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Dads vs. Grandmas: Conflicting Child Custody Interests in Fourteenth Century Granada
Abstract by Ms. Janan Delgado On Session 187  (Loving and Leaving Andalusia)

On Sunday, November 21 at 08:30 am

2010 Annual Meeting

Abstract
This essay explores two legal opinions found in Wansharisi's fatwa collection, the Mi'yar issued by Abu Abd Allah Mohamed al-Haffar and by Ibn Siraj. Both fatwas deal with one specific question, namely the Maliki order of precedence of custodians, which favors women and her bloodline, over men and his bloodline, by several degrees. In the first fatwa, a man's wife died, leaving behind two children. Upon her death, the custody of the children passed to the maternal grandmother, who lived in the same location as the father. When the father wished to relocate to a different town, the question became whether the father should take the children with him, or leave them with their maternal grandmother. The grandmother's willingness to travel played a role in the legal opinion. Would her refusal to travel with the father and the children result in an exemption of the father's wilayah responsibilities? In the second fatwa, al-Haffar is asked about a man whose wife died, leaving behind a number of male children. Their maternal grandmother, who lived in the countryside, claimed their custody. Yet, there was a significance distance between the countryside and the father's location. Who was to keep the children, the father or the maternal grandmother? These questions, and their respective answers, allow us to examine how these muftis understood and applied the Maliki law of hadanah in the presence of conflicting claims by involved parties, and what role, if any, the purpose of the law played in its application through ifta.
Discipline
Law
Geographic Area
Spain
Sub Area
13th-18th Centuries