Jurisdictional exceptionalisms : Islamic law, international law, and parental child abduction /
Emon, Anver M.,
Jurisdictional exceptionalisms : Islamic law, international law, and parental child abduction / Anver Emon, University of Toronto, Urfan Khaliq, Cardiff University. - 1 online resource (xxvi, 377 pages) : digital, PDF file(s). - Law in context series . - Law in context. .
Title from publisher's bibliographic system (viewed on 23 Jul 2021).
Introduction -- The Hague system on international child abduction -- Muslim majority states, human rights treaty, obligations and the Hague abduction convention -- Islamic law and child custody -- Jurisdictional exceptionalism and Islamic law -- Private international law, Islamic family law states, and strategic jurisdiction -- Conclusion.
Jurisdictional Exceptionalisms examines the legal issues associated with a parent's forced removal of their children to reside in another country following relationship dissolution or divorce. Through an analysis of Public and Private International Laws, and Islamic law - historical and as implemented in contemporary Muslim Family Law States - the authors uncover distinct legal lexicons that centre children's interests in premodern Islamic legal doctrines, modern State practice, and multilateral conventions on children. While legal advocates and policy makers pursue global solutions to parental child abduction, this volume identifies fundamental obstacles, including the absence of shared understandings of jurisdiction. By examining the relevant law and practice, the study exposes the polarised politics embedded in the technical legal rules on jurisdiction. Presenting a new, innovative method in comparative legal history, the book examines the beliefs, values, histories, doctrines, institutions and practices of legal systems presumed to be in conflict with one another.
9781108938693 (ebook)
Convention on the Civil Aspects of International Child Abduction (1980 October 25)
Conflict of laws--Custody of children.
Parental kidnapping--Law and legislation--Islamic countries
Custody of children (Islamic law)
Conflict of laws--Custody of children--Islamic countries.
Parental kidnapping--Law and legislation.
K7190 / .E46 2021
346.01/73
Jurisdictional exceptionalisms : Islamic law, international law, and parental child abduction / Anver Emon, University of Toronto, Urfan Khaliq, Cardiff University. - 1 online resource (xxvi, 377 pages) : digital, PDF file(s). - Law in context series . - Law in context. .
Title from publisher's bibliographic system (viewed on 23 Jul 2021).
Introduction -- The Hague system on international child abduction -- Muslim majority states, human rights treaty, obligations and the Hague abduction convention -- Islamic law and child custody -- Jurisdictional exceptionalism and Islamic law -- Private international law, Islamic family law states, and strategic jurisdiction -- Conclusion.
Jurisdictional Exceptionalisms examines the legal issues associated with a parent's forced removal of their children to reside in another country following relationship dissolution or divorce. Through an analysis of Public and Private International Laws, and Islamic law - historical and as implemented in contemporary Muslim Family Law States - the authors uncover distinct legal lexicons that centre children's interests in premodern Islamic legal doctrines, modern State practice, and multilateral conventions on children. While legal advocates and policy makers pursue global solutions to parental child abduction, this volume identifies fundamental obstacles, including the absence of shared understandings of jurisdiction. By examining the relevant law and practice, the study exposes the polarised politics embedded in the technical legal rules on jurisdiction. Presenting a new, innovative method in comparative legal history, the book examines the beliefs, values, histories, doctrines, institutions and practices of legal systems presumed to be in conflict with one another.
9781108938693 (ebook)
Convention on the Civil Aspects of International Child Abduction (1980 October 25)
Conflict of laws--Custody of children.
Parental kidnapping--Law and legislation--Islamic countries
Custody of children (Islamic law)
Conflict of laws--Custody of children--Islamic countries.
Parental kidnapping--Law and legislation.
K7190 / .E46 2021
346.01/73
