Jurisdictional exceptionalisms

Emon, Anver M. and Khaliq, Urfan ORCID: https://orcid.org/0000-0003-3009-0150 2021. Jurisdictional exceptionalisms. Law in Context, Cambridge: Cambridge University Press. 10.1017/9781108938693

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Abstract

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.

Item Type:	Book
Book Type:	Authored Book
Date Type:	Publication
Status:	Published
Schools:	Cardiff Law & Politics
Publisher:	Cambridge University Press
ISBN:	9781108837255
Last Modified:	09 Nov 2022 10:37
URI:	https://orca.cardiff.ac.uk/id/eprint/140114

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