Parental Child Abduction to Islamic Law Countries: A Child Rights Analysis of the Legal Framework [Paperback]

As the world becomes smaller, family law is becoming truly global, giving rise to more and more questions for private international law. This book looks at the sensitive and complex question of child abduction, with a unique child rights perspective. Taking Islamic law as its case study, it delves into child abduction in key jurisdictions from Iran to Saudi Arabia and Libya to Pakistan. Rigorous doctrinal analysis is enhanced by empirical insights, namely interviews with abductees, parents and professionals. It is an excellent guide to a complicated field.Nazia Yaqubis Lecturer in Law at Leeds Beckett University, UK.

1. Introduction
I. Islamic Law Countries as a Focus
II. The Abducted Child as a Focus
III. A Children's Rights-Based Approach
IV. Methodological Approach
Dataset
Diversity of Islamic Law Countries
The Limitations of this Methodology
V. The Parameters and Overview of this Text
2. The Importance of Children's Rights to the Regulation of Parental Child Abduction
I. A Children's Rights-Based Approach Requires the Hague Convention to be Interpreted as a Children's Rights Instrument
II. Embedding Children's Rights to Correctly Apply the Hague Convention
III. Morocco: A Case Study
IV. Conclusion
3. In the Best Interests of the Abducted Child
I. Introducing Samir, Yasmin, Jamal and Daniel
II. The Principle of the Best Interests of the Child and the Law on Cross-Border Parental Abduction
III. How the Domestic Islamic Law Framework Responds to Cases of Parental Child Abduction from the UK
IV. How the Hague Regime Fares as an Alternative to Upholding the Article 3 CRC Right of Children Abducted
to Islamic Law Countries
V. Best Interests of the Child as a Rule of the Procedure
VI. Conclusion
4. The Child's Voice in Abduction Proceedings
I. An Abducted Child's Right to beHeard: Article 12 CRC
II. A Child's Right toAutonomyin Decision-Making: Isll3¡