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

Family Law

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

By Nazia Yaqub
Hart Publishing October 2022

Specifications

ISBN-13
9781509939114
Publisher
Hart Publishing
Publication
October 2022
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

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.

Table of 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
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