Muslimische Migrantenfamilien Im Deutschen Sorge Und Umgangsverfahren


Muslimische Migrantenfamilien Im Deutschen Sorge Und Umgangsverfahren
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Muslimische Migrantenfamilien Im Deutschen Sorge Und Umgangsverfahren


Muslimische Migrantenfamilien Im Deutschen Sorge Und Umgangsverfahren
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Author : Alexander Collo
language : de
Publisher: Nomos Verlag
Release Date : 2021-07-05

Muslimische Migrantenfamilien Im Deutschen Sorge Und Umgangsverfahren written by Alexander Collo and has been published by Nomos Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-05 with Law categories.


Kindschaftssachen mit muslimischen Migrantenfamilien nehmen in der Praxis deutscher Familiengerichte eine zunehmend wichtigere Rolle ein. Häufig sind die Rechtsanwender aufgrund zahlreicher Besonderheiten und kultureller Vorprägungen der Beteiligten mit einem erheblichen Informationsdefizit konfrontiert, das den Verfahrensablauf massiv beeinträchtigen kann. Das vorliegende Werk nimmt das islamische Kindschaftsrecht unter besonderer Berücksichtigung der Länder Syrien und Afghanistan in den Blick und vergleicht dieses System mit dem deutschen Kindschaftsrecht. Aufbauend hierauf stellt die Arbeit Lösungsansätze für die deutschen Rechtsanwender vor, um Sorge- und Umgangsverfahren mit muslimischen Migrantenfamilien zielführend zu behandeln.



Knowing Our Rights


Knowing Our Rights
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Author : International Solidarity Network
language : en
Publisher:
Release Date : 2006

Knowing Our Rights written by International Solidarity Network and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Domestic relations categories.




Private International Law


Private International Law
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Author : Sai Ramani Garimella
language : en
Publisher: Springer
Release Date : 2017-01-19

Private International Law written by Sai Ramani Garimella and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-19 with Law categories.


This book shows how, with the increasing interaction between jurisdictions spearheaded by globalization, it is gradually becoming impossible to confine transactions to a single jurisdiction. Presented in the form of a compendium of essays by eminent academics and practitioners in the field, it provides a detailed overview of private, international law practice in South Asian nations, addressing contemporary discourse within this knowledge domain. Conflict of laws/private international law arises from the universal acknowledgment that it is difficult to govern human transactions solely by the local law. The research presented addresses the three major threads of private international law – jurisdiction, choice of law and enforcement – within each of the South Asian countries in the areas of family law and commercial law. The research in family law domain includes traditional areas such as marriage, divorce and maintenance, as well as some of the contemporary concerns in this region – inter-country child retrieval, surrogacy, and the country statement on accession to the Hague Conventions related to this domain. In commercial law the research explores the concerns raised with regard to choice of law issues in transnational contracts, and also enforcement of foreign judgment/arbitral awards in the nations of this region.



Legal Pluralism In The Arab World


Legal Pluralism In The Arab World
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Author : Badouin Dupret
language : en
Publisher: BRILL
Release Date : 2023-03-20

Legal Pluralism In The Arab World written by Badouin Dupret and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-20 with Law categories.


Legal pluralism denotes both the multiple social fields which produce partilly interacting norms and the state's recognition of the many sources of law which constitute its legislation. It advocates a break from traditional legal theory in favour of describing the law from a more sociological and anthropological perspective. The theory of legal pluralism proves a useful tool, offering a challenging avenue for the examination of socio-legal activities. Too often, however, the literature on legal pluralism has failed to place sufficient emphasis on its fundamental theoretical questions. The result of a seminar held in Cairo in December 1996 with contributions by sociologists, anthropologists, political scientists, legal theoreticians, and practising lawyers, Legal Pluralism in the Arab World represents the first comprehensive examination of this phenomenon. This collection of essays attempts to define the notion of legal pluralism from a sociological, anthropological, and theoretical perspective and highlights its connection with particular Arab societies and countries. The work's unique features include * a preface by John Griffiths, one of the most significant voices in the formulation of the theory of legal pluralism; * a broad range of case studies, demonstrating the diversity in formulations of the theory; and * a wide variety of approaches to the subject matter. Legal Pluralism in the Arab World is the only work in existence which addresses the concept of legal pluralism in this particular part of the world in such a systematic manner. These essays significantly enrich the current canon on legal pluralism and offer the reader a unique example of its richness and usefulness.



Muslim Divorce In The Middle East


Muslim Divorce In The Middle East
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Author : Jessica Carlisle
language : en
Publisher: Springer
Release Date : 2018-06-28

Muslim Divorce In The Middle East written by Jessica Carlisle and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-28 with Political Science categories.


