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

  • First comparative as well as country-specific analysis of parental care regimes in Muslim jurisdictions

  • High practical relevance for legal practitioners working in the area of cross-border custody disputes

  • Most up-to-date assessment of parental care regimes beyond a pure analysis of statutory law

  • Includes supplementary material: sn.pub/extras

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Table of contents (12 chapters)

  1. Front Matter

    Pages i-xviii
  2. Egypt

    • Jasmine Moussa
    Pages 1-28
  3. India

    • Jean-Philippe Dequen
    Pages 29-61
  4. Indonesia

    • Euis Nurlaelawati
    Pages 63-80
  5. Iraq

    • Harith Al-Dabbagh
    Pages 81-119
  6. Jordan

    • Dörthe Engelcke
    Pages 121-143
  7. Lebanon

    • Marie-Claude Najm
    Pages 145-168
  8. Pakistan

    • Ayesha Shahid, Isfandyar Ali Khan
    Pages 169-204
  9. Qatar

    • Anver M. Emon
    Pages 205-217
  10. South Africa

    • Najma Moosa
    Pages 219-257
  11. Tunisia

    • Souhayma Ben Achour
    Pages 259-284
  12. Synopsis

    • Nadjma Yassari, Lena-Maria Möller, Imen Gallala-Arndt
    Pages 325-353

About this book

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.

Editors and Affiliations

  • Max Planck Research Group: Changes in God’s Law—An Inner Islamic Comparison of Family and Succession Laws, Max Planck Institute for Comparative and International Private Law, Hamburg, Germany

    Nadjma Yassari, Lena-Maria Möller

  • Max Planck Institute for Social Anthropology, Halle, Germany

    Imen Gallala-Arndt

About the editors

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.

Bibliographic Information

  • Book Title: Parental Care and the Best Interests of the Child in Muslim Countries

  • Editors: Nadjma Yassari, Lena-Maria Möller, Imen Gallala-Arndt

  • DOI: https://doi.org/10.1007/978-94-6265-174-6

  • Publisher: T.M.C. Asser Press The Hague

  • eBook Packages: Law and Criminology, Law and Criminology (R0)

  • Copyright Information: T.M.C. Asser Press and the authors 2017

  • Hardcover ISBN: 978-94-6265-173-9Published: 29 March 2017

  • eBook ISBN: 978-94-6265-174-6Published: 17 March 2017

  • Edition Number: 1

  • Number of Pages: XVIII, 353

  • Topics: Private International Law, International & Foreign Law, Comparative Law

Buy it now

Buying options

eBook USD 139.00
Price excludes VAT (USA)
  • Available as EPUB and PDF
  • Read on any device
  • Instant download
  • Own it forever
Hardcover Book USD 179.99
Price excludes VAT (USA)
  • Durable hardcover edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Other ways to access