This essay deals with early Mālikī doctrine in Umayyad al-Andalus regarding the Christians. It focuses in particular on "mixed family" issues, that is, those arising from the marriage between a Muslim man and a Christian woman and their children, by analysing masāʾil (sing. masʾala, dialogues among jurists) and fatāwā (sing. fatwā, juridical answers for questions and lawsuits). These materials provide us with rich information about how Andalusī jurists quoted and selected their teachers' opinions, and also about the contents of their own doctrines. I will especially deal with custody (ḥaḍāna) of children born to a Christian mother and with the religious affiliation of children whose Christian father converted to Islam. The sources analysed provide evidence that juridical discussions responded to social issues, including blurred religious identities and pressure to convert in "mixed family" contexts.
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Ryo Takahashi (2024) studied this question.
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