Filiation And The Protection Of Parentless Children

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Filiation and the Protection of Parentless Children

Author : Nadjma Yassari,Lena-Maria Möller,Marie-Claude Najm
Publisher : Springer
Page : 412 pages
File Size : 46,5 Mb
Release : 2019-07-03
Category : Law
ISBN : 9789462653115

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Filiation and the Protection of Parentless Children by Nadjma Yassari,Lena-Maria Möller,Marie-Claude Najm Pdf

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).

Filiation and the Protection of Parentless Children

Author : Nadjma Yassari
Publisher : Unknown
Page : 417 pages
File Size : 44,5 Mb
Release : 2019
Category : Ethnology
ISBN : 9462653127

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Filiation and the Protection of Parentless Children by Nadjma Yassari Pdf

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 country-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).--

FAMILY LAW NON-MUSLIM IN MALAYSIA: SECOND EDITION (IIUM PRESS)

Author : Norliah Ibrahim,Najibah Mohd Zin,Nora Abdul Hak,Roslina Che Soh,Noraini Md. Hashim,Azizah Mohd,Normi Abd. Malek,Mohd Hisham Mohd Kamal
Publisher : IIUM PRESS
Page : 556 pages
File Size : 43,9 Mb
Release : 2024-01-04
Category : Law
ISBN : 9789674913182

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FAMILY LAW NON-MUSLIM IN MALAYSIA: SECOND EDITION (IIUM PRESS) by Norliah Ibrahim,Najibah Mohd Zin,Nora Abdul Hak,Roslina Che Soh,Noraini Md. Hashim,Azizah Mohd,Normi Abd. Malek,Mohd Hisham Mohd Kamal Pdf

The second edition of Family Law (Non-Muslims) in Malaysia is generally an improved version from the. first edition which was published ten years ago and heavily referred to by law students as a textbook. It discusses the substantive family laws related to the non-Muslims in Malaysia which are based on the Law Reform (Marriage and Divorce) Act 1976- an􀀉 several other supplementary statutes. Besides updating the previous chapters on family law matters, the book updates the global concern on the appropriate law when dealing with family related disputes in the 21st century. The new topics on reconciliation and mediation are incorporated to emphasise the need for therapeutic intervention when dealing with personal relationships and encourage kindness even in the most difficult of circumstances which can have significant longer-term consequences and lead to higher levels of considerate behaviour. The philosophy of family, love and kindness must be well embraced by family law lawyers, judges and administrators of family law in the adjudication process. The book is jointly authored by family law lecturers at the Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia. It will benefit not only students, academics and practitioners, but also those in the legal fraternity and those who have interest in non-Muslims' family law in Malaysia. Finally, this book could not have been published without a great deal of help and encouragement from many sources.

Charity in Saudi Arabia

Author : Nora Derbal
Publisher : Cambridge University Press
Page : 369 pages
File Size : 51,7 Mb
Release : 2022-07-28
Category : History
ISBN : 9781316513477

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Charity in Saudi Arabia by Nora Derbal Pdf

An innovative study of charity practices in Saudi Arabia, focusing on ordinary Saudis who provide charity to the poor and needy.

The Asian Yearbook of Human Rights and Humanitarian Law

Author : Javaid Rehman,Ayesha Shahid,Steve Foster
Publisher : BRILL
Page : 417 pages
File Size : 43,7 Mb
Release : 2022-09-19
Category : Law
ISBN : 9789004520806

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The Asian Yearbook of Human Rights and Humanitarian Law by Javaid Rehman,Ayesha Shahid,Steve Foster Pdf

The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 6 is Essays in Honour of Professor Shaheen Sardar Ali.

