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Filiation and the Protection of Parentless Children - Towards a Social Definition of the Family in Muslim Jurisdictions (Hardcover, 1st ed. 2019)
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Filiation and the Protection of Parentless Children - Towards a Social Definition of the Family in Muslim Jurisdictions (Hardcover, 1st ed. 2019)
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This book contains selected contributions presented during the
workshop "Establishing Filiation: Towards a Social Definition of
the Family in Islamic and Middle Eastern Law?", which was convened
in Beirut, Lebanon in November 2017. Filiation is a multifaceted
concept in Muslim jurisdictions. Beyond its legal aspect, it
encompasses the notion of inclusion and belonging, thereby holding
significant social implications. Being the child of someone,
carrying one's father's name, and inheriting from both parents form
important pillars of personal identity. This volume explores
filiation (nasab) and alternative forms of a full parent-child
relationship in Muslim jurisdictions. Eleven country reports
ranging from Morocco to Malaysia examine how maternal and paternal
filiation is established - be it by operation of the law, by the
parties' exercise of autonomy, such as acknowledgement, or by
scientific means, DNA testing in particular - and how lawmakers,
courts, and society at large view and treat children who fall
outside those legal structures, especially children born out of
wedlock or under dubious circumstances. In a second step,
alternative care schemes in place for the protection of parentless
children are examined and their potential to recreate a legal
parent-child relationship is discussed. In addition to the countr
y-specific analyses included in this book, three further
contributions explore the subject matter from perspectives of
premodern Sunni legal doctrine, premodern Shiite legal doctrine and
the private international law regimes of contemporary Arab
countries. Finally, a comparative analysis of the themes explored
is presented in the synopsis at the end of this volume. The book is
aimed at scholars in the fields of Muslim family law and
comparative family law and is of high practical relevance to legal
practitioners working in the area of international child law.
Nadjma Yassari is Leader of the Research Group "Changes in God's
Law: An Inner-Islamic Comparison of Family and Succession Law" at
the Max Planck Institute for Comparative and International Private
Law while Lena-Maria Moeller is a Senior Research Fellow at the Max
Planck Institute and a member of the same Research Group.
Marie-Claude Najm is a Professor in the Faculty of Law and
Political Science at Saint Joseph University of Beirut in Lebanon
and Director of the Centre of Legal Studies and Research for the
Arab World (CEDROMA).
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