The book “Parental Care and the Best Interests of the Child in Muslim Countries” is the first publication to provide a comparative and cross-national analysis of parental care regimes in Islamic countries. The book is edited by Priv.-Doz. Dr. Nadjma Yassari, director of the research group “Changes in God’s Law: An Inner-Islamic Comparison of Family and Succession Laws” at the Max Planck Institute for Comparative and International Private Law, together with Dr. Lena-Maria Möller, a senior research fellow in the same research group, and Dr. Imen Gallala-Arndt of the Max Planck Institute for Social Anthropology. It compiles the results of a workshop on parental care held by the research group together with legal and Islamic studies scholars in Rabat, Morocco in April 2015. Drawing on the example of ten Islamic countries – from Indonesia to Morocco – the volume analyses the emergence and evolution of the notion of the best interests of the child and investigates the question of whether and to what extent international conventions on the rights of the child have impacted the development of parental care regimes in Islamic countries. In particular, it examines the prevailing legal norms, both substantive and procedural. Special attention is also given to legal practice and the role of the judiciary. In addition to the country reports, the book also includes two comparative analyses on questions of parental care in both public and private international law. With its up-to-date assessment of parental care regimes in Islamic countries, which extends far beyond a pure analysis of statutory law, the book is of high practical relevance for legal practitioners working in the area of cross-border custody disputes.

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An edited volume based on the international conference “The Dynamics of Legal Development in Islamic Countries”, held in 2013 at the Max Planck Institute for Comparative and International Private Law in Hamburg. The publication edited by Nadjma Yassari shows the various developments within the field of family law that can currently be observed as a result of the social changes taking place in Islamic countries. The 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.

The central theme of the volume is cultural diversity, a vast subject that is highly relevant today. The particular focus here is on the many ways in which this diversity is managed within the framework of State law. The twelve contributors to this book have a special interest in how cultural traditions and their various forms of expression are handled by the law. They were all participants in the 2009 Research Programme of the Centre for Studies and Research of the Hague Academy of International Law. The breadth of the subject is reflected in the wide spectrum of perspectives from which the topic has been explored. Starting in each case from the existing State and international legal frameworks, the contributors explore how the interactions between positive law and other normative orders can be placed at the service of a legal system that is as fair as possible within a plural context.

The dower (mahr) is a central element of classical Islamic marriage law and vests wives with a property law claim valid against their husbands. It is an institution unknown to German law, yet German judges often must rule on dower claims when they are raised in German courts. In her monograph “Die Brautgabe im Familienvermögensrecht – Innerislamischer Rechtsvergleich und Integration in das deutsche Recht” (The Dower in Family Property Law – Inner-Islamic Comparison and Incorporation in German Law), Nadjma Yassari considers the legal institute of the dower from three different perspectives: in classical Islamic law, in the contemporary law of selected Islamic countries, and in German law. The function of the dower within the marital property law thus stands as a focal point of the work. Nadjma Yassari, who has since 2009 headed the Max Planck Research Group “Changes in God’s Law: An Inner-Islamic Comparison of Family and Succession Law”, explores in her monograph the foundations and historical development of the Islamic dower (mahr) and considers it in the context of the family property law of Egypt, Iran, Pakistan and Tunisia. While property law relations between spouses have been the subject of continual development, the impact of these reforms has been weak: the principle of post-marital solidarity is only marginally anchored and a significant social safety net does not exist. As a consequence, the dower continues to play an important role in filling gaps in financial and social support. In light of this appreciation, the work continues on to address the incorporation of the mahr into private international law and German family law.

Publisher version (DOI)

Publisher version (DOI)

Publisher version (DOI)

Publisher version (DOI)

Max Planck Private Law Research Paper No. 16/4 (Publisher version)

https://www.juris.de/perma?d=jzs-FAMRZ-2017-18-1490-1-L-02 (Fulltext)

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http://verfassungsblog.de/wie-privat-darf-die-scheidung-sein/ (Fulltext)

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https://lt.org/publication/how-principle-best-interests-child-applied-islamic-family-law (Publisher version)