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Along with, pick Al-Sadeq Abd Al-Rahman Al-Gharyani, Mudawwanat Al-Fiqh Al-Maliki Wa Adillatuhu a dozen-15 (Muassasat Al-Rayyan, Beirut, Earliest Model, 2002)
95 Find Nasir, supra mention 10, on 158-159. As the publisher cards, brand new “custody out-of knowledge (wilayat al-Tarbiyya) [is] noticed underneath the Sharia become the duty of males as an alternative than simply ladies.” Id. during the 158. On the other hand, “custody off assets (al wilayatu alal maal) in the event your man features people possessions, [is] again a job for men instead of for ladies.” Id. on 159.
96 See Maghniyyah, supra mention 75, from the 351-352. Including, not as much as Shafi‘i doctrine, there aren’t any put ages up until that mom possess infant custody; rather, “the little one shall are still using its mommy up to it is in a position to choose among them moms and dads; and if it’s got achieved the new discerning ages it will like between the two… in the event your guy enjoys silent and won’t choose any one of these, the newest custody shall lie on the mother.” Id. within 351-352. ” Id. from the 352.
97 Abd Al-Aziz Musa Amir, Al-Ahwal Al-Shakhsiyah Fi Al-Sharia Al-Islamiyya 513 (Dar Al-Fikr Al-Arabi, Cairo, Second Version, 1976). “Femaleness ‘s the cause of repair just like the a lady is incapable out-of keeping by herself. Thus this lady repairs ‘s the duty regarding their family members, if she is young or dated, whether she had been able to doing work or otherwise not. Are you aware that people who performs, following she’s got zero straight to repairs and that’s anticipated to fool around with their earnings to help with herself.” Id.