moved, studies journeyed, there is actually a very deep union anywhere between Qayrawan and you can al-Andalus. Which is why the reason from texts that i include in my dissertation reflect one porous character out of Andalusi Malikism from inside the many years. So once again, that is with the tenth century, Nawadir wa-l-ziyadat, then on the 11th and you will very early a portion of the twelfth, Kitab al-muntaqa from Abu-l-Walid al-Baji, Kitab al-kafi of Ibn ‘Abd al-Barr, al-Bayan wa-l-tahsil and al-Muqaddimat wa-l-mumahhidat from Ibn rushd mikГ¤ on amerikkalaisen miehen paras kansallisuus naimisiin al-Jadd together with that fatawa range, al-Ahkam al-kubra regarding ‘Isa b. Sahl, which also thank goodness, contains a few courtroom cases. [Dr. Delgado’s present including integrated Kitab al-nafaqat of Ibn al-Rashiq and the Muhalla regarding Ibn Hazm.]
Sure, yeah, thank you
Many thanks. Thus to view hadana, do you really let us know, what’s the place off hadana and what exactly are its first rules that individuals should become aware of, while the intricate on Mudawwana away from Sahnun, that were getting implemented?
Hadana refers to the defensive worry and you can immediate costs more than a good ward. From inside the English, i are not convert hadana since custody. I take advantage of which title inside my be as effective as, however, I should explain first, that the title hadana corresponds significantly more correctly about what we feel away from from inside the American law due to the fact bodily custody, while courtroom custody is more comparable to another type of place when you look at the Islamic legislation titled wilaya. Pre-progressive Muslim jurists were not very concerned with the particular delivery from courtroom and you can actual commitments out of moms and dads into the college students since much time since the relationships live. Mothers had been actually given particular liberty to maintain their children and spread opportunities and requirements as they most readily useful watched complement. However, in the event of a divorce case, or loss of you to definitely otherwise both dad and mom, jurists delivered the brand new legal rights and responsibilities off wards and you will caretakers extremely clearly and you may within one delivery, actual infant custody hadana, was mostly however solely assigned to moms and dads and their women cognates, whereas legal custody are mostly allotted to the father and his agnates, mainly male however exclusively, and women as well.
So that is wilaya and you can hadana and you will my personal dissertation doesn’t manage wilaya, having judge custody, plus it keeps just tangentially. So to speak on the hadana even more specifically, the fresh new Mudawwana from Sahnun sets most certainly and you can unambiguously maternal consideration. If there is a splitting up, an infant stays within the bodily proper care of the caretaker; up until puberty regarding guys and you will up until matrimony during the the actual situation of women, incase that is, that may simply take a very long time. Throughout hadana, a dad, otherwise after that guardian, wali, was economically accountable for their pupils and then he must stay in touch together with them and you will supervise their factors. Jurists mentioned explicitly things such as kids’ education and punishment. And wards will get spend time using their fathers away from maternal domestic, particularly to obtain the legal rights found, state for example, in the event that a dad, they mentioned in the event the a father has to show his child an effective exchange, such.
