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Jurisdictional Exceptionalisms Anver M. Emon (University of Toronto)

Jurisdictional Exceptionalisms By Anver M. Emon (University of Toronto)

Jurisdictional Exceptionalisms by Anver M. Emon (University of Toronto)

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Summary

This book will interest students and scholars examining the complex relations between the West and the so-called Muslim world. Using a specific legal issue, the study interrogates the broad topics of international law and Islamic law, demonstrating the exceptionalisms at play that make more general human rights debates so fraught.

Jurisdictional Exceptionalisms Summary

Jurisdictional Exceptionalisms: Islamic Law, International Law and Parental Child Abduction by Anver M. Emon (University of Toronto)

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.

Jurisdictional Exceptionalisms Reviews

'International parental child abduction is a global problem. It is the subject of the 1980 Hague Abduction Convention which is generally regarded as a successful international family law instrument and to which there are 101 Contracting States. However, very few of those States are what Emon and Khaliq describe as Muslim Family Law States. Furthermore, until now, there has been no extensive treatise examining the problem from an Islamic perspective. Judicial Exceptionalisms plugs this gap and provides a challenging analysis both of the problems that parental child abduction creates and of the difficulties that Muslim Family Law States face in acceding to the 1980 Convention. In its conclusion, the authors thoughtfully explore the options that Muslim Family Law States might adopt in going forward in reaching an international agreement on how to deal with abduction.' Nigel Lowe, QC (Hon), Emeritus Professor of Law, Cardiff University

About Anver M. Emon (University of Toronto)

Anver M. Emon is Professor and Canada Research Chair in Islamic Law and History at the University of Toronto, where he directs the Institute of Islamic Studies. A Guggenheim Fellow and member of the College of the Royal Society of Canada, he has published widely in Islamic law and history. Urfan Khaliq is Professor of International and European Laws and Head of School in the School of Law and Politics, Cardiff University. His publications include Ethical Dimensions of the Foreign Policy of the European Union: A Legal Appraisal (Cambridge, 2008) and International Human Rights Law Documents (Cambridge, 2018).

Table of Contents

Dedication; Preface and Acknowledgements; List of Abbreviations; 1. Introduction: Part I. 2. The Hague System on International Child Abduction; 3. Muslim Majority States, Human Rights Treaty Obligations and The Hague Abduction Convention; Part II. 4. Islamic Law and Child Custody; 5. Jurisdictional Exceptionalism and Islamic Law; 6. Private International Law, Islamic Family Law States, and Strategic Jurisdiction; 7. Conclusion; Bibliography; Index.

Additional information

NPB9781108837255
9781108837255
1108837255
Jurisdictional Exceptionalisms: Islamic Law, International Law and Parental Child Abduction by Anver M. Emon (University of Toronto)
Anver M. Emon (University of Toronto)
Law in Context
New
Hardback
Cambridge University Press
2021-08-12
312
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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