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Parental Care and the Best Interests of the Child in Muslim Countries (Hardcover, 1st ed. 2017)
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Parental Care and the Best Interests of the Child in Muslim Countries (Hardcover, 1st ed. 2017)
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This book is the first analysis of parental care regimes in Muslim
jurisdictions, both in a comparative and country-specific sense. It
contains the proceedings of a workshop on Parental Care and the
Best Interests of the Child in Muslim Countries that the Max Planck
Research Group "Changes in God's Law: An Inner-Islamic Comparison
of Family and Succession Law" hosted in Rabat, Morocco in April
2015. This workshop saw a total of 15 country reports presented on
questions of custody, guardianship and their development within
different Muslim jurisdictions (ranging from Indonesia to Morocco),
a number of which are included in full in the book. Each of these
country reports contains a historical perspective on the evolution
of domestic rules regarding custody and guardianship, and on the
introduction and development of the notion of the best interests of
the child. Most importantly, the prevailing legal norms, both
substantive and procedural, are explored and particular attention
is given to legal practice and the role of the judiciary. In
addition to a selection of country reports from the workshop, the
volume includes two comparative analyses on questions of parental
care in both public and private international law. With a high
practical relevance for legal practitioners working in the area of
cross-border custody disputes and the most up-to-date assessment of
parental care regimes beyond a pure analysis of statutory law, this
book combines a number of country reports authored by experts who
have worked or are still based in the respective countries they are
reporting on and thus contains in-depth discussions of legal
practice and custody law in action. Nadjma Yassari is Director of
the Research Group "Changes in God's Law: An Inner-Islamic
Comparison of Family and Succession Law" while Lena- Maria Moeller
and Imen Gallala-Arndt are Senior Research Fellows at the Max
Planck Institute for Comparative and International Private Law in
Hamburg and the Max Planck Institute for Social Anthropology in
Halle respectively.
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