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Parental Care and the Best Interests of the Child in Muslim Countries

  • Nadjma Yassari
  • Lena-Maria Möller
  • Imen Gallala-Arndt

Table of contents

  1. Front Matter
    Pages i-xviii
  2. Jasmine Moussa
    Pages 1-28
  3. Jean-Philippe Dequen
    Pages 29-61
  4. Euis Nurlaelawati
    Pages 63-80
  5. Harith Al-Dabbagh
    Pages 81-119
  6. Dörthe Engelcke
    Pages 121-143
  7. Marie-Claude Najm
    Pages 145-168
  8. Ayesha Shahid, Isfandyar Ali Khan
    Pages 169-204
  9. Anver M. Emon
    Pages 205-217
  10. Najma Moosa
    Pages 219-257
  11. Souhayma Ben Achour
    Pages 259-284
  12. Nadjma Yassari, Lena-Maria Möller, Imen Gallala-Arndt
    Pages 325-353

About this book

Introduction

This book is the first analysis of parental care regimes in Muslim jurisdictions, both in a comparative and country-specific sense. It contains the proceedings of a workshop on Parental Care and the Best Interests of the Child in Muslim Countries that the Max Planck Research Group “Changes in God’s Law: An Inner-Islamic Comparison of Family and Succession Law” hosted in Rabat, Morocco in April 2015. This workshop saw a total of 15 country reports presented on questions of custody, guardianship and their development within different Muslim jurisdictions (ranging from Indonesia to Morocco), a number of which are included in full in the book. Each of these country reports contains a historical perspective on the evolution of domestic rules regarding custody and guardianship, and on the introduction and development of the notion of the best interests of the child.

Most importantly, the prevailing legal norms, both substantive and procedural, are explored and particular attention is given to legal practice and the role of the judiciary. In addition to a selection of country reports from the workshop, the volume includes two comparative analyses on questions of parental care in both public and private international law.

With a high practical relevance for legal practitioners working in the area of cross-border custody disputes and the most up-to-date assessment of parental care regimes beyond a pure analysis of statutory law, this book combines a number of country reports authored by experts who have worked or are still based in the respective countries they are reporting on and thus contains in-depth discussions of legal practice and custody law in action.

Nadjma Yassari is Director of the Research Group “Changes in God’s Law: An Inner-Islamic Comparison of Family and Succession Law” while Lena- Maria Möller and Imen Gallala-Arndt are Senior Research Fellows at the Max Planck Institute for Comparative and International Private Law in Hamburg and the Max Planck Institute for Social Anthropology in Halle respectively.


Keywords

Muslim Family Law Parental Care Comparative Law Public International Law Private International Law

Editors and affiliations

  • Nadjma Yassari
    • 1
  • Lena-Maria Möller
    • 2
  • Imen Gallala-Arndt
    • 3
  1. 1.Max Planck Research Group: Changes in God’s Law—An Inner Islamic Comparison of Family and Succession LawsMax Planck Institute for Comparative and International Private LawHamburgGermany
  2. 2.Max Planck Research Group: Changes in God’s Law—An Inner Islamic Comparison of Family and Succession LawsMax Planck Institute for Comparative and International Private LawHamburgGermany
  3. 3.Max Planck Institute for Social AnthropologyHalleGermany

Bibliographic information

  • DOI https://doi.org/10.1007/978-94-6265-174-6
  • Copyright Information T.M.C. Asser Press and the authors 2017
  • Publisher Name T.M.C. Asser Press, The Hague
  • eBook Packages Law and Criminology
  • Print ISBN 978-94-6265-173-9
  • Online ISBN 978-94-6265-174-6
  • Buy this book on publisher's site
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