Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-22dnz Total loading time: 0 Render date: 2024-04-27T06:51:17.457Z Has data issue: false hasContentIssue false

6 - Private International Law, Muslim Family Law States, and Strategic Jurisdiction

from Part II

Published online by Cambridge University Press:  23 July 2021

Anver M. Emon
Affiliation:
University of Toronto
Urfan Khaliq
Affiliation:
Cardiff University
Get access

Summary

Chapter 6 examines the Muslim Family Laws of the United Arab Emirates, Tunisia, and Malaysia in light of their jurisprudence on jurisdiction. The selection of these states represents a geographically, culturally, and legally diverse sample, across which Islamic Law remains legally relevant. The chapter examines how differing approaches to jurisdiction or child custody have been adopted and what the implications of these are or may be in the context of seeking to address international parental child abduction. The selected case studies highlight different approaches that lend themselves to finding solutions to addressing international parental child abductions. One matter that traverses all three case studies concerns the capacity of domestic judges, with subject matter jurisdiction on family law, to think jurisdictionally. As the case studies show, a key concern for policy-makers in Muslim Family Law States has been to consider a whole-of-law approach to jurisprudence. For others, the challenge lies in recognising the Muslim Family Law States as disaggregated institutionally, and to strategise approaches that are institution-specific.

Type
Chapter
Information
Jurisdictional Exceptionalisms
Islamic Law, International Law and Parental Child Abduction
, pp. 296 - 330
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×