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Filiation and the protection of pare...

Moller, Lena-Maria.

Filiation and the protection of parentless childrentowards a social definition of the family in Muslim jurisdictions /

Record Type:	Electronic resources : Monograph/item
Title/Author:	Filiation and the protection of parentless childrenedited by Nadjma Yassari, Lena-Maria Moller, Marie-Claude Najm.
Reminder of title:	towards a social definition of the family in Muslim jurisdictions /
other author:	Yassari, Nadjma.
Published:	The Hague :T.M.C. Asser Press :2019.
Description:	xi, 412 p. :ill., digital ;24 cm.
Contained By:	Springer Nature eBook
Subject:	Paternity (Islamic law)
Online resource:	https://doi.org/10.1007/978-94-6265-311-5
ISBN:	9789462653115$q(electronic bk.)

Filiation and the protection of parentless childrentowards a social definition of the family in Muslim jurisdictions /
Filiation and the protection of parentless childrentowards a social definition of the family in Muslim jurisdictions /[electronic resource] :edited by Nadjma Yassari, Lena-Maria Moller, Marie-Claude Najm. - The Hague :T.M.C. Asser Press :2019. - xi, 412 p. :ill., digital ;24 cm.

Chapter 1. Care of Abandoned Children in Sunni Islamic Law: Early Modern Egypt in Theory and Practice -- Chapter 2. Filiation/nasab and Family Values in Pre-Modern Shi?i Law -- Chapter 3. Algeria -- Chapter 4. Iran -- Chapter 5. Iraq -- Chapter 6. Jordan -- Chapter 7. Lebanon -- Chapter 8. Malaysia -- Chapter 9. Morocco -- Chapter 10. Pakistan -- Chapter 11. Saudi Arabia -- Chapter 12. Tunisia -- Chapter 13. United Arab Emirates -- Chapter 14. The Recognition and Enforcement of Foreign Filiation Judgments in Arab Countries -- Chapter 15. Synopsis.

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 Moller 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)

ISBN: 9789462653115$q(electronic bk.)

Standard No.: 10.1007/978-94-6265-311-5doiSubjects--Topical Terms:

878683
Paternity (Islamic law)

LC Class. No.: KBP587.2 / .F55 2019

Dewey Class. No.: 346.0175091767

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505 0 $a Chapter 1. Care of Abandoned Children in Sunni Islamic Law: Early Modern Egypt in Theory and Practice -- Chapter 2. Filiation/nasab and Family Values in Pre-Modern Shi?i Law -- Chapter 3. Algeria -- Chapter 4. Iran -- Chapter 5. Iraq -- Chapter 6. Jordan -- Chapter 7. Lebanon -- Chapter 8. Malaysia -- Chapter 9. Morocco -- Chapter 10. Pakistan -- Chapter 11. Saudi Arabia -- Chapter 12. Tunisia -- Chapter 13. United Arab Emirates -- Chapter 14. The Recognition and Enforcement of Foreign Filiation Judgments in Arab Countries -- Chapter 15. Synopsis.
520 $a 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 Moller 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)
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