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Parental Child Abduction to Islamic Law Countries: A Child Rights Analysis of the Legal Framework


ISBN13: 9781509963447
Published: April 2024
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2022)
Price: £41.99
Hardback edition , ISBN13 9781509939114



Low stock.

As the world becomes smaller, family law is becoming truly global, giving rise to more and more questions for private international law. This book looks at the sensitive and complex question of child abduction, with a unique children's right perspective. Taking Islamic law as its case study, it delves into child abduction in key jurisdictions from Iran to Saudi Arabia and Libya to Pakistan. Rigorous doctrinal analysis is enhanced by empirical insights, namely interviews with abductees, parents and professionals. It is an excellent guide to a complicated field.

Subjects:
Family Law
Contents:
1. Introduction
I. Islamic Law Countries as a Focus
II. The Abducted Child as a Focus
III. A Children's Rights-Based Approach
IV. Methodological Approach
Dataset
Diversity of Islamic Law Countries
The Limitations of this Methodology
V. The Parameters and Overview of this Text

2. The Importance of Children's Rights to the Regulation of Parental Child Abduction
I. A Children's Rights-Based Approach Requires the Hague Convention to be Interpreted as a Children's Rights Instrument
II. Embedding Children's Rights to Correctly Apply the Hague Convention
III. Morocco: A Case Study
IV. Conclusion
3. In the Best Interests of the Abducted Child

I. Introducing Samir, Yasmin, Jamal and Daniel
II. The Principle of the Best Interests of the Child and the Law on Cross-Border Parental Abduction
III. How the Domestic Islamic Law Framework Responds to Cases of Parental Child Abduction from the UK
IV. How the Hague Regime Fares as an Alternative to Upholding the Article 3 CRC Right of Children Abducted
to Islamic Law Countries
V. Best Interests of the Child as a Rule of the Procedure
VI. Conclusion

4. The Child's Voice in Abduction Proceedings
I. An Abducted Child's Right to be Heard: Article 12 CRC
II. A Child's Right to Autonomy in Decision-Making: Islamic Court Proceedings
III. A Child's Right to Participate: Hague Proceedings
IV. Conclusion

5. The Abducted Child's Right to Non-Discrimination
I. The Legal Framework on Non-Discrimination
II. Gender Discrimination, Islamic Law and the Abducted Child: A Conceptual and Contextual Analysis
III. The Challenge of Gender Discrimination in Cases of Parental Abduction
IV. Solutions to Gender Discrimination in Parental Child Abduction Law
V. How Will the Hague Convention Respond to the Cases of Miriam, Ryan and Aliyah?
VI. Conclusion

6. Conclusion
I. Does the Legislation Responding to Parental Abduction Uphold Children's Rights?
II. Does the Legislation Grant the Judiciary Discretion to Interpret Parental Abduction Law in a Manner Consistent With Children's Rights?
III. What Developments in the Law are Needed to Centralise the Rights of the Child in a Parental Abduction Context?
IV. Future Implications of the Research: Child Abduction Law as a Living Instrument

Series: Studies in Private International Law

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Edited by: Anselmo Reyes
ISBN 9781509924257
Published September 2019
Hart Publishing
£150.00
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ISBN 9781509924271
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The Choice of Law Contract ISBN 9781509926800
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Published December 2018
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Electronic Consumer Contracts in the Conflict of Laws 2nd ed ISBN 9781509920105
Published January 2018
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Cross-Border Litigation in Europe (eBook) ISBN 9781782256779
Published November 2017
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Cross-Border Litigation in Europe ISBN 9781782256762
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The Nature and Enforcement of Choice of Court Agreements: A Comparative Study ISBN 9781509914494
Published October 2017
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Maintenance And Child Support in Private International Law ISBN 9781509915507
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The Choice of Law Contract ISBN 9781849467643
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The Choice of Law Contract (eBook) ISBN 9781509901029
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ISBN 9781509909285
Published August 2016
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Maintenance And Child Support in Private International Law ISBN 9781849467179
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Recovery of Maintenance in the EU and Worldwide
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ISBN 9781782254690
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Published November 2013
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ISBN 9781849462310
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Mediating International Child Abduction Cases: The Hague Convention ISBN 9781849461818
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Cases and Materials on EU Private International Law ISBN 9781849460279
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Electronic Consumer Contracts in the Conflict of Laws ISBN 9781841138473
Published September 2009
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Publication Abandoned