Child Custody In Islamic Law

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Child Custody In Islamic Law

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Author : Ahmed Fekry Ibrahim
language : en
Publisher: Cambridge University Press
Release Date : 2018-08-09

Child Custody In Islamic Law written by Ahmed Fekry Ibrahim and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-09 with History categories.

A longitudinal history of Islamic child custody law, challenging Euro-American exceptionalism to reveal developments that considered the best interests of the child.

Parental Care And The Best Interests Of The Child In Muslim Countries

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Author : Nadjma Yassari
language : en
Publisher: Springer
Release Date : 2017-03-17

Parental Care And The Best Interests Of The Child In Muslim Countries written by Nadjma Yassari and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-17 with Law categories.

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.

Child Custody In Islamic Jurisprudence

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Author : Saeid Nazari Saeid Nazari Tavakkoli
language : en
Publisher:
Release Date : 2017-10-10

Child Custody In Islamic Jurisprudence written by Saeid Nazari Saeid Nazari Tavakkoli and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-10 with categories.

In this informative book written and compiled by Saeid Nazari Tavakkoli, we learn the many different laws on the rights of the mother, the father, the child, and their related topics such as breastfeeding, weaning, child custody in case of divorce, responsibilities of the parents, rules regarding abandoned children, and a great many other laws related to these very important topics according to Islamic Shia jurisprudence. Laws discussed in this book are based on the Quran, and Hadith of the Prophet (saws) and holy Ahlu-Bayt (as). Various fundamental opinions of other Islamic schools of thought are also mentioned herein and discussed.

Islamic Family Law In A Changing World

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Author : ʻAbd Allāh Aḥmad Naʻīm
language : en
Publisher: Zed Books
Release Date : 2002-08

Islamic Family Law In A Changing World written by ʻAbd Allāh Aḥmad Naʻīm and has been published by Zed Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-08 with Family & Relationships categories.

In "Islamic Family Law in a Changing World," Abdullahi A. An-Na'im explores the practice of the Shari'a, commonly known as Islamic Family Law. An-Na'im shows that the practical application of Shari'a principles is often modified by theological differences of interpretation, a country's particular customary practices, and state policy and law.

Filiation And The Protection Of Parentless Children

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Author : Nadjma Yassari
language : en
Publisher: Springer
Release Date : 2019-07-03

Filiation And The Protection Of Parentless Children written by Nadjma Yassari and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-03 with Law categories.

This book contains selected contributions presented during the workshop “Establishing Filiation: Towards a Social Definition of the Family in Islamic and Middle Eastern Law?”, which was convened in Beirut, Lebanon in November 2017. Filiation is a multifaceted concept in Muslim jurisdictions. Beyond its legal aspect, it encompasses the notion of inclusion and belonging, thereby holding significant social implications. Being the child of someone, carrying one’s father’s name, and inheriting from both parents form important pillars of personal identity. This volume explores filiation (nasab) and alternative forms of a full parent-child relationship in Muslim jurisdictions. Eleven country reports ranging from Morocco to Malaysia examine how maternal and paternal filiation is established – be it by operation of the law, by the parties’ exercise of autonomy, such as acknowledgement, or by scientific means, DNA testing in particular – and how lawmakers, courts, and society at large view and treat children who fall outside those legal structures, especially children born out of wedlock or under dubious circumstances. In a second step, alternative care schemes in place for the protection of parentless children are examined and their potential to recreate a legal parent-child relationship is discussed. In addition to the countr y-specific analyses included in this book, three further contributions explore the subject matter from perspectives of premodern Sunni legal doctrine, premodern Shiite legal doctrine and the private international law regimes of contemporary Arab countries. Finally, a comparative analysis of the themes explored is presented in the synopsis at the end of this volume. The book is aimed at scholars in the fields of Muslim family law and comparative family law and is of high practical relevance to legal practitioners working in the area of international child law. Nadjma Yassari is Leader of the Research Group “Changes in God’s Law: An Inner-Islamic Comparison of Family and Succession Law” at the Max Planck Institute for Comparative and International Private Law while Lena-Maria Möller is a Senior Research Fellow at the Max Planck Institute and a member of the same Research Group. Marie-Claude Najm is a Professor in the Faculty of Law and Political Science at Saint Joseph University of Beirut in Lebanon and Director of the Centre of Legal Studies and Research for the Arab World (CEDROMA).

