So the court works that i pick my personal dissertation, they realize directly the fresh advancements which i just intricate
Many thanks, Janan
As well as the Muwatta’ regarding Malik, Ibn Sa’id’s Mudawwana, and you will al-‘Utbi’s Mustakhraja, what other court work did you data for your dissertation?
Thus for the very first several months, it is so when the Mudawwana, the brand new Muwatta’, and also the Muwatta’. For the 2nd months– and have, I stop with al-Nawadir wa-l-ziyadat regarding Zayd ibn Abi Zayd al-Qayrawani– and i imagine you need to note, I did not discuss so it prior to, it may not be of good use to the subscribers, that– to the audience– you to definitely al-Nawadir wa-l-ziyadat and the Mudawwana try compiled by jurists from Qayrawan. Plus they are not off al-Andalus. And is something else which i is to explore, that when you are undertaking a track record of al-Andalus together with fiqh, We prefer really works that have been sometimes produced by Andalusis otherwise was in fact extremely important when you look at the al-Andalus. Hence are the case certainly toward Mudawwana additionally the Nawadir wa-l-ziyadat. That will be as to the reasons the real history try permeable. You simply cannot only own it to the you to geographic space. Indeed, the new jurists journeyed, degree journeyed, there is actually a highly strong connection ranging from Qayrawan and you may al-Andalus. And that’s why the main cause away from messages that i use in my dissertation echo you to definitely permeable nature out-of Andalusi Malikism during the many years. Thus again, that’s on tenth century, Nawadir wa-l-ziyadat, following towards 11th and you will very early an element of the 12th, Kitab al-muntaqa out of 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 away from Ibn-rushd al-Jadd as well as one fatawa collection, al-Ahkam al-kubra out of ‘Isa b. Sahl, that also thank goodness, consists of several courtroom times. [Dr. Delgado’s sources and additionally incorporated Kitab al-nafaqat out-of Ibn al-Rashiq together with Muhalla of Ibn Hazm.]
Yes, yeah, thank you
Thanks a lot. So to view hadana, do you really inform us, what is the establishment out of hadana and you may just what are its very first rules that individuals should be aware of, because outlined regarding the Mudawwana out-of Sahnun, which latina dating app were becoming followed?
Hadana is the protective proper care and you can immediate charges more a beneficial ward. Into the English, i commonly translate hadana given that custody. I prefer it name in my own be as effective as, however, I should describe at the outset, your title hadana corresponds alot more truthfully as to the we feel off from inside the American rules since the physical child custody, whereas judge custody is more comparable to yet another facilities for the Islamic rules named wilaya. Pre-modern Muslim jurists just weren’t overly worried about the specific distribution of legal and actual responsibilities away from moms and dads on its people because the enough time once the wedding survived. Mothers was basically actually offered particular independence to take care of their youngsters and you can spreading spots and you will obligations as they better saw fit. Although not, in case of a divorce case, otherwise death of one to otherwise both parents, jurists delivered the brand new rights and requirements of wards and you can caretakers most certainly and you can contained in this one shipment, physical custody hadana, try mainly yet not solely assigned to parents as well as their women cognates, whereas court guardianship are primarily assigned to the father and his agnates, generally men but not only, including female too.
Very which is wilaya and you will hadana and you will my dissertation does not handle wilaya, which have legal custody, also it provides simply tangentially. As they say in the hadana so much more specifically, brand new Mudawwana away from Sahnun set most certainly and unambiguously maternal top priority. In case there is a separation and divorce, a child stays under the actual care of the caretaker; up until puberty in the example of men and up to matrimony for the the situation of females, and if that is, that can capture forever. During the period of hadana, a father, otherwise further protector, wali, is actually financially responsible for their students in which he have to stay in touching with them and you will oversee their products. Jurists mentioned clearly things such as children’s education and you will abuse. And wards get waste time along with their fathers away from maternal household, particularly to obtain the legal rights fulfilled, state such as for instance, when the a father, it said in the event the a dad should show his child a good trading, eg.