Single Parents and Child Support Systems

Author : Kay Cook,Thomas Meysen,Adrienne Byrt
Publisher : Edward Elgar Publishing
Page : 247 pages
File Size : 55,8 Mb
Release : 2024-02-12
Category : Social Science
ISBN : 9781800882409

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Single Parents and Child Support Systems by Kay Cook,Thomas Meysen,Adrienne Byrt Pdf

Taking a novel approach to child support policy analysis, Single Parents and Child Support Systems locates the transfer of payments between separated parents within a wider social policy ecosystem and compares the political, institutional and administrative dimensions of child support policy enactment across the globe.

The Routledge Handbook of Religion, Gender and Society

Author : Caroline Starkey,Emma Tomalin
Publisher : Routledge
Page : 823 pages
File Size : 49,7 Mb
Release : 2021-12-30
Category : Religion
ISBN : 9780429883170

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The Routledge Handbook of Religion, Gender and Society by Caroline Starkey,Emma Tomalin Pdf

In an era which many now recognise as ‘post-secular’, the role that religions play in shaping gender identities and relationships has been awarded a renewed status in the study of societies and social change. In both the Global South and the Global North, in the 21st century, religiosity is of continuing significance, not only in people’s private lives and in the family, but also in the public sphere and with respect to political and legal systems. The Routledge Handbook of Religion, Gender and Society is an outstanding reference source to these key topics, problems and debates in this exciting subject area. Comprising over 40 chapters by a team of international contributors, the Handbook is divided into 3 parts: Critical debates for religions, gender and society: theories, concepts and methodologies Issues and themes in religions, gender and society Contexts and locations Within these sections, central issues, debates and problems are examined, including activism, gender analysis, intersectionality and feminism, oppression and liberation, equality, bodies and embodiment, space and place, leadership and authority, diaspora and migration, marriage and the family, generation and aging, health and reproduction, education, violence and conflict, ecology and climate change and the role of social media. The Routledge Handbook of Religion, Gender and Society is essential reading for students and researchers in religious studies and gender studies. The Handbook will also be very useful for those in related fields, such as cultural studies, area studies, politics, sociology, anthropology and history.

The HCCH 2019 Judgments Convention

Author : Matthias Weller,João Ribeiro-Bidaoui,Moritz Brinkmann,Nina Dethloff
Publisher : Bloomsbury Publishing
Page : 407 pages
File Size : 40,9 Mb
Release : 2023-05-18
Category : Law
ISBN : 9781509959556

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The HCCH 2019 Judgments Convention by Matthias Weller,João Ribeiro-Bidaoui,Moritz Brinkmann,Nina Dethloff Pdf

This book analyses, comments and further develops on the most important instrument of the Hague Conference on Private International Law (HCCH): the HCCH 2019 Judgments Convention. The HCCH Convention, the product of decades of work, will have a transformative effect on global judicial cooperation in civil matters. This book explores its 'mechanics', i.e. the legal cornerstones of the new Convention (Part I), its prospects in leading regions of the world (Part II), and offers an overview and comment on its outlook (Part III). Drawing on contributions from world-leading experts, this magisterial and ambitious work will become the reference work for law-makers, judges, lawyers and scholars in the field of private international law.

Multicultural and Interreligious Perspectives on the Ethics of Human Reproduction

Author : Joseph Tham,Alberto Garcia Gómez,John Lunstroth
Publisher : Springer Nature
Page : 282 pages
File Size : 54,9 Mb
Release : 2022-01-03
Category : Social Science
ISBN : 9783030869380

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Multicultural and Interreligious Perspectives on the Ethics of Human Reproduction by Joseph Tham,Alberto Garcia Gómez,John Lunstroth Pdf

This book includes a number of distinct religious and secular views on the anthropological, ethical and social challenges of reproductive technologies in the light of human rights and in the context of global bioethics. It includes contributions of bioethics experts from six major religions—Buddhism, Confucianism, Christianity, Islam, Hinduism and Judaism—as well as secular authors. The chapters include commentaries discussing the content cross-religious/secular tradition to give a comparative perspective. Not only the volume editors but also the contributing authors took part in reviewing each others’ chapter making this a unique collected volume, not common in interreligious dialogue today. This text appeals to researchers and students working in the fields of bioethics and religious/secular studies.

