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E-book
Author Emon, Anver M., author

Title Jurisdictional exceptionalisms : Islamic law, international law, and parental child abduction / Anver Emon, University of Toronto; Urfan Khaliq, Cardiff University
Published Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2021
©2021

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Description 1 online resource (xxvi, 377 pages)
Series Law in context series
Law in context.
Contents 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
Summary "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 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 is Professor of International and European Laws and Head of School in the School of Law and Politics, Cardiff University. His publications include Ethical Dimensions of the Foreign Policy of the European Union: A Legal Appraisal (Cambridge, 2008) and International Human Rights Law Documents (Cambridge, 2018)"-- Provided by publisher
Bibliography Includes bibliographical references and index
Notes Description based on online resource; title from digital title page (viewed on July 27, 2021)
SUBJECT Convention on the Civil Aspects of International Child Abduction (1980 October 25) http://id.loc.gov/authorities/names/n88075148
Convention on the Civil Aspects of International Child Abduction (1980 October 25) fast
Subject Conflict of laws -- Custody of children.
Parental kidnapping -- Law and legislation.
Conflict of laws -- Custody of children -- Islamic countries
Custody of children (Islamic law)
Parental kidnapping -- Law and legislation -- Islamic countries
Conflict of laws -- Custody of children
Custody of children (Islamic law)
Parental kidnapping -- Law and legislation
Islamic countries
Form Electronic book
Author Khaliq, Urfan, 1970- author.
LC no. 2021024915
ISBN 9781108938693
1108938698
1108945740
9781108945745