Ep. 13 | The Ties That Bind: Child Custody in Andalusī Mālikism, 3rd/9th to 6th/12 c. | Dr. Janan Delgado

Harvard Islamica Podcast

Dr. Janan Delgado is the winner of the 2022 Alwaleed Bin Talal Dissertation Prize in Islamic Studies for her dissertation entitled, "The Ties That Bind: Child Custody in Andalusī Mālikism, 3rd/9th to 6th/12th c." While scholars of Islamic law have produced numerous studies on marriage and divorce in recent decades, the topic of ḥaḍāna, or child custody, has received scant scholarly attention until now. In this longitudinal study of Mālikī legal texts including the Muwaṭṭaʾ of Mālik b. Anas, Mudawwana of Saḥnūn, Kitāb al-kāfī of Ibn ʿAbd al-Barr, Bayān wa-l-taḥṣīl and the Muqaddimāt of Ibn Rushd al-Jadd, and fatāwā, Janan uncovers fascinating legal and social history of family dynamics in al-Andalus. Her analysis reveals the jursts' notions of womanhood, motherhood, fatherhood, step-fatherhood, and childhood and shows subtle shifts that occurred over time, including how the Mālikī jurists responded to intellectual, political, and social challenges.

Dr. Janan Delgado is a scholar of Islamic law. She holds a master's degree in Middle Eastern studies from New York University and a Ph.D. in the Study of Religion from Harvard University.

Credits and transcript: islamicstudies.harvard.edu/ep-13-ties-bind-child-custody-andalusi-malikism