Global Dynamics of Shi'a Marriages

Author : Yafa Shanneik,Annelies Moors
Publisher : Rutgers University Press
Page : 175 pages
File Size : 42,9 Mb
Release : 2021-10-15
Category : Family & Relationships
ISBN : 9781978818460

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Global Dynamics of Shi'a Marriages by Yafa Shanneik,Annelies Moors Pdf

This edited volume brings together contributions of authors who engage with the marriages of Twelver Shi'a Muslims in Iran, Pakistan, Oman, Indonesia, Norway, and the Netherlands. With the wide geographical spread, the book offers the first comparative study of the diverse ways in which Shi'a Muslims enter into marriage.

Teaching Family Law

Author : Henry Kha,Mark Henaghan
Publisher : Taylor & Francis
Page : 176 pages
File Size : 48,7 Mb
Release : 2023-08-25
Category : Education
ISBN : 9781000931884

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Teaching Family Law by Henry Kha,Mark Henaghan Pdf

This book provides a comprehensive analysis of the teaching of an eclectic range of family law topics and the unique opportunities and challenges of teaching family law in different jurisdictions from a varied international perspective. Written by leading legal scholars, the book addresses a gap in the scholarship to comprehensively and systematically analyse the teaching of family law. The first part of the book explores ways of teaching the varied range of topics under the heading of family law and captures the diverse approaches to the discipline. Chapters illustrate how the subject can be best taught in an interdisciplinary way that considers feminist perspectives and the philosophy of teaching, while encompassing legal positivism, empirical research and critical legal theory. The second part of the book examines teaching in different jurisdictions and illustrates policy and practice in Australia, New Zealand, the United States, Canada, the United Kingdom, Hong Kong and South Africa. Showcasing examples of best practice of teaching family law, the book will be an essential reading for legal scholars, as well as researchers and postgraduate students in the fields of family law and legal education.

Sextarianism

Author : Maya Mikdashi
Publisher : Stanford University Press
Page : 349 pages
File Size : 49,5 Mb
Release : 2022-05-03
Category : History
ISBN : 9781503631564

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Sextarianism by Maya Mikdashi Pdf

The Lebanese state is structured through religious freedom and secular power sharing across sectarian groups. Every sect has specific laws that govern kinship matters like marriage or inheritance. Together with criminal and civil laws, these laws regulate and produce political difference. But whether women or men, Muslims or Christians, queer or straight, all people in Lebanon have one thing in common—they are biopolitical subjects forged through bureaucratic, ideological, and legal techniques of the state. With this book, Maya Mikdashi offers a new way to understand state power, theorizing how sex, sexuality, and sect shape and are shaped by law, secularism, and sovereignty. Drawing on court archives, public records, and ethnography of the Court of Cassation, the highest civil court in Lebanon, Mikdashi shows how political difference is entangled with religious, secular, and sexual difference. She presents state power as inevitably contingent, like the practices of everyday life it engenders, focusing on the regulation of religious conversion, the curation of legal archives, state and parastatal violence, and secular activism. Sextarianism locates state power in the experiences, transitions, uprisings, and violence that people in the Middle East continue to live.

Routledge Handbook on Women in the Middle East

Author : Suad Joseph,Zeina Zaatari
Publisher : Taylor & Francis
Page : 883 pages
File Size : 51,7 Mb
Release : 2022-12-30
Category : Social Science
ISBN : 9781351676434

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Routledge Handbook on Women in the Middle East by Suad Joseph,Zeina Zaatari Pdf

