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Jurisdictional Exceptionalisms - Islamic Law, International Law and Parental Child Abduction (Hardcover)
Loot Price: R2,796
Discovery Miles 27 960
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Jurisdictional Exceptionalisms - Islamic Law, International Law and Parental Child Abduction (Hardcover)
Series: Law in Context
Expected to ship within 12 - 17 working days
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Jurisdictional Exceptionalisms examines the legal issues associated
with a parent's forced removal of their children to reside in
another country following relationship dissolution or divorce.
Through an analysis of Public and Private International Laws, and
Islamic law - historical and as implemented in contemporary Muslim
Family Law States - the authors uncover distinct legal lexicons
that centre children's interests in premodern Islamic legal
doctrines, modern State practice, and multilateral conventions on
children. While legal advocates and policy makers pursue global
solutions to parental child abduction, this volume identifies
fundamental obstacles, including the absence of shared
understandings of jurisdiction. By examining the relevant law and
practice, the study exposes the polarised politics embedded in the
technical legal rules on jurisdiction. Presenting a new, innovative
method in comparative legal history, the book examines the beliefs,
values, histories, doctrines, institutions and practices of legal
systems presumed to be in conflict with one another.
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