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Parental Care and the Best Interests of the Child in Muslim Countries

Parental Care and the Best Interests of the Child in Muslim Countries PDF Author: Nadjma Yassari
Publisher: T.M.C. Asser Press
ISBN: 9789462651739
Category : Law
Languages : en
Pages : 353

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Book Description
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 Möller 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.

Parental Care and the Best Interests of the Child in Muslim Countries

Parental Care and the Best Interests of the Child in Muslim Countries PDF Author: Nadjma Yassari
Publisher: T.M.C. Asser Press
ISBN: 9789462651739
Category : Law
Languages : en
Pages : 353

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Book Description
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 Möller 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.

Parental Care and the Best Interests of the Child in Muslim Countries

Parental Care and the Best Interests of the Child in Muslim Countries PDF Author: Nadjma Yassari
Publisher: Springer
ISBN: 9462651744
Category : Law
Languages : en
Pages : 353

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Book Description
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 Möller 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.

Intersemiotic Perspectives on Emotions

Intersemiotic Perspectives on Emotions PDF Author: Susan Petrilli
Publisher: Taylor & Francis
ISBN: 1000613216
Category : Language Arts & Disciplines
Languages : en
Pages : 376

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Book Description
This edited volume explores emotion and its translations through the global world from a variety of different perspectives, as a personal, socio-cultural, ideological, political, and even business investment in the latest phases of globalisation. Emotions are powerful in engaging or disengaging individuals, communities, the masses, peoples and nations with distinct linguistic and cultural backgrounds for good, but especially for evil. All depends on how emotions are interpreted, that is translated in "words" or in "facts", in any case in "signs". Semiotic reflection on emotions and their interpretation/translation is thus of essential importance. An adequate understanding of emotional phenomena and their complexities calls for different views which together reveal and illustrate inconsistencies in our modern life. The contributors argue that an investigation of types of emotional translation – linguistic and non-linguistic, audio-visual, theatrical, literary, racial, legal, architectural, political, and so forth – can contribute to a better understanding of emotions and how they are exploited to engender injustice, unfairness, absurdity in contemporary life. However, emotions can also be exploited and oriented – and this is the intent of our authors – to favour the development of sustainable multicultural societies and facilitate living together. A fantastic reference for students and scholars in translation, semiotics, language and cultural studies around the world.

Parental Child Abduction to Islamic Law Countries

Parental Child Abduction to Islamic Law Countries PDF Author: Nazia Yaqub
Publisher: Bloomsbury Publishing
ISBN: 1509939121
Category : Law
Languages : en
Pages : 249

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Book Description
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.

Changing God's Law

Changing God's Law PDF Author: Nadjma Yassari
Publisher: Routledge
ISBN: 131716864X
Category : Law
Languages : en
Pages : 302

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Book Description
This volume identifies and elaborates on the significance and functions of the various actors involved in the development of family law in the Middle East. Besides the importance of family law regulations for each individual, family law has become the battleground of political and social contestation. Divided into four parts, the collection presents a general overview and analysis of the development of family law in the region and provides insights into the broader context of family law reform, before offering examples of legal development realised by codification drawn from a selection of Gulf states, Iran, and Egypt. It then goes on to present a thorough analysis of the role of the judiciary in the process of lawmaking, before discussing ways the parties themselves may have shaped and do shape the law. Including contributions from leading authors of Middle Eastern law, this timely volume brings together many isolated aspects of legal development and offers a comprehensive picture on this topical subject. It will be of interest to scholars and academics of family law and religion.

The Organization of Islamic Cooperation and Human Rights

The Organization of Islamic Cooperation and Human Rights PDF Author: Marie Juul Petersen
Publisher: University of Pennsylvania Press
ISBN: 0812251199
Category : Political Science
Languages : en
Pages : 344