How have Muslim marriages legally ended around the turn of the 21st century? Who has the power to initiate and resist shari‘a derived divorce? When are husbands and wives made to bear the costs of their marital breakdown? What does divorce law indicate about the development of gender regimes in the Middle East and North Africa? This book opens with a description of the historical development of Islamic divorce in the MENA. Subsequent chapters follow a Syrian male judge, a Moroccan female legal advice worker and a Libyan female judge as they deal with divorce cases in which husbands, wives, their relatives and lawyers debate gender roles in contemporary Muslim marriages. MENA ‘state feminism’ has increasingly equalized men’s and women’s access to divorce and encouraged discussions about how spouses should treat each other in marriage. The real life outcomes of these reforms have often been surprising. Moreover, as the last chapter explores, jihadi proto-states (such as Islamic State) have violently rejected state feminist divorce law reform. This accessible book will appeal to students, researchers and a general readership interested in Islamic law; Middle Eastern studies; gender and sexuality; and, legal and social anthropology.



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


Parental Care And The Best Interests Of The Child In Muslim Countries
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Author : Nadjma Yassari
language : en
Publisher: T.M.C. Asser Press
Release Date : 2017-03-29

Parental Care And The Best Interests Of The Child In Muslim Countries written by Nadjma Yassari and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-29 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.



Family Religion And Law


Family Religion And Law
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Author : Dr Prakash Shah
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2014-06-28

Family Religion And Law written by Dr Prakash Shah and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-28 with Law categories.


This collection discusses how official legal systems do and should respond to the reality of a plurality of family types and origins within their jurisdictions. It further examines the challenges that arise for practitioners, including lawyers and judges, when faced with such plurality. Focussing on empirical research, the volume presents legal and sociological data of unprecedented comparative depth. It also includes a discussion of how members of minority families respond to the need to organise their legal relationships, and to resolve their disputes in the shadow of official legal systems which differ from those of their familial and communal traditions. The work invites reflection, and demonstrates the urgency and complexity of the questions regarding the search for justice in the field of family life in Europe today.



Dispensing Justice In Islam


Dispensing Justice In Islam
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Author : Muḥammad K̲ālid Masud
language : en
Publisher: BRILL
Release Date : 2006

Dispensing Justice In Islam written by Muḥammad K̲ālid Masud and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Religion categories.


Dispensing Justice is designed to serve as a sourcebook of Islamic judicial practice and qadi judgments from the rise of Islam to modern times, drawing upon court records and qadi court records, in addition to literary sources. The volume fills a large gap in Islamic legal history. "Dispensing Justice" is designed to serve as a source book of Islamic judicial practice from the rise of Islam to modern times, drawing upon legal documents, qadi court records, archival marerials and literary souces. The volume fills a large ap in our understanding of Islamic legal history. (modified by Powers).



Family Law In Islam


Family Law In Islam
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Author : Maaike Voorhoeve
language : en
Publisher: I.B. Tauris
Release Date : 2016-03-18

Family Law In Islam written by Maaike Voorhoeve and has been published by I.B. Tauris this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-18 with Religion categories.


In both the West and throughout the Muslim world, Islamic family law is a highly and hotly debated topic. In the Muslim World, the discussions at the heart of these debates are often primarily concerned with the extent to which classical Islamic family law should be implemented in the national legal system, and the impact this has on society. Family Law in Islam highlights these discussions by looking at public debates and legal practice. Using a range of contemporary examples, from polygamy to informal marriage (zawaj 'urfi), and from divorce with mutual agreement (khul') to judicial divorce (tatliq), this wide-ranging and penetrating volume explores the impact of Islamic law on individuals, families and society alike from Morocco to Egypt and from Syria to Iran. It thus contains material of vital importance for researchers of Islamic Law, Politics and Society in the Middle East and North Africa."



Introduction To Middle Eastern Law


Introduction To Middle Eastern Law
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Author : Chibli Mallat
language : en
Publisher: OUP Oxford
Release Date : 2007-07-12

Introduction To Middle Eastern Law written by Chibli Mallat and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-07-12 with History categories.


This book provides an introduction to the laws of the Middle East, defining the contours of a field of study that deserves to be called 'Middle Eastern law'. It introduces Middle Eastern law as a reflection of legal styles, many of which are shared by Islamic law and the laws of Christian and Jewish Near Eastern communities. It offers a detailed survey of the foundations of Middle Eastern Law, using court archives and an array of legal sources from the earliest records of Hammurabi to the massive compendia of law in the Islamic classical age through to the latest decisions of Middle Eastern high courts. It focuses on the way legislators and courts conceive of law and apply it in the Middle East. It builds on the author's extensive legal practice, with the aim of introducing the Middle Eastern law's main sources and concepts in a manner accessible to non-specialist legal scholars and practitioners alike. The book begins with an exploration of the depth and variety of Middle Eastern law, introducing the concepts of shari'a, fiqh, and qanun, (which all mean 'law'), and dwelling on Islamic law as the 'common law' of the Middle East. It provides a historical introduction to the contemporary Middle East, exploring political systems, constitutional law, judicial review, the laws of tort and obligations, commercial law (including Islamic banking, company law, capital markets, and commercial arbitration); and examines legislative reform in family law and the position of women in the legal system. The author considers the interaction between Islamic and Western laws and includes a bibliography designed for further research into the jurisdictions and themes explored throughout the book.