The Routledge Handbook on Women in the Middle East provides an overview of the key historical, social, economic, political, religious, and cultural issues which have shaped the conditions and status of women in the region. The book is divided into eleven thematic sections, providing a comprehensive guide to understanding the current and historical contexts of women in the Middle East, each giving ground-breaking insights into various aspects of women’s movements: The importance of historical context, including pre-Islamic through post-colonial histories The importance of politics and the state in understanding women in the ME Women’s roles in political and social movements The impacts of the formal and informal economies and education on women of the region Women’s spaces and the creation of publics and counterpublics The effects of war, displacement, and other forms of gendered violence Women, family, and the state Discourses and practices of religion Women and health practices Bodies and sexualities Women and sites of cultural production A unique overview of cutting-edge research in the key arenas of pre-Islamic to post-colonial histories, this Handbook will affect the way future generations of scholars engage with and add to the vast repository of socio-political studies of the Middle East. It will thus be of interest to researchers in gender studies, women’s studies, pre-Islamic and post-colonial studies, feminist studies, and socio-political and socio-economic studies.

Muslim Marriage and Non-Marriage

Author : Julie McBrien,Annelies Moors
Publisher : Leuven University Press
Page : 346 pages
File Size : 55,6 Mb
Release : 2023-11-09
Category : Social Science
ISBN : 9789462703810

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Muslim Marriage and Non-Marriage by Julie McBrien,Annelies Moors Pdf

Unconventional Muslim marriages have been topics of heated public debate. Around the globe, religious scholars, policy makers, political actors, media personalities, and women’s activists discuss, promote, or reject unregistered, transnational, interreligious and other boundary-crossing marriages. Couples entering into such marriages, however, often have different concerns from those publicly discussed. Based on ethnographic research in Europe, the Middle East, North Africa and Asia, the chapters of this volume examine couples’ motivations for, aspirations about, and abilities to enter into these marriages. The contributions show the diverse ways in which such marriages are concluded, and inquire into how they are performed, authorized or contested as Muslim marriages. These marriages may challenge existing ties of belonging and transform boundaries between religious and other communities, but they may also, and sometimes simultaneously, reproduce and solidify them. Building on insights from different disciplines, both from the social sciences (anthropology, political science, gender and sexuality studies) and from the humanities (history, Islamic legal studies, religious studies), the authors address a wide range of controversial Muslim marriages (unregistered, interreligious, transnational, etc.), and include the views of religious scholars, state authorities, and political actors and activists, as well as the couples themselves, their families, and their wider social circle.

Routledge Handbook of Citizenship in the Middle East and North Africa

Author : Roel Meijer,James N. Sater,Zahra R. Babar
Publisher : Routledge
Page : 576 pages
File Size : 47,8 Mb
Release : 2020-11-23
Category : Political Science
ISBN : 9780429603280

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Routledge Handbook of Citizenship in the Middle East and North Africa by Roel Meijer,James N. Sater,Zahra R. Babar Pdf

This comprehensive Handbook gives an overview of the political, social, economic and legal dimensions of citizenship in the Middle East and North Africa from the nineteenth century to the present. The terms citizen and citizenship are mostly used by researchers in an off-hand, self-evident manner. A citizen is assumed to have standard rights and duties that everyone enjoys. However, citizenship is a complex legal, social, economic, cultural, ethical and religious concept and practice. Since the rise of the modern bureaucratic state, in each country of the Middle East and North Africa, citizenship has developed differently. In addition, rights are highly differentiated within one country, ranging from privileged, underprivileged and discriminated citizens to non-citizens. Through its dual nature as instrument of state control, as well as a source of citizen rights and entitlements, citizenship provides crucial insights into state-citizen relations and the services the state provides, as well as the way citizens respond to these actions. This volume focuses on five themes that cover the crucial dimensions of citizenship in the region: Historical trajectory of citizenship since the nineteenth century until independence Creation of citizenship from above by the state Different discourses of rights and forms of contestation developed by social movements and society Mechanisms of inclusion and exclusion Politics of citizenship, nationality and migration Covering the main dimensions of citizenship, this multidisciplinary book is a key resource for students and scholars interested in citizenship, politics, economics, history, migration and refugees in the Middle East and North Africa.