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

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

Author: Nazia Yaqub
Publisher: Hart Publishing
ISBN: 9781509963447

Published In: April 2024
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509939114

List Price: $72.65

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Description
Contents

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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.

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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