Child Custody in Islamic Law

Theory and Practice in Egypt since the Sixteenth Century

Child Custody in Islamic Law
Ahmed Fekry Ibrahim
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Paperback
Not defined - 279pg
18 Jun 2020 UK
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9781108456197
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Pre-modern Muslim jurists drew a clear distinction between the nurturing and upkeep of children, or 'custody', and caring for the child's education, discipline, and property, known as 'guardianship'. Here, Ahmed Fekry Ibrahim analyzes how these two concepts relate to the welfare of the child, and traces the development of an Islamic child welfare jurisprudence akin to the Euro-American concept of the best interests of the child, enshrined in the Convention on the Rights of the Child (CRC). Challenging Euro-American exceptionalism, he argues that child welfare played an essential role in agreements designed by early modern Egyptian judges and families, and that Egyptian child custody laws underwent radical transformations in the modern period. Focusing on a variety of themes, including matters of age and gender, the mother's marital status, and the custodian's lifestyle and religious affiliation, Ibrahim shows that there is an exaggerated gap between the modern concept of the best interests of the child and pre-modern Egyptian approaches to child welfare.

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'This is a fascinating account of the practice of custody and guardianship in Egypt,and one hopes many future studies on these subjects will follow.' Janan Delgado, Journal of Near Eastern Studies
'This is a fascinating account of the practice of custody and guardianship in Egypt,and one hopes many future studies on these subjects will follow.' Janan Delgado, Journal of Near Eastern Studies
Ahmed Fekry Ibrahim is Assistant Professor of Islamic Law at McGill University, Montreal. He has been writing about the theory and practice of Islamic law in the pre-modern and modern periods by examining both juristic discourse and court records. His research has been supported by numerous bodies, including the Berlin-Brandenburgische Akademie der Wissenschaften, the Social Sciences and Humanities Research Council of Canada, the Max Planck Institute for Comparative and International Private Law, the American Research Center in Egypt, and the School of Foreign Service at Georgetown University in Qatar.
Status: Active
ISBN-13: 9781108456197
Published: 18 Jun 2020
Published In: United Kingdom
Imprint: Cambridge University Press
Publisher: Cambridge University Press
Format: Paperback
Pages: 279

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