Many lovingwomen.org käytä linkkiä thanks, Janan
As well as the Muwatta’ out of Malik, Ibn Sa’id’s Mudawwana, and you can al-‘Utbi’s Mustakhraja, any alternative courtroom really works do you data for the dissertation?
Therefore to the first period, it is so when this new Mudawwana, brand new Muwatta’, therefore the Muwatta’. On the next months– and possess, We avoid with al-Nawadir wa-l-ziyadat out-of Zayd ibn Abi Zayd al-Qayrawani– and i also consider you’ll want to notice, I did not talk about that it before, may possibly not getting of use to our clients, that– to your audience– that al-Nawadir wa-l-ziyadat as well as the Mudawwana is authored by jurists out of Qayrawan. Plus they are maybe not away from al-Andalus. Which will be something else entirely that we should mention, when you will be doing a reputation al-Andalus together with fiqh, I prefer works that have been either produced by Andalusis or had been extremely important inside al-Andalus. Hence are the case yes on the Mudawwana plus the Nawadir wa-l-ziyadat. Which is as to the reasons the real history try permeable. You simply cannot just contain it with the one to geographic area. In fact, the new jurists journeyed, education journeyed, and there are an extremely deep relationship anywhere between Qayrawan and al-Andalus. Which is why the main cause out of texts that we include in my personal dissertation echo you to definitely permeable characteristics away from Andalusi Malikism when you look at the years. Very again, which is towards tenth century, Nawadir wa-l-ziyadat, after which toward 11th and you may very early an element of the 12th, Kitab al-muntaqa out-of Abu-l-Walid al-Baji, Kitab al-kafi away from Ibn ‘Abd al-Barr, al-Bayan wa-l-tahsil and al-Muqaddimat wa-l-mumahhidat of Ibn-rushd al-Jadd along with that fatawa range, al-Ahkam al-kubra out-of ‘Isa b. Sahl, that can luckily, include several courtroom times. [Dr. Delgado’s supplies and additionally included Kitab al-nafaqat from Ibn al-Rashiq plus the Muhalla away from Ibn Hazm.]
Yes, yeah, thank-you
Many thanks. Very to view hadana, do you really inform us, what’s the facilities of hadana and you can what exactly are its first guidelines we should become aware of, given that intricate throughout the Mudawwana regarding Sahnun, that were being observed?
Hadana refers to the protective care and you can immediate charge more than an excellent ward. Inside English, i commonly convert hadana since the infant custody. I take advantage of which term inside my be as effective as, but I will clarify first, the identity hadana matches so much more accurately as to what we feel off in the American laws while the physical custody, while courtroom child custody is far more comparable to yet another facilities inside the Islamic law entitled wilaya. Pre-modern Muslim jurists weren’t overly worried about the specific delivery away from legal and you may actual responsibilities from mothers to the their children just like the a lot of time given that relationships lasted. Mothers have been in fact offered particular versatility to take care of its people and spread jobs and you can obligations as they ideal saw fit. not, in case there is a divorce, otherwise loss of that or both dad and mom, jurists delivered the latest rights and you can commitments of wards and you will caretakers very obviously and you may in this one shipment, physical custody hadana, are largely not only allotted to moms and dads and their female cognates, whereas legal custody was primarily allotted to the father along with his agnates, mainly male however exclusively, in addition to women also.
Very which is wilaya and you can hadana and you can my personal dissertation will not manage wilaya, which have legal guardianship, therefore features merely tangentially. As they say regarding the hadana a whole lot more specifically, brand new Mudawwana away from Sahnun sets really obviously and you may unambiguously maternal consideration. In the eventuality of a splitting up, an infant remains beneath the real care of the mother; until adolescence in the case of guys and you will up to marriage in possible of females, and in case which is, that will bring forever. Over the course of hadana, a father, otherwise then protector, wali, was economically guilty of their students and he must stay-in reach with these people and manage their circumstances. Jurists stated clearly such things as youngsters’ training and you may discipline. And you may wards could possibly get spend time and their dads away from maternal family, specifically to obtain the rights came across, say such, if the a father, it stated if a dad has to teach their child an effective change, including.
