Jurisdictional Exceptionalisms: Islamic Law, International Law and Parental Child Abduction

ISBN-13: 9781108837255 / Angielski / Twarda / 2021 / 312 str.

Anver M. Emon (University of Toronto);Urfan Khaliq (Cardiff University)

Opis

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.

Recenzje

'International parental child abduction is a global problem. It is the subject of the 1980 Hague Abduction Convention which is generally regarded as a successful international family law instrument and to which there are 101 Contracting States. However, very few of those States are what Emon and Khaliq describe as Muslim Family Law States. Furthermore, until now, there has been no extensive treatise examining the problem from an Islamic perspective. Judicial Exceptionalisms plugs this gap and provides a challenging analysis both of the problems that parental child abduction creates and of the difficulties that Muslim Family Law States face in acceding to the 1980 Convention. In its conclusion, the authors thoughtfully explore the options that Muslim Family Law States might adopt in going forward in reaching an international agreement on how to deal with abduction.' Nigel Lowe, QC (Hon), Emeritus Professor of Law, Cardiff University

Spis treści

Dedication; Preface and Acknowledgements; List of Abbreviations; 1. Introduction: Part I. 2. The Hague System on International Child Abduction; 3. Muslim Majority States, Human Rights Treaty Obligations and The Hague Abduction Convention; Part II. 4. Islamic Law and Child Custody; 5. Jurisdictional Exceptionalism and Islamic Law; 6. Private International Law, Islamic Family Law States, and Strategic Jurisdiction; 7. Conclusion; Bibliography; Index.