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So the legal works that we go for my dissertation, it follow closely the developments that we just detail by detail

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Thanks, Janan

Plus the Muwatta’ from Malik, Ibn Sa’id’s Mudawwana, and you can al-’Utbi’s Mustakhraja, any alternative court works did you investigation for your dissertation?

Very toward earliest period, it’s then when the fresh Mudawwana, brand new Muwatta’, and also the Muwatta’. Toward next period– while having, We prevent that have al-Nawadir wa-l-ziyadat away from Zayd ibn Abi Zayd al-Qayrawani– paras ilmainen luottokortti Brasilian treffisivustot and that i believe you need to mention, I did not mention so it prior to, may possibly not feel of use to the clients, that– to the listeners– one al-Nawadir wa-l-ziyadat together with Mudawwana is actually compiled by jurists regarding Qayrawan. Plus they are not regarding al-Andalus. And is something else that we is always to talk about, when you may be undertaking a track record of al-Andalus plus the fiqh, We choose really works that were either created by Andalusis or had been very influential during the al-Andalus. And therefore is actually the outcome indeed toward Mudawwana plus the Nawadir wa-l-ziyadat. That’s why the historical past is actually porous. You can’t merely own it toward one to geographic space. In reality, the jurists journeyed, training traveled, there are a very deep commitment anywhere between Qayrawan and you will al-Andalus. Which explains why the cause regarding texts that i use in my dissertation reflect you to definitely permeable nature from Andalusi Malikism in ages. Very once again, that is into the 10th century, Nawadir wa-l-ziyadat, immediately after which toward 11th and you may very early area of the twelfth, Kitab al-muntaqa away from Abu-l-Walid al-Baji, Kitab al-kafi from Ibn ‘Abd al-Barr, al-Bayan wa-l-tahsil and al-Muqaddimat wa-l-mumahhidat regarding Ibn rushd al-Jadd and additionally one fatawa collection, al-Ahkam al-kubra from ‘Isa b. Sahl, that can luckily, consists of several court circumstances. [Dr. Delgado's provide and included Kitab al-nafaqat out of Ibn al-Rashiq while the Muhalla from Ibn Hazm.]

Sure, yeah, thank you

Thank you. Therefore to view hadana, do you tell us, what is the business out of hadana and you will what exactly are its first rules that people should be aware of, just like the detailed regarding Mudawwana out-of Sahnun, which were getting implemented?

Hadana is the defensive care and you will immediate charges more than an effective ward. When you look at the English, we commonly translate hadana just like the custody. I take advantage of which term in my own be as effective as, however, I will clarify first, your term hadana matches so much more precisely to what we think away from within the American rules since actual infant custody, whereas legal child custody is much more similar to an alternative organization during the Islamic rules called wilaya. Pre-modern Muslim jurists weren’t excessively concerned about the precise shipments out of judge and you will bodily commitments from mothers into its children once the enough time due to the fact wedding survived. Mothers was indeed in reality given certain liberty to take care of their students and you will spreading opportunities and you will obligations as they top watched fit. Although not, in the eventuality of a split up, or death of one to otherwise both parents, jurists marketed the latest legal rights and you will obligations regarding wards and you can caretakers really demonstrably and you will within you to shipments, bodily child custody hadana, is mostly but not exclusively allotted to parents in addition to their female cognates, whereas courtroom custody try generally assigned to the daddy along with his agnates, primarily male not solely, along with women also.

Therefore that is wilaya and you will hadana and you can my dissertation will not handle wilaya, which have courtroom guardianship, plus it has actually simply tangentially. So to speak on hadana even more especially, new Mudawwana of Sahnun kits very demonstrably and you will unambiguously maternal concern. In the event of a splitting up, an infant stays according to the real care of the caretaker; up to puberty in the example of males and you can up until wedding during the the actual situation of females, if in case that is, that will take an eternity. Throughout hadana, a father, otherwise next protector, wali, was financially responsible for his college students and he have to stay in touch with them and you may supervise the facts. Jurists stated clearly things like kids’ training and punishment. And you can wards get waste time with regards to dads beyond your maternal household, particularly to have the legal rights met, state instance, if the a dad, it stated if the a father needs to show his child a great exchange, such as for example.

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