Work

Child Law in Muslim Jurisdictions: the Role of the State in Establishing Filiation (nasab) and Protecting Parentless Children

Year: 2019

Type: article

Abstract: This special issue comprises some of the contributions to the workshop "Establishing Filiation: Towards a Social Denition of the Family?," which, under the auspices of the Max Planck Institute for Comparative and International Private Law, was convened at the German Orient Institute and the Université Saint-Joseph in Beirut, Lebanon, November 8-10, 2017.This was the second workshop of the Max Planck Working Group on Child Law in Muslim Countries, a community of scholars of law, Islamic studies, anthropology, and history that has come together to revisit the concepts of family, children's rights, and parenthood in Muslim and Middle Eastern jurisdictions.In the rst phase of the study, the working group explored the mechanism of custody and guardianship of children in "regular" family settings.1 In the second phase, the study was taken further, moving from parental care to the establishment of liation (nasab) and the schemes in place for the care and protection of "parentless" children, that is, children of uncertain, defective, or unknown liation (majhul al-nasab) or with unt parents.Both issues, the regulation of nasab and the care of children without permanent caretakers, are particularly thorny matters because they touch on a number of sensitive issues, including sexual relationships out of wedlock, biological fatherhood, and international pressure to implement child protection laws.A total of eighteen papers were commissioned: fourteen country studies discussing the legal framework governing the establishment of liation and care for parentless children and four thematic papers highlighting those topics in premodern Sunni and Shiite Islamic jurisprudence ( qh), Arab private international law, and public international law.Thus, while most of the country studies are being published in the form of an edited volume, 2 two country studies-one on India 1 Nadjma Yassari, Lena-Maria Möller, and Imen Gallala-Arndt, eds., Parental Care and the Best Interests of the Child in Muslim Countries (The Hague: T.

Source: Journal of Law and Religion

DOI: 10.1017/jlr.2019.40

Authors: Dörthe Engelcke, Nadjma Yassari

Institutions: Max Planck Institute for Comparative and International Private Law, Max Planck Institute for Comparative Public Law and International Law

Language: English

Topic: Family and Matrimonial Law

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: hybrid

Estimated APC paid: $2,980