Marriage On Trial

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Author : Ziba Mir-Hosseini
language : en
Publisher: Bloomsbury Publishing
Release Date : 2000-09-22

Marriage On Trial written by Ziba Mir-Hosseini and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-09-22 with Social Science categories.

Taking an inter-disciplinary approach which straddles law, anthropology sociology and women's studies, Mir-Hosseini shows how women can turn even the most patriarchal elements of Islamic law to their advantage and achieve their personal marital aims.

The Rulings On Marriage Divorce Custody And Adoption In Classical Islamic Law

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Author : Recep Dogan
language : en
Publisher:
Release Date : 2017-11-24

The Rulings On Marriage Divorce Custody And Adoption In Classical Islamic Law written by Recep Dogan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-24 with categories.

Marriage is an age-old social institution regulated by rulings that have been established according to society, culture and religion. Islam promotes marriage between a man and a woman as a lawful way for them to reproduce and satisfy their sexual desires. In Islam, men and women are equal and marriage affords a way for them to complete each other. Islam does not accept a celibate lifestyle as a way of being more pious, as this goes against the human nature ordained by God. Through marriage, men and women become a source of comfort, rest and happiness for each other.This book explains from a classical viewpoint the rulings on marriage, divorce, custody and other important topics regarding Islamic family law. It explains how the early scholars developed their juristic opinions regarding family law according to the needs of the Muslims of their time.This book is divided into 14 chapters, which explain various aspects of family law. The first chapter introduces family law and explains the goal of the book, marriage in its historical context, how Islamic law was established and how Muslim jurists develop their juristic opinions. The book gives information on key concepts such as the nikāḫ (marriage contract), the basic principles of marriage, the rules of engagement and the etiquette of the marital sexual relationship. In Islam there is specific legislation regarding who is lawful to marry and what type of marriage contracts are permitted. These topics are explained in two chapters, which include those who are unlawful to marry and forbidden marriage contracts. Another important topic that is dealt with is guardians, agency, and equality in marriage. After this, mahr (dowry) and its rulings are explained in detail from the classical viewpoint. The following chapters deal with the topics of the marriage of non-Muslims and their status in Islamic law; breastfeeding (raḏā) and its rulings; adoption in Islam and its relevance to contemporary Muslims; divorce, its mechanism and related rulings; custody, maintenance and alimony. These are all explained from the viewpoint of classical Islamic law. The final chapter discusses contemporary issues relevant to today's Muslims and offers some analysis and criticism as well as solutions.

Child Custody In Islamic Jurisprudence

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Author : Saeid Nazari Tavakkoli
language : en
Publisher: Createspace Independent Publishing Platform
Release Date : 2017-05-08

Child Custody In Islamic Jurisprudence written by Saeid Nazari Tavakkoli and has been published by Createspace Independent Publishing Platform this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-08 with categories.

This book is one of the many Islamic publications distributed by Mustafa Organization throughout the world in different languages with the aim of conveying the message of Islam to the people of the world. Mustafa Organization is a registered Organization that operates and is sustained through collaborative efforts of volunteers in many countries around the world, and it welcomes your involvement and support. Its objectives are numerous, yet its main goal is to spread the truth about the Islamic faith in general and the Shi`a School of Thought in particular due to the latter being misrepresented, misunderstood and its tenets often assaulted by many ignorant folks, Muslims and non-Muslims. Organization's purpose is to facilitate the dissemination of knowledge through a global medium, the Internet, to locations where such resources are not commonly or easily accessible or are resented, resisted and fought!

The Asian Yearbook Of Human Rights And Humanitarian Law

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Author :
language : en
Publisher: BRILL
Release Date : 2020-07-27

The Asian Yearbook Of Human Rights And Humanitarian Law written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-27 with Law categories.

The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 4 is India and Human Rights.

Muslim Family Law

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Author : David Pearl
language : en
Publisher:
Release Date : 1998

Muslim Family Law written by David Pearl and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Conflict of laws categories.

Providing the English reader with an introductory guide to the major aspects of Islamic law, this text places particular emphasis on the tensions between Muslim and English law. It discusses the sources of Islamic law, family inheritance, and contract and commercial law