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Book Description
Established in 1969, the Organization of Islamic Cooperation (OIC) is an intergovernmental organization the purpose of which is the strengthening of solidarity among Muslims. Headquartered in Jeddah, the OIC today consists of fifty seven states from the Middle East, Asia, Africa, and Latin America. The OIC's longevity and geographic reach, combined with its self-proclaimed role as the United Nations of the Muslim world, raise certain expectations as to its role in global human rights politics. However, to date, these hopes have been unfulfilled. The Organization of Islamic Cooperation and Human Rights sets out to demonstrate the potential and shortcomings of the OIC and the obstacles on the paths it has navigated. Historically, the OIC has had a complicated relationship with the international human rights regime. Palestinian self-determination was an important catalyst for the founding of the OIC, but the OIC did not develop a comprehensive human rights approach in its first decades. In fact, human rights issues were rarely, if at all, mentioned at the organization's summits or annual conferences of foreign ministers. Instead, the OIC tended to focus on protecting Islamic holy sites and strengthening economic cooperation among member states. As other international and regional organizations expanded the international human rights system in the 1990s, the OIC began to pay greater attention to human rights, although not always in a manner that aligned with Western conceptions. This volume provides essential empirical and theoretical insights into OIC practices, contemporary challenges to human rights, intergovernmental organizations, and global Islam. Essays by some of the world's leading scholars examine the OIC's human rights activities at different levels—in the UN, the organization's own institutions, and at the member-state level—and assess different aspects of the OIC's approach, identifying priority areas of involvement and underlying conceptions of human rights. Contributors: Hirah Azhar, Mashood A. Baderin, Anthony Tirado Chase, Ioana Cismas, Moataz El Fegiery, Turan Kayaoglu, Martin Lestra, Ann Elizabeth Mayer, Mahmood Monshipouri, Marie Juul Petersen, Zeynep Şahin-Mencütek, Heiní Skorini, M. Evren Tok.

Filiation and the Protection of Parentless Children

Filiation and the Protection of Parentless Children PDF Author: Nadjma Yassari
Publisher: Springer
ISBN: 9462653119
Category : Law
Languages : en
Pages : 412

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Book Description
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 Möller 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).

The New Santri

The New Santri PDF Author: Norshahril Saat
Publisher: ISEAS-Yusof Ishak Institute
ISBN: 9814881481
Category : Social Science
Languages : en
Pages : 380

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Book Description
Just like the Gutenberg revolution in the fifteenth century, which led to the emergence of non-conventional religious authority in the Christian world, the current information technology revolution, particularly through mediums such as Facebook, Instagram, YouTube, and Twitter, has triggered the re-construction and decentralization of religious authority in Islam. New santri (pious individuals) and preachers emerged from the non-conventional religious educational system. They not only challenged the traditional authorities, but also redefine and re-conceptualize old religious terminologies, such as hijra and wasatiyya. This book explores the dynamics of religious authority in Indonesia with special attention to the challenges from the “new santri”. It is a rich and important book on religion. I recommend students of religion in Indonesia and other countries to read it. Ahmad Syafi’i Maarif Professor Emeritus of History at Yogyakarta State University An important and timely volume that addresses the changing nature of Islamic leadership in the world’s most popular Muslim country. This book debunks many (mis)perceptions that Indonesia Islam is monolithic. It also redefines dominant characterization of Islam by Orientalist scholars, such as santri and abangan Muslims. Haedar Nashir Chairman of Muhammadiyah This edited volume evaluates the new development of Islamic scholarship and authority in Indonesia. Things have changed significantly in recent times that make many observers and researchers wondering: has Indonesia moved from traditional authorities, mainstream Islamic organizations, and the established scholarship to the new actors, movements and platforms? Has the change occurs owing to the democratization and political reforms that took place in the last twenty years or are there other factors we need to take into account? The contributors in this book provide possible answers from many different areas and perspectives. It’s a must-read! Nadirsyah Hosen Monash University, Australia

The Elgar Companion to the Hague Conference on Private International Law

The Elgar Companion to the Hague Conference on Private International Law PDF Author: Thomas John
Publisher: Edward Elgar Publishing
ISBN: 1788976509
Category : Law
Languages : en
Pages : 544

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Book Description
This comprehensive Companion is a unique guide to the Hague Conference on Private International Law (HCCH). Written by international experts who have all directly or indirectly contributed to the work of the HCCH, this Companion is a critical assessment of, and reflection on, past and possible future contributions of the HCCH to the further development and unification of private international law.

Normativity and Diversity in Family Law

Normativity and Diversity in Family Law PDF Author: Nadjma Yassari
Publisher: Springer Nature
ISBN: 303083106X
Category : Law
Languages : en
Pages : 377

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Book Description
With regard to family law, this volume examines claims based on cultural tradition, ethnic background, custom, religious affiliation and sexual orientation, as well as various other “claims” that are not officially recognized in state law, in 15 jurisdictions around the world. The country reports seek to determine whether these claims represent a challenge to family law as conceived by the state, and if so, how these challenges are being managed. The focus lies on the interaction between (i) claims and traditions raising minority-related and diversity-related issues and (ii) the state as the addressee of these demands for accommodation. The reports identify specific instances and situations that have proven (and in many cases still are) particularly difficult to resolve. They force decision-makers to engage in a delicate balancing act between different, often clashing interests.