Jurisdictional Exceptionalisms
Islamic Law, International Law and Parental Child Abduction
Published on 12. August 2021
Book
Hardback
404 pages
978-1-108-83725-5 (ISBN)
Description
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.
Reviews / Votes
'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 UniversityMore details
Series
Language
English
Place of publication
Cambridge
United Kingdom
Target group
Professional and scholarly
Illustrations
Worked examples or Exercises; 4 Tables, black and white
Dimensions
Height: 235 mm
Width: 157 mm
Thickness: 26 mm
Weight
734 gr
ISBN-13
978-1-108-83725-5 (9781108837255)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
Anver M. Emon | Urfan Khaliq
Jurisdictional Exceptionalisms
Islamic Law, International Law and Parental Child Abduction
Book
approx. 06/2026
Cambridge University Press
€37.50
Shipment within 15-20 days
Anver M. Emon
Jurisdictional Exceptionalisms
Islamic Law, International Law and Parental Child Abduction
E-Book
08/2021
Cambridge University Press
€83.99
Available for download
Persons
Anver M. Emon is Professor and Canada Research Chair in Islamic Law and History at the University of Toronto, where he directs the Institute of Islamic Studies. A Guggenheim Fellow and member of the College of the Royal Society of Canada, he has published widely in Islamic law and history.
